The Sale of Goods Act 1979 is perhaps the most useful and relevant to the problems many consumers face when they make purchases on the High Street, online or by mail order. It is worth knowing about this piece of legislation, in terms of what rights you have and how you can resolve the situation, [...]
July 18th, 2008 | Catriona | 0 comments | ContinuedBuying Goods
It’s second hand – do I have any rights?
There is a section devoted specifically to buying from public auction sites such as ebay, but for now there are some points to bear in mind when buying second-hand. Firstly, remember that the statutory entitlement of quality and fitness for purpose only applies when buying from someone who is ‘acting in the course of a [...]
June 30th, 2008 | Catriona | 0 comments | Continued
The shop doesn’t want to know - they say it’s the manufacturer’s responsibility
The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! If there is an obvious fault with the item at any [...]
June 30th, 2008 | Catriona | 0 comments | Continued
Do shops have to give me my money back?
When you buy something from a shop you are entering into a legally binding contract. Therefore they don’t have to give you a refund simply because you have changed your mind. Only if one of your statutory rights is breached (i.e. that the item is damaged, of poor quality or not fit for purpose) do [...]
June 30th, 2008 | Catriona | 0 comments | Continued
They say I’ve taken ownership so it’s my responsibility
The principles of contract law discussed earlier are evident here, and if the breach is so fundamental or the consequences so significant, you will be entitled to rescind the contract entirely, get your money back and also claim damages. However, your rights in this respect depend upon whether it is felt you have already ‘accepted’ [...]
June 30th, 2008 | Catriona | 0 comments | Continued
Is the guarantee worth the paper it’s written on?
In addition to the protection given to consumers by the Sale of Goods Act, manufacturers and retailers will also issue their own guarantees or warranties. The two are basically the same thing so for the purposes of simplicity we will refer to them as warranties. It is a myth that certain products (electrical products for [...]
June 27th, 2008 | Catriona | 0 comments | Continued
What are my rights if I buy an item which I know to be damaged?
If an item is reduced in price due to a sale, your rights are the same as if it were a full priced item. If however, the item is reduced due to a defect and you are made aware of that defect, you cannot then return the item on the basis of that defect. Sounds [...]
June 15th, 2008 | Catriona | 0 comments | Continued
I bought it from a bloke down the pub
As mentioned in ‘How long should it last?’, the statutory term of satisfactory quality only applies if you have bought something from a commercial entity – a supplier or retailer who is acting ‘in the course of a business’. In this respect, your rights under Sale of Goods apply even if the item you have [...]
June 15th, 2008 | Catriona | 0 comments | Continued
How long should it last?
Durability
Durability is another recent addition to the definition of quality. How long should a dishwasher or a vacuum cleaner or a printer last? This is a very common source of complaint and one which manufacturers were always quick to turn back on the consumer, requiring them to provide proof that the item did not conform [...]
It is not fit for purpose
That’s a legitimate claim as long as you are using the item for the purpose for which it was intended. This is the principle of fitness for purpose. There is no point claiming that paint thinner has had adverse effects if it is not being used as paint thinner! Similarly, if you are commissioning the [...]
June 15th, 2008 | Catriona | 0 comments | Continued
