What are my Statutory Rights?
You often see signs in shops at the counter which say ‘this does not affect your statutory rights’. But what does this mean? What we are talking about here are the legal obligations of retailers and suppliers to protect consumers from fraud, poor quality, misrepresentation or economic loss. The sale of goods is subject to the inclusion of these statutory rights (or terms), whether or not a written contract exists and whether or not they are specifically mentioned at any stage. Any attempt to mislead you or deny you of them is illegal!
The seller has the right to sell
So what precisely are your statutory rights when you make a purchase? Firstly, you should expect the seller to have the right the sell the item and to be able to transfer full ownership to you. Seems an obvious point really. A second hand car dealer who sells you a stolen car does not have the right to sell that car and you would not take ownership of it, even though you have handed over the money. If the item is not owned by the seller, or the seller has not been given permission to sell the item, the contract is immediately invalidated - and you will own nothing.
It is what you expected?
Secondly, if you are buying something on the basis of a description or a sample, you should expect the item to conform exactly to that description or sample. If it does not, you have the right to reject the goods, demand a full refund and possibly claim damages. If you have had a chance to examine the item for yourself prior to buying it, you cannot reject the goods but may be able to claim damages.
Satisfactory quality
And finally, the most commonly cited and hotly contested of all, that of satisfactory quality. There is so much to say about this, it deserves its own section:
- How do you measure quality?
- It’s not fit for purpose
- How long should it last?
- Is the guarantee worth the paper it’s written on?
- I bought it from a bloke down the pub
- Rights when knowingly buying damaged goods
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?
Comment by Mark M on 19 August 2008:
I have been sent the wrong laptop (partially complete too) by an internet company, do I have to pay for the postage to send the goods back? I let them know immediately of the problem when the goods arrived at my house but they reckon I should pay to send it back.
Comment by Catriona on 16 September 2008:
Sorry for the delay Mark, I have only just seen your response. No, you should not have to incur with any additional expense in rectifying the problem. If you have to pay to return the PC then you have the right to claim back the cost of doing so from the company
Comment by Kelly Seymour on 18 September 2008:
I bought a washing machine from Kays catalogue that’s still under guarantee and it has broken down. I have waited for a whole month and it has still not been repaired. Now I have asked for a refund or replacement because of the time span and have been told that Kays are allowed to have an engineer sent 3 times before they will do anything about it. Any clues anyone as this is driving ,me nuts! Thanks.
Comment by bel on 20 September 2008:
bought printer and also its corresponding paper/cartridge set, from well know store, it was excluded from their 30 day money back policy, but i found that it did not print good pictures, i tried helpline and troubleshooting tips in manual, can i use my statutory rights under not fit for purpose and get money back on printer and paper/cartridges, about £100 in total and cant afford to lose that.
it was just a couple of days ago and i can show them the pictures to prove not good quality.
thanks
Comment by Catriona on 24 September 2008:
Kelly - what is considered reasonable is open to interpretation, the 3 times thing is their interpretation, but would appear to be totally unreaonable. You shouldn’t have to wait a month, particularly for something as vital as a washing machine and you are quite within your rights to ask for a replacement or a refund. Your next step would be to write to thtem making ‘time of the essence’ and demanding that they fix it to your satisfaction within 7 days, otherwise you will ask for a replacement / partial refund. threaten that if this doesn’t happen you will simply buy a new one and claim the cost back from them via a small claims procedure. The guarantee is irrelevant and you are invoking your rights under the Sale of Goods Act.
Comment by Catriona on 24 September 2008:
Bel - if it was just a couple of days ago you haven’t really taken ownership of it and are in a good position to return it. You must give them the opportunity to see the problem for themselves so they can fix the problem before you demand a replacement or a refund. If the printer is for printing photos and performs badly, you need to be sure it was sold as a photo printer and not just for documents. It may simply be on the wrong setting?
Comment by R Mason on 10 November 2008:
I have bought an office chair from Tesco direct,and the gas lift is faulty.I phoned Tesco and asked for a replacement chair,I was told I had to pay for another,is this right as I will have payed for two chairs and still have one faulty one.
Comment by Catriona on 12 November 2008:
R Mason, you have been misadvised, if it is faulty they must offer to fix it in the first instance. If this does not work you can then be offered an exchange or a refund. Ring back and ask to speak to someone else, they normally have a good returns policy.
Comment by S W Large on 13 November 2008:
For my sisters birthday present, we sent my younger sister out to buy the gift. We settled on getting her some perfume, with a brand and type in mind. My sister went to the shop, asked them if they had the exact perfume in. The lady confirmed that they indeed did and popped in a bag for her. It turns out that the perfume was the right brand but the wrong kind. My sister went back to the store who went on to claim they didn’t stock the exact product that we wanted and refused her a refund. It was/is still sealed and in the same condition as when purchased, is there anything we can do?
Comment by Catriona on 13 November 2008:
Simon, once you have bought something from a shop you have entered into a legally binding agreement and the shop is under no obligation to refund you unless the product is faulty. The shop will say your sister had the opportunity to examine the goods before deciding to buy so the mistake was hers. The best you could expect would be a credit note but this would be at the discretion of the store.
Comment by David Chadwick on 14 November 2008:
We hired 5 wedding suits for our wedding from Jonathan Hawkes in Exeter.
The 2 ushers suits were ridiculously small ( 3 inches in sleeve length ) I complained but all they have done is send me a £50 voucher saying I should have got them to try them on before the day.
We were all measured so they just got it wrong. What can I do, if anything?
Comment by malcolm mcmillan on 16 November 2008:
hi dont know if you can help daughter bought sony tv from currys 9 days later tv now £50 cheaper plus your getting a free home cinema system can she ask for dicount and home cinema system or is she just too late for deal cheers any help would be great
Comment by Catriona on 19 November 2008:
David, The suits were not of poor quality and were not unfit for purpose, simply too small. If it was the shop who measured you, then I would support your claim, that they got it wrong. If you simply gave them your measurements it should have been your responsibility to examine the goods beforehand (i.e try them on). If the shop encouraged you to do this, then you are unlikely to have any comeback.
Comment by Catriona on 19 November 2008:
Malcolm, I’m afraid not. shops are entitled to do this. As long as they didn’t mislead you at the time of purchase.