…And if my statutory rights are breached?
What are my entitlements?
The Sale of Goods Act requires that goods be accurately described, of satisfactory quality and fit for any purpose specified. In other words, they must ‘conform to the contract of sale’. If this is not the case within the first 6 months after purchase, you have a range of remedies available to you which you should take up with the seller. It is not a straightforward matter of demanding a refund plus damages if this is unreasonable and disproportionate in terms of the item you bought or the problem you encountered. For example, it would be unreasonable to request a brand new car on the basis of a broken brake light, Similarly, where a washing machine can be easily fixed in situ, you are unlikely to be simply given another one.
Repair, replace, reduce, refund
In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. It is for this reason you are given a replacement item while the one you bought is being fixed. Take care to ensure however you are given a ‘like for like’ product and not simply the cheapest and most basic model. If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality and reasonableness in this legislation, in most cases you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that the refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to return the item if something else goes wrong.
Common Complaints
- They say I’ve taken ownership so it’s my responsibility
- Do shops have to give me my money back?
- The shop doesn’t want to know, they say it is the manufacturer’s responsibility.
- It’s second hand – do I have any rights?
Your Statutory Rights
Related posts:
I am in a situation with Three Network. I don’t know what my Statutory Rights are but they say I cannot return a mobile during its 14 day evaluation if I personalise it in any way and yet you have to set the time before you can do anything with the phone. This means you are in a catch 22. What are my rights regards trying out the features before I decide. I have two problems. I am a bed-bound paraplegic so can’t check out the shops and secondly my eyesight is poor so I need to check if the mobile has large fonts.
Where do I stand????
I am in a situation with Orange Network (as I have purchase a contract mobile phone from Orange retail Shop). I don’t know what my Statutory Rights are but they say I cannot return a mobile during its 14 day evaluation as they have written in contract form. Is that not against UK Law for statutory rights?
Paul, personalising a phone refers to putting in new hardware or downloading data, it does not refer to changing the settings, which can be changed back to default at any time without a problem. So you fine to check the phone’s features while it is in your possession.
Gurdev, if you bought the phone in a shop and signed a contract you do not have a cooling off period and are now bound by the terms of the contract for the period of the agreement. The shop would argue you entered into a legally binding contact when you signed – and they would be right. The only way you could get out of it is you claim you were ‘misold’ the contract on the basis of something you were told or something implied which later turned out not to be true. My advice would be to talk to them and try to reach some kind of amicable agreement – i.e changing the phone after a reduced time period, but Orange do not have to take the phone back just because you don’t like it.
I have a laptop which has been about a year and 4 months now, and it has started turning off randomly. I purchased the product with a credit card so i am thinking wheter or not this might be protected by the consumer credit act section 75 or the sale of goods act 1979. I have written to comet about the sale of goods act but they have just said no – simple as that. Please help me
Ahmed, Sale of Goods states that an item should be durable (i.e last a reaonable length of time). If it breaks down the retailer is obliged to examine it, and if found to be faulty must offer you a repair. If this cannot be done, then they should replace it. Write to them, quoting consumer remedies under S.48 Sale of Goods, giving them 14 days to respond. If they do not, you will seeking alternative quotes for repair and presenting the bill to Comet for immediate payment.
Catriona, thank you very much for your help. I wrote another letter to them last week stating exactly wot you have just said and guess what, “just out of goodwill” there offering to have a look at it and take it from there free of charge. When i took it to the shop, the guy couldnt believe that someone offered to fix it for free so he had to make so many phone calls and still he was unclear. I asked him “so was my information correct?” he goes yeh it was, there not sure why but a senior manager has authorized a free repair for you. So thanks to everyone whose providing good information on here, thank you to catriona especially!!
Ahmed, it’s incredible the way retilers confuse consumer rights with goodwill gestures, but whatever gets the job done I guess. These people call themselves ’sales consultants’ but don’t know the basics. Well done!
What are my rights if a portable hard disk I bought from the Apple Store stops working after 7 months? If asked, how do I prove it is not down to misuse? What is my best approach when going back to the store, and what reasonable response should I expect?
Thanks!
Dan, electronic faults are rarely a result of misuse, I doubt the Apple Store will consider this to be the case. Sale of Goods mentions durability as an element of satisfactory quality. Your consumer rights if something stops working before it should oblige the retailer to offer a repair in the first instance. If this cannot be done, a replacement.
How does it work when I’m based in the USA and I purchased a mobile from a company based in the Bournemouth, Dorset, UK? I’m currently in dispute with the company because they’ve taken more than 2 months (sequentially) to facilitate 3 repair sessions (with only shipping back costs to me) for my mobile under the manufacturer’s warranty.
Taking more than a month for repairs falls under Distance Selling rules also?
I’ve already sent post to them (as recommended by Consumer Direct) declaring that the company is in probable violation of the Sale of Goods Act because the good is unsatisfactory, and the company took unreasonable time and extreme inconvenience in on-going repair, so I want an exchange/refund as alternative remedies.
The company continues to deny the latter remedies under the Act stating they’ve been acting promptly and satisfactorily, and somehow that aligns with the good being satisfactory, and the repair time reasonable, and that continuing to physically possess the mobile for repair is okay.
Now Consumer Direct recommends I send a 2nd post to declare that the company failed to resolve amicably, and then I need to file in small claims court. This involves a plane ticket, taking time off from work, finding a place to stay, filing paperwork, and so forth — very high hurdles just to get this company to comply.
Do I have any other more reasonable alternatives or solutions?
My little brother has bought a laptop from a store called CEX and he ha a disability so requires extra attention. I feel the product is over priced a crashed on me twice within 24 hours. The store offered me a store voucher which mistakenly I accepted but kept argueing that I want the mony refunded. The manager claims that the statuary rights don’t apply to them the same as oher stores because they are not selling brand new goods. What right do I have of getting m money back for this item which is a laptop.
I bought a pair of curtains and had them prfessionally hung . The track and curtains have fallen down after 18 months
I purchased two topiary trees from an online specialist in december for either side of my front door.
one is fit and healthy and one has died
I notified the supplier who offered a 25% discount off a replacement
Should I be entitled to a free replacement or a refund
thanks
my 2 vodaphone sony ericcson handsets both sustained water damage and after a row with the insurers, they finally agreed to repair/replace these. I have been a vodafone customer for 5 years and presently 12 months into a 24 monmth contract, after many trips to my local voadafone store and a row with them, they agreed to send these off and as they were not repairable, i received back 2 “refurbished/reconditioned” handsets – the exact same model.
However now 9 days on – both these refurbished phones have problems, they turn themselves on and off, the memory cardis not “picked up”, calls cannot be answered and more worryingly and dangerously, one fo the phones is boiling hot and feel ready to actually explode/burn and for safety reasons has been taken apart.
I intend to travel back to the shop again but wondered where I stand with regard to this policy excess fee – will I have to pay this again as this will now be a seperate claim? surely vodafone are liable as these refurbished handsets are broken, and can I insist on a brand new phone rather than a refurbished phone?
My original phones were brand new so why should I have to accept refurbished ones which are not in working order?
many thanks.
Hi, I (amongst many others it seems) have a problem with my 5 month old Mercedes which is going to take 4 weeks for them to fix. This seems to be a manufacturing defect affecting thousands of their cars
Now, I have been been given a replacement car by Mercedes for the duration of the repair that is by no means anywhere near a ‘like for like’ replacement, it’s a 3 door vauxhall Astra which is no use for me considering I have a young baby who needs to be seated in the child seat in the rear of the car – this is extremely inconvenient trying to manouver a baby into a child seat whilst clambering over the front seat folded forwards.
now, mercedes have told me that they have no obligation to provide a ‘like for like’ car, but simply to get me back on the road, however reading this page it seems like they do have responsibility to provide a ‘like for like’ replacement.
I’m just a bit confused by this one, what exactly are my rights and Mercedes’ obligations in this case – can anyone help ?
Hi, hope you can help. I bought a pair of knee high riding boots. But the zip come undone from the ankle when you kneel down and get up. I’ve sent them back, but the company say they can’t find anything wrong with them and have sent them back FOC. I received them the other day, did the zip up, ran my fingernail up the zip from the inside and the zip broke again. Can I demand a replacement of that boot or my money back? It’s going to cost me another £8 to send them back again… txs for any advice.
Hi
I bought some new memory from a uk based seller on ebay. The memory was faulty on receipt and I reported it within 7 days. They have offered to replace the item if I send it back to them. Since then I have investigated and decided that I have no faith in this brand of memory and have requested a refund instead of replacement. I sent the memory back outside the 7 day period and they have not offered to refund my postage. Can I have my money back for purchase and postage?
TIA
Hi last year i ordered an lg tv from my friends littlewoods catalog and it broke 11 months later, I phoned lg and they said it has to be done through littlewoods, I then phoned them and they sent an engineer out who classed it as b.e.r and said i had to arrange with littlewoods for the new tv to be sent to me, I done this and they said there was one being sent out yet nearly 2 months later still nothing…. I then rang them again and they said that they could not send me one as my agent (friend) was in arrears with her catalog, even though the tv was paid off they are still refusing, surley they have taken it from my house and its my property they have to deal with me on this matter, and they shouldnt be able to refuse a new one as its under warranty and its paid for? What am i to do, 2 months my children have had no tele have i got any hope?
We have ordered Hire Suits last September for a wedding on 13th June this year. The men have been measured at least 3 times, type of shirt chosen and patterned waistcoat chosen. These have now come in (after lots of hiccups along the way). The Groom has tried his suit on – jacket too short, trousers too small, wrong waistcoat and wrong style shirt. Another suit – again, wrong waistcoat with a hole in it and jacket and trousers too big. With only 8 days to the wedding we have lost faith in the shop and we are now wanting a refund of the deposit paid (one of the men actually paid for his hire suit in full). Under our statutory rights are we entitled to our deposits back even though the customer agreement states the deposit is foreited upon cancellation.
i bought a sofa half fabric half leather it was lovley supportive and comfi,we have had it 4 months and the cushion seats have sunk to half the depth and you can see the shape of the filling on the outside ,very poor quality it was from scs in chester,the man julian who works there told us it had a type of memory foam in it and it would stay firm for years to come ,we have been on to them about it and they say we cant have our money back cos its not there policy i would like to now were i stand.jacqui
Hi,
I have had a playstation 3 for over 2 years but it is now faulty and I have been told, unrepairable. It seems there is a big problem with these machines. Do I have any rights under the Sale of Goods Act 2002?
My 17 month old Apple Mac’s keyboard doesn’t work, or rather some letters don’t work. Apple UK have refused to repair it as out of warranty, but say that I have recourse in consumer law and they recognize that a hardware fault shouldn’t happen at 17 months.
So, in other words, they won’t repair it until they are forced to do so, which is so infuriating.
I have returned a defective clock 2 months after purchase as it started to tell the wrong time. The price has been refunded but the seller refuses to refund postage.
Please let me know the section numbers of the Sale of Goods Act under which I can get a refund for the cost of returning the faulty goods.
Many thanks.
bought sony 40inch tv feb 10 by july 10 the set stopped working. No picture very poor sound. I bought it from sony at lakeside, essex, not interested in replacing set as covered by warranty. Repair company had my tv 3 weeks &
replaced one part still not working and now ordered another part what are my rights. Sony uk not helpful. Wish i could have’refund to buy other make
Hi, My problem is I bought a LUXOR PVR from Asda at the start of the year. After a couple of months I binned the packaging thinking I wouldn’t need it (along with the instructions manual). After another month the machine died on me. I took it back to Asda and after around 30 minutes of arguing with the clerk about my rights to a refund, without needing to provide the packaging, they finally gave me an exchange, but kept the packaging and manual from the new machine. Now, 3 months or so later the new PVR has also packed up (exactly the same as the first, the HD failed to initialize). After a little research I have discovered that this is a very common problem with the device so I intend on getting a full refund – but without the packaging/user manual have I a leg to stand on?
Thanks in advance for any aid given.
Lee Hardy.