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 time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty. Even after this 6 month period, if the item breaks down prematurely , you should always go back to the shop or retailer in the first instance.
Your statutory rights under the Sale of Goods Act take precedence over and above any warranty or guarantee you may have with either the retailer or manufacturer. It is misleading for a shop to tell you they can do nothing simply because their warranty or guarantee has run out, because you will still have your statutory rights. See our section on guarantees and extended warranties for more info.
Common Complaints
- They say I’ve taken ownership so it’s my responsibility
- Do shops have to give me my money back?
- It’s second hand – do I have any rights?
Your Statutory Rights
Related posts:
Hi
I see that you frequently state “within six months” to take something back to the seller if it needs repair. What about after six months but within a contract?
I was provided with a “free” phone (Motorola Razr V8) when I signed an 18 month contract with Orange. Just after the first six months the keys started to wear out and require great care to use effectively. Now after eight it’s getting almost impossible to use at all. I don’t do much texting, as Orange’s records will show, so the keys have had no unusual stress, arguably much less than average expectation.
Orange insist that this is now the manufacturer’s problem and I should take it up with them. My view is that I have an eighteen month contract with Orange and the hardware they have provided me with is not going anywhere near that distance, so it is for them to fulfil their contract by handling inadequacies in the equipment which they promoted and provided.
Should I cave in and go to the manufacturer? At the current rate I expect to spend around £800 on this contract over the 18 months, and I feel Orange owes me a standard of service for that.
Orange have also told me that they have not had problems with the keypad of this model. A quick search of online forums shows that this problem is in fact common. Orange not being aware is unlikely at best.
I feel I’m being bullied into shutting up. I can’t reconcile this with Orange’s Code of Practice: “We will deliver quality, value and excellent service to you. We will deliver quality and value for money, and always endeavour to put customers first.”
Can you let me know what my rights are here? And/or the most sensible course of action!
Thanks
Ben
Ben – the 6 month rule is that anything occuring within that time renders it automatically the liability of the retailer. After this time you may find yourself having to prove it wasn’t wear and tear. Although as you say, your phone bill can vouch for the amount of texting you do. Who did you buy the phone from? Because it is the seller you should be contacting to sort out the problem for you, not the manufacturer. Do not be directed to the manufacturer at any stage. If you bought from Orange then they need to fix this for you within reasonable time or provide you with a new phone (section 48B Sale of Goods). If you can demonstrate the problem clearly to them, the next course of action should be to ‘make time of the essence’ by requesting that they take action to rectify this problem to your satisfacton within 7 days, or you can claim breach of contract on their part (seciton 14) and entitlement on your part to terminate the contract. This is your statutory right.
I bought a pair of traniers from a company on ebay November 2008, a split appeared at the front within the first week of January and the hole is now about an inch in lenght making them unwearable. The seller who sold it has said it is nothing to with them and to get in the contact the company made the product. Have you any ideas if they have to replace them or give me my money back?
Jim, if the individual you bought them from is a commercial trader, rather than a private seller, then they are liable for poor quality under Sale of Goods, not the manufacturer. So they must replace or refund – a repair is obviously not feasible.
Hi,
I bought an aquarium about 6 months ago and the light has now failed – I think the whole top hood needs replacement. The shop where I bought it has now closed. It came with a 24 month guarantee but I don’t have proof of purchase, except a record of the debit card transaction on my bank statement. Do I have any rights with the manufacturer?
Declan, Under Sale of Goods you would take the item back to the retailer, but the retailer would only send it on to the manufacturer anyway so you’re simply cutting out the middle man. The debit card transaction will do as proof enough of purchase, don’t be told oherwise! In addition to Sale of Goods, the guarantee is also legally binding, but check who it is with, if it is with the retailer and the retailer has closed down, it counts for nothing. If it is with the manufacturer, they must honour it.
At the end of January 2008 (22nd?) I purchased a Sony digital camera for my wife’s birthday (Feb 2008) from a highly respected High Street retailer for about £200. In November 2008 at a family party the flash wouldn’t work, although the rest of the camera was fine. The battery was running low so I assumed it was due to this and used another camera. Then at Christmas 2008, trying with three fully-charged batteries the same thing happened. However I couldn’t take it back to the store until 30th January 2009. The shop sent it back to Sony, but it has been returned because it was out of warranty and both parties refuse to repair or replace. So my question is ‘can I force anyone to accept responsibilty’ and using the fit for purpose argument ‘how long should a £200+ camera last?’
Many thanks. Dave
Dave, Sale of Goods uses the word ‘durable’ in its definition of satisfactory quality. There is no statutory definition of how long things should last beyond use of the word ‘reasonable’. Any normal person would consider 12 months as unreasonable. The way you have been dealt with by Sony is both unacceptable and unlawful. the retailer has a legal responsibility to make a repair in the first instance, and a replacement or partial refund if a repair is impossible. The warranty here is irrelevant. Are you sure the shop even sent it back to Sony?
Thanks Catriona. Thanks to your advice I went back to the shop to collect the camera and I asked them what they, as the retailer responsible, intended to do for me, as it clearly wasn’t fit for purpose. I used phrases like ‘expected life of product’ ‘Sale Of Goods Act’ ‘durability’, and asked if they thought 13 months life was suitable for cameras they were selling. After speaking to the manager (who hid in the back office!) I was given £175 towards a replacement camera (new model, as they didn’t stock the old one). I was also offered £150 cash to walk away and buy from somewhere else, but I decided to take the £175. thanks again.
I bought a mobile phone from Argos for christmas and it has stated to go wrong I took it back to Argos and they told me that they had to send it off. I don’t want this but they insist that they had to do this. They said it’s their policy to do this but I don’t want a phone that has been used for 2 months and faulty and been repaired. Do I have any other rights or am I going to have to send it off and now be without a phone for however long it’s going to take them?
Vikkie, Yes, Argos are within their rights to do this, you don’t have the right to request a replacement unless the repair doesn’t work. See:
http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/
and
http://whatconsumer.co.uk/mobile-phones-service-providers/
For more on this
Hello,
I purchased a Packard Bell iMedia X2424 package on the 29th October 2008 from PC World, 6 weeks ago the monitor started to develop a fault where ghosts of on screen programs could be seen moving away to the right and the text vibrating slightly. I went back to PC World, they confirmed the monitor is faulty, I then asked for a replacement, the manager stated “we do not stock replacement monitors” so I asked for a refund they said it is not possible because the item is out of its 28 day from purchase window. All they did was give me a premium rate phone number as the problem was the manufacturers to sort out not theirs. The reason I asked for a replacment instead of a repair is because, I am disabled and use me pc for eveyday things such as banking, food orders, keeping in touch with family and friends, and was told by the assistant a repair could leave me without a monitor for 2-3 weeks. I rang packard bell and have not been able to get a monitor as the call centre say, the repair centre is in another country and have no way of finding out any kind of timeframe as their only means of communication is via email. Considering the package cost me £500, is not even six months old, I would say that monitor is not of reasonable quality as it has become faulty after 3 months of use. Any help greatly appreciated.
Dear Mark,
This is not acceptable, ask to speak to a manager and quote your rights under the Sale of Goods Act. It is the shop’s responsibility to repair the item in the first instance and given your circumstances they should lend you a replacement while they effect the repair.
Tony
Could you be a bit more specific pinpointing what rights you mean as I am a bit confused with which i should go with, 2-3 could quite easily fit the bill e.g. fit for purpose, reasonable quality. I can understand why shops/traders get away with it a lot of the time as the SOGA is quite confusing to someone who hasn’t had previous troubles.
Mark, a number of points. Firstly it is the retailers responsibility to sort this out, not the manufacturer. You should not experience any additional cost, so referring you to a premium rate number is unlawful. Secondly, you have enhanced consumer rights if the item goes wrong in the first six months, and the retailer must sort this out without you having to prove anything. Thirdly, the item must be repaired in reasonable time and without significant inconvenience to you – you can easily prove this so they must provide you with a replacement while yours is away. No arguments.
I’m afraid the first option is under SOG is always a repair and a replacement can only be offered if a repair cannot be carried out, or if you experience significant inconvenience in the process. The warranty is irrelevant. Refer to: http://whatconsumer.co.uk/and-if-my-statutory-rights-are-breached/ for more on this. The legislation is s. 48 SOG. Ask to have this problem escalated and threaten to take this matter to Trading Standards unless they comply.
Thank you so much for all your help with my problem, I went back to PC World armed with all my knowledge thanks to you, and surprise surprise “oh yes Mr. Cotterill We’re happy to repair it for you”.
Thanks again I’ll always visit this site when I have problems in the future.
My father bought a very expensive laptop from Argos on Thursday, when I went to set it up for him at the weekend there was clearly a problem with the Hard Drive. My Father obviously wanted one that works and he has been sold faulty goods. However Argos state that their 30 day monbey back guarantee doesn’t apply to computers and will not replace it. They will send it back to Acer to be repaired, but this seems unfair as he didn’t pay £800 for a reconditioned laptop. What are his rights?
Beverley, Argos are misleading you by telling you this, their 30 day whatever has nothing to do with your statutory rights under Sale of Goods. However, Argos are within their rights to give you a repair in the first instance as long as it is done within reasonable time, without significant inconvenience and at no additional cost to you. If this cannot be done you can request a replacement and only if neither of these can be done can you request a refund. See: http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/ for more on this
I bought a Digital SLR Canon camera online from Jessops in April 2007. Within 5 days of the 12 month warranty expiring in 2008, the shutter failed. I took it back to Jessops who said it was out of warranty. Having spoken to Customer Services and citing the Sale of Goods Act the camera was sent back to Canon for an in warranty repair. I have not used the camera for about 6 weeks and at the weekend tried to use it at a family christening. The same problem with the shutter occurred. I have spoken again to Jessops who tell me tha their repairs are only guaranteed for 6 months. I have again cited the Sale of Goods Act as I expect a new shutter to last for longer in this expensive product. Customer Services has called to say that there is a sliding scale for repair work included in the of Goods Act. They have asked me to return the camera and their Canon agent will inspect and report back how much it will cost. Previously I was quoted (in 2008) about £150 for a new shutter. Does such a sliding scale exist and is it reasonable that this work is only warranted for 6 months? Thanks.
Hi, I purchased a brand new Michellin tyre from ATS on 30th December 2008. 2 days ago I noticed that the front nearside tyre has a large bulge in the tyre wall making the tyre illegal and dangerous. I took it back to ATS who looked at it and informed me that this was impact damage and as such they would not replace the tyre. I know that this is not the case as I know where the car has been since the tyres were put on. The manager at ATS branch then told me that they do not cover this type of claim any way and I would have to buy a new tyre from them and then they will send the faulty one back to Michellin where it will be tested and if it is found to be faulty then I would get a partial refund. When I read their terms and conditions he was quoting their own policy but they also say that they guarantee the tyre for its entire legal life and that my statatory rights are not affected. The guarantee seems to contradict my rights and would not cover any circumstance that would actually replace the faulty tyre. Could you advise me please. Do I have a valid argument for them to replace my tyre free of charge?
Helen, you are right to cite Sale of Goods, as the warrranty is irrelevant and using expiry of warranty as an excuse is a common way retailers wriggle out of their statutory obligations. Sale of Goods includes the word ‘durable’ in their definition of quality, and section 48 provides the remedies you can expect the retailer to provide if the item breaks down before it should. There is no sliding scale for repairs, only that a repair will be provided in the first instance. If a repair cannot be provided the item must be replaced, and if neither of these can be done, you must be given a refund. Sale of Goods overrides the warranty, and cannot obscure your statutory rights under this legislation. Go back, tell them that their repair has failed, so you are within your rights now to ask for a replacement (same or equivilent value). Good luck.
Dave, firstly, it is the retailer’s responsbility to deal with this, and you shouldn’t be directed to the manufacturer at any time (unless it benefits you). Secondly, with any fault which is discovered within the first 6 months, the assumption is that it was present when you bought it, and you need prove nothing. Your remedies under Sale of Goods apply to tyres just as they would a toaster or anything else and entitle you to a repair in the first instance. If this is not possible (which it would not be with something like a tyre) then you are within your rights to request a replacement. Disregard any talk of warranty and cite your rights under Sale of Goods. Good luck.
I brought an HP Officejet Photo printer from an online company called Insight at the beginning of February ‘09. Once it arrived I did not open it as I was about to go on holiday for a few weeks. When i returned i started using the printer and noticed that it would blur the last few inches of every printout. This happend regardless of what paper/ink i used, what computer i used or what program i printed from. It would also suffer from nummerous paper jams even though there was clearly no jam at all. I would deem it as not fit for purpose. So I rang up Insight and they directed me straight to HP. So i rang up HP, went though loads of troubleshooting and they confirmed that there was a fault with the printer, but they were only offering a refurbished model because thats what their warrenty states. I rang back Insight and said to them that they should offer me a new printer as the one i have was faulty from the start. They said they can’t as it is after their 30 day return policy. As the printer was faulty to begin with, do i have the right to demand a new printer or would Insight have to offer a repair first? Thank you in advance for your help and advice.
Tony, Unfortunately once some time has passed and the item has been used, the retailer only needs to offer a repair in the first instance. If this cannot be done they must replace the item. A refurbished model is the accepted equivilent of a repair, although the unit must be like for like – i.e. not significantly dented, scratched, or scuffed and must be of satisfactory quality. See: http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/ for more on your remedies under Sale of Goods.
I bought a pair of boots for £155 from a local shoe shop. After wearing them once i noticed that the stiching had come undone down the sides of both boots. I took tham back to the shop and asked for a refund as I donot want another pair as I do not trust the brand now. The sales assistant told me they were not allowed to give me a refund and had to send the boots away for analysis by the manufacturer. If they send the boots back to me repaired is it reasonable to request a refund or exchange if im not happy with the quality still? The shop seems to think it is not their responsibility even though I had the reciept, and they were the ones who sold me the faulty goods.
Hi Lucy,
It is reasonable for them to offer a repair rather than a refund. If the same problem happens again then you can try for a refund, but it is generally accepted that you have to give the shop at least three attempts to repair an item.
Tony
Hello!
Please help me!
I am a girl with no ‘man’ power behind me and I feel I am getting completely fobbed off! I bought a LCD TV from currys May 2008 and now the picture does not work just the sound. Currys say I am out of 1yr warranty and need to speak to phillips, phillips say as out of warranty need to speak to independant person who can look into fixing it obviously at a charge to me and they said ’sorry’ I presume as this TV was over £1000 it is going to be an expensive fix! Who holds responsibility what is best course of action? Spouting off ‘acts’ to currys and taking tv to them or doing it to phillips over the phone! Please help
Thank you
Hi Hannah,
A TV of this value should last longer than this and not of satisfactory quality. Currys should either fix it, replace it or provide a refund. This is one of your statutory rights as defined in the Sale of Goods Act. However, they are within their rights to request that you prove that the TV has an inherent fault and was not misused. You would be able to claim back the cost of this if it does have an inherent manufacturing fault. I hope this helps
Tony
Hi. Thank you for your help previously but the saga continues! I spoke to Currys who indeed said in need to prove inherent fault, They recommended me to use an certain TV engineer company for a report. I have done this and the company told me from the start that they cannot say 100% it is an inherent fault as standard but they can say it is not through any form of misuse. This engineer report has gone back to Currys who have responded to me saying the following:
“I was concerned to learn of the difficulties that you are experiencing with your Philips 42PFL9632D television. It is noted that your product is 21 months old. In light of your correspondence, I have contacted the engineer and I was advised that they are unable to confirm that the fault was inherent or state that it is a manufacturing defect. Given that no inherent fault or manufacturing defect has been confirmed, as a gesture of goodwill, we can contribute towards the half of the costs of the repair, which is £138.00. Should you wish to accept our offer, please contact us quoting ref.: CC0001458888. ”
I feel completely cheated as their recommended engineer company said they can’t say more than this. What more can I do to get the full refund I am entitled to?
MAny thanks
Hannah
Hi Hannah. I had a similar problem with a well-known high street department store concerning an expensive digital camera. It was 1 week out of warranty when i took it back and they quoted the usual ‘out of warranty’ response. However following advice from this site i went back to the shop, discussed buying a camera with a sales assistant without telliung him my reasons, and he suggested that a camera like this would last a few years, so i then went to the service desk and asked them if they had a policy of selling cameras that couldn’t be expected to last more than a year. I was then offered a 90% refund or money off a newer model. I was happy with that, but i dare say I could have spent a lot more time and not got much more. (thankyou ‘whatconsumer.co.uk’)
It’s the normal advice given by this and other consumer sites. An item should have a suitable life expectancy. I just asked a simple question, ‘do they sell goods that they expect to have a suitable life expectancy or not?’. From my understanding that deosn’t matter wether it’s a £1000 TV or a £40 toaster. The annoying thing is you shouldn’t have to have ‘man power’ or seek this sort of advice, the warranty period is irrelevant if you have a faulty item.
i bought a bluetooth gaming headset which won’t even turn on(after many attempts) from Game on 27th december, and it says that they will give a no hassle refund within 28 days (which i know i am outside of!)if the product is still in the original sealed packaging (which surely is impossible if i know its faulty)and in addition, my statutory rights still apply. Should they give me a refund, exchange or something like store credit and if they should should they pay the price i bought it for or the out of sale price which is a fair bit more expensive?
many thanks
Dom
Hi Dom,
Generally you need to give them the opportunity to repair the item. If they can’t they can offer a replacement (like-for-like i.e. it doesn’t need to be new) or a refund – partial taking into account usage or based on residual value.
Tony
I purchased a steam generator iron from a tv channel (Ideal World). when I first received ti it had a part missing and I waited about 6 weeks for the part to be sent. Then after only using it twice it broke down on me. I have sent it back to them and they are sending it to their Quality dept to decide if I get a refind or if they repair it. I don’t want the iron back now I want a full refund. Can I demand one?
Thanks
They are within their rights to repair it rather than give you a refund. If the same fault occurs three times then you can demand a refund.
I bought a dvd home cinema system from an reputed online seller which cost £699. it was delivered in january 2008 and recently it will not play dvds properly, either freezing or skipping. Where do I stand with this?
Will, You need to ask them to repair it in the first instance. They may ask for an engineer’s report proving that it has not been misused and has an inherent defect. This is reasonable.
I bought a Dell laptop from currys in July 2009 complete with charger, which recently broke (charger), I took out the extended warranty with currys aswell. I tried to get some info in store about replacement/repair but they just referred me to their support helpline, they eventually pointed to Dell as its their product. Can i pursue currys for replacement or repair or is it down to dell
Stacey, this is for Currys to repair and I guess the easiest thing to do would be to claim under the warranty.
Tony
Hi Catriona, really appreciate all your work here!
I bought a pentax digital SLR for around £600 in mid august of 2008. Yesterday it developed a fault where it would not read memory cards. After searching on the internet and on forums i find that it is a common fault which can happen at any time, and that a repair costs around £200. On the “repairs” slip there is even a tick box for this problem. This leads me to assume that this is a fault which exists in pentax cameras and that it has nothing to do with wear and tear or any fault on my part. After 18 months am i still covered? Should it go to the manufacturer or to the retailer?
Thankyou!!
Hello, i am currently in a battle with a phone shop.
I got a phone on contract in November 2009 and it stopped working by January.
I took the phone back and they sent it off for repair, after 4 weeks i phoned up to see what is goin on and they said they have recived an email saying they wont repair it its a fault inside the phone.
But the shop said to me its after 28 days they wont replace it.
So still no phone. I told them about the sales of goods act, and they said do what you want basically we dont care.
So i wrote them a letter from martins money tips and stated they have 14 days to reply.
No reply after 20 days. i Phoned them up and im being directed all over the place all sayin its down to Sony Erricson now.
And everyone has been saying just buy a new phone we wont win the case.
Im getting very distressed over it all now.
I had the phone for 2 months.
I have tried saying you have to prove the phone wasnt broken before you sold it me. But no one is doing anything.
Do i take them court?
What do i do?
How does video game purchases factor into this? Recently purchased Assassin’s creed 2 from play.com. It is from publishers ubisoft and the box does quite clearly label “internet connection required” but they don’t state it is “constant internet connection” and they have already lost their own server access twice. Which renders this single player “offline” game useless. It does not need anything from the internet since it is just a one person game.
Frustrated that it requires such a thing as a constant internet, but it does also require them to be up and running with their servers! So part of the requirements of this particular product actually is the publisher!
Want to know really if I can get a refund, because it is frustrating enough as it is, especially since I dislike playing games on the net anyway!
Hello all
Desperately need some help. I purchased a wedding veil along with my wedding dress and went for my fitting last week – the veil doesn’t match my dress. I’m not happy with it at all. The shop said that the place that supplies them the veils do not do refunds or returns. The veil is a lot brighter than I anticipated. I am able to order another one but will have to pay another lot of money out for this. I’ve spent a lot of money in this shop. Am I entitled to a refund? I bought the veil from the shop and they ordered from designer/supplier.
Thanks
Stacey