Sale of Goods Act
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, because not all shops can be relied on to act in an honourable or lawful way.
The main focus of the Act is the provision of three statutory rights, although the act goes on to describe exactly what consumers are entitled to if any of these statutory rights are breached.
There is some confusion about how the Sale of Goods Act applies to second-hand goods, items purchased on the internet or by mail order, items purchased via a doorstep sale, or anything bought from an online auction or marketplace. This following sections will cover all these situations, and hopefully give you a better understanding of how the law protects you and what you must watch out for.
How the Sale of Goods Act applies to:
- Second-hand goods
- Goods sold online or by mail order
- Doorstep sales
- Ebay or other online auctions or marketplaces
Your Statutory Rights
- 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
And if your statutory rights are broken
- 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?
- It was damaged on delivery
Related posts:
Moved into a new house in May 2007, after completion one of the first things we had done was to get a gas fire and surround fitted. Had no problems with the gas fire (with electric ignition) until Friday night just gone when fire tripped the electric in the house and I was unable to reignite the fire. I called the company I bought the fire from yesterday and explained what happened. They called me back to advise to try a 13 amp fuse in the electric socket for the fire (even though the fire has worked with a 3 amp fuse without any problems for 18 months). They advised if this didn’t work they could send someone out but this would cost me £100 as I’ve had the fire for over a year or I could contact the manufacturer of the fire to try to resolve. I tried there suggestion of a 13 amp fuse and the fire worked again, until I tried it again later last night and it tripped the electric again (this time with a loud bang!). Do I have any rights regarding Sale of Goods Act as I would expect a fireplace to last longer than 18 months?
Thanks in Advance
I have bought a sofa – purchased from a shop via credit card. The sofa was not designed for me but was made specifically for the purchase. However, on taking delivery of the sofa, I have realised it is completely unsuitable for my home.
I have contacted the company but they refuse a refund because the sofa is not damaged in any way, and because it was manufactured for the purchase. The sofa (and accompanying chair) cost £900.00.
Are there any circumstances in which I can ask for a refund? The furniture is still in wrapping and has it tags attached.
many thanks
Liz, I’m afraid not. The only way you will get a refund is if the sofa is faulty. Because it was made to order, you will be lucky to get even an exchange but might be worth a try.
We paid £954 for a Samsung LCD television in May 2007. In January this year the television stopped working and we used a Samsung recommended repairer to repair it. We were told that the fault was with the main board which was subsequently replaced at a cost to us of £271. We were also told that the fault could not have been caused by anything we did. We have contacted Samsung for re-imbursement but they aren’t interested as the television is outside of the 12 month warranty. We feel that we have a claim under the Sales of Goods Act as you would not expect to pay this amount on a television, only for it to stop working 20 months later. Is this correct and should we pursue the claim with Samsung?
I’ll just correct myseklf. 12 months is the period in which a fault first develops. As long as you initially reported the fault within 12 months, you can use the SOG act. Outside of that time, the law does not automatically cover you.
Even a brand new car is not covered for more than 12 months, although manufacturers routinely give a three-year warranty as an add-on. This is not a legal requirement.
nhcrawford, You are correct, the TV would be expected to last a good deal longer than that without fault, and you certainly shouldn’t have had to pay out for a repair yourself. The warranty is irrelevant, you have a statutory right to expect durability under Sale of Goods. The problem is trying to get your money back now. The usual procedure is to return it to the supplier who will foot the bill, rather than dealing directly with the manufacturer. However, if you were able to get a written report from the approved repairer to say it was nothing you did, then you would have a good claim against them. Give them reasonable notice to pay or threaten them with the small claims court.
I bought an LG LCD Television last year which has developed a fault. I no longer have the original receipt and the shop it was purchased from has gone out of business. I have contacted LG who claim they cannot get hold of the parts to repair it and are completely unwilling to replace it without the original receipt. I was told by one of their customer service duty managers that they would replace it, they are now sticking to their policy that “without the receipt there is nothing they can do”, but they will try to find the parts to repair it out of “good will”. There is a label on the back of the TV which states “manufactured February 2008″.
Am I entitled to a replacement from LG??
McPhee, Your contract existed between you and the retailer, and you need the receipt to show that this existed. If however you paid on credit or debit card, your statement will do just as well. If you have the guarantee and have registered it with LG, then you won’t need the receipt. It seems a little harsh that LG will do nothing, but I’m afraid without proof of purchase, they are not legally entitled to take any action.
Could anyone please help. I visited a furniture store in Peterborough in January and after sitting on various 3 piece suites, ordered 2 recliner chairs and a 2 seater settee in leather. It was delivered last Friday (27 Mar) and immediately I sat on it and found it so uncomfortable that the thought of sitting on it for the next 10 years was out of the question. I contacted the store on Saturday and explained my problem. I have had a letter from the Manager today (Wednesday) who says that there is nothing they can do. I would like to return the suite even it means paying a 20% cancellation charge but it doesn’t seem as if I can even do this. It seems most unfair that if I had ordered over the internet or telephone I would be have been entitled to 14 days to try it out before returning it but not if bought direct. If the suite in the store had been that uncomfortable I would never have ordered it in the first place and it is almost like distance selling as I didn’t actually sit on the suite that WAS delivered.
If it is that uncomfortable it should fall under the not “fit for purpose”, and you should be etitled to your choice of refund or replacement.
If the store are denying that it is uncomfortable, then it is more tricky. The best way to tackle this is to get them to agree that it is uncomfortable, without letting on that you are going to use their agreement on that one point against them. Throw it in as an aside, but get them to agree. You could say something like: “I realise you have a store policy which I disagree with, not to refund just because of how it feels to sit on, but you must at least admit that it is really uncomfortable. If you won’t refund for that reason, (can you confirm this as I’m not sure?), what are the reasons you would refund?”
If they reply with something like “That’s right. We cannot refund just because it is uncomfortable. There must be a clear fault in the manufacturing. You had the opportunity to try out the display set…” etc.
Then you can initiate stage 2, which is to threaten taking that letter to court with you. If they have agreed it’s uncomfortable, on record, then you’ve got them. Fit for purpose – a sofa = comfort. Most judges should agree with that.
Hi
I have just bought a pressure washer (2 weeks ago) and have assembled it and read the instruction booklet fully. When attempting to use it I found that it wouldn’t work! I’ve tried the usual – with/without extension lead etc. I have the receipt, but have destroyed the packaging (cardboard box/polystyrene packing etc, so I wondered if they can insist the packaging is there, or be awkward about this, when I ask for a replacement?
Many thanks.
David
Hi Dave, if the product is faulty they should have no problem exchanging it. If they are insistant on the box then why not let them have the new box? I work in store and thats what we do so we can send it back safely, most customers dont want the packaging anyway.
Ann, are you sure it wasn’t just a little stiff because it was new and hadn’t been sat in very much? I’m afraid there is nothing you can do unless the sofa is faulty, and even then the shop are only obliged to repair or replace it. In any case the distance selling regs (and your 7 day cooling off period) don’t apply to sofas which are made to order (which most are). You would only get this if it was a display model which was for immediate delivery.
David, this is a good question. Although shops often request original packaging, they cannot refuse to accept something on this basis. To do so is a breach of your statutory rights. As long as you have all the bits and pieces and proof of purchase, the shop is obliged to replace the faulty item for you
My wife has bought a second hand vehicle and unfortunately I could not inspect it before the purchase. Upon bringing the vehicle home we noticed that the engine management light was on, it had been covered with a sticker! I immediately contacted the dealer and he admitted to me he put the sticker over the light to stop it shining in the driver’s eyes. He told me he was going to take the bulb out! He informed me that no error were codes were being shown on the diagnostic equipment and would not except that there is a fault with it.
I then inspected further to find the vehicle is a cat c insurance right off. the air conditioning has been crushed and a pipe snapped and hidden up inside the engine compartment, SRS air bag light does not come on when turning the ignition as it should do when completing a pre check, he replaced the windscreen before the MOT and it is the incorrect one it does not allow for heating which is standard on the vehicle and light which failed the MOT has been pack up with cardboard.
My wife is obviously very upset that the dealer never informed her of these defects when she asked about the general condition of the car. Lessons learnt and we now know how to advoid this situation again but would I be covered under the SOGA?
I recently purchased a telephone/fax/answering machine from a charity shop and found that certain functions do not work. Obviously I bought it in good faith expecting to be able to use all features. They have refused to refund my money. How do I stand under the Sale of Goods Act? As a charity, are they treated any differently to a normal retailer of goods?
Roy, any firm or individual who is acting ‘in the course of a business’ has an obligation to provide you with an item which if of good quality, fit for purpose and durable. A charity shop is a commercial trader and must therefore fulfil your normal statutory rights. Having said this there is the recognition that second hand items will not perform perfectly, and if you were to take it to court, this would be taken into account. If the item generally fulfils its purpose you would probably not have a case, and would be advised to ask for a reduction on the purchase price. It depends which features are not working, how it was sold and how much you paid for it.
Jonathan, yes, absolutely, as long as you bought it from a dealer and not as a private sale. See:
http://whatconsumer.co.uk/buying-a-car/ for more on second hand cars.
Catriona
The terms and conditions state that “The purchaser accepts that they have been given all oppertunities to inspect the vehicle to their complete satisfaction and have been given the oppertunity to have the vehicle inspected by a third party of their choice”. Will this affect my claim under the SOGA. We have also found out the air bags have been removed. The advert stated Drivers air bag and air conditioning both of which do not work. We bought it from a dealer.
Jonathan, Sale of Goods states that the seller won’t be liable for any faults which a pre-purchase inspection ought to have revealed. If these are faults which were obvious from a cursory examination of the car or a brief test drive then you probably won’t have much come-back. However if they could not have been noted from the opportunity you were given to inspect then you can claim poor quality (taking into account the recognition that it is second-hand). You could also claim elements of the car were not as described – as stated in the advert. This is another of your statutory rights. If the dealer is unwilling to deal with you, threaten to take the matter to the small claims court to recover the money you paid. Be advised however that the max you can claim through the county court will only be £5000.
I wrote back in March regarding our Samsung LCD television that stopped working after 20 months. We are still trying to claim back the cost of repair and are now in contact with the Retailer. They have asked for a diagnostic report from the repairer in order to consider the claim. We have now received this from the repairer who has said that the fault was ‘probably down to wear and tear’. Should this make any difference to the claim? Surely a television shouldn’t stop working after this amount of time even if it was in constant use (which it wasn’t)?!!
Nicola, Regardless of why the TV is breaking down, Sale of Goods makes reference to durability which gives you the right to expect items to last for a reasonable amount of time. Less than 2 years isn’t reasonable and you can rely on this. Give them 14 days to provide you with a repair or a replacement (at no expense to you) or you will recoup your costs via the small claims court.
You only have 12 months. Anything beyond that is up to the manufacturers discretion. The term may vary in other European countries.
Fair Wear and Tear is excluded from Sales of Goods. You cannot determine what is classed as Fair Wear and Tear as the manufacturer will do this in their specifications. Is it unreasonable for a TV not to last 3, 4 or even 5 years? Maybe, but electronics have a finite lifetime. It will be described clearly in the manufacturers guidelines on the amount of use the TV can have.
“Dont leave your TV on standby. It uses electricity and can effect the time it lasts”
I purchased a DS Lite for my father, he didn’t like it and gave it to my nephew. It went faulty, and on repair Sony told us “Fair Wear and Tear”. Upon investigation, the manufacturers manual stated that there was an expected life time in hours, something like 400 hours or so. After investigation, it was clear that my nephew was leaving the DS on even when not using it and leaving it plugged into the charging socket. Our rights to repair, replacement or partial refund at 14 months were not valid because of the way it had been used.
I have just bought an Apple Macbook from PC World and I have discovered it has a stuck pixel in the screen. This is a small, bright blue spot in the centre of the screen. Now, it is small but because it is in the centre of the screen it is very noticeable when I am watching films or typing on the laptop and it bothers me a lot. I paid £720 for this laptop and the reason I bought it was because I thought Apple was a quality company for making laptops. I am going to try and take it back to PC World on Sunday but I know they are going to give me a hard time about returning a laptop for one stuck pixel as many companies have a policy that they won’t accept returns of laptops for less than three stuck pixels. What I want to know is – does this stuck pixel count as a minor defect under the sales of goods Act? And if so, how can I enforce this right in PC World? I want them to give me a new Apple Macbook that has a perfect screen.
Steph,
This is a difficult one and a crap situation to be in, but because the spec of the product is that in the manufacturing process it is impossible to ensure no stuck pixels. Generally when you buy something with this type of screen the retailer will have a pixel policy available that mirrors that of the manufacturer on pixels, and the acceptability. So for example Amazon have a pixel policy and when you buy, you are been made aware of the issues in the manufacturing process and that your screen, tv, laptop etc could have dead pixels and because you are made aware of this you have no legal remedy. Your only option is to take it up with the manufacturer and state that it would definitely be the last product you purchase from them and see where it takes you!
Anything you are aware of when buying a product, such as you awareness of the pixel policy across the manufacturing process renders the sale of goods useless in a case like this. Anything you are aware of in the buying process will render the sale of goods useless.
Also remember that the sale of goods doesn’t define the quality of products and services, or attribute itself to different types of product. It merely states what your rights are at certain times when a product goes faulty.
Steph, just because companies interpret the law in their own way doesn’t mean it is correct. Therefore who is to say that less than 3 stuck pixels does not constitute unfitness for purpose? If it is hampering your use and enjoyment of the item, this is grounds enough. PC World only have to offer a repair in the first instance, not a brand new one. If they make it difficult for you ask to see them manager quoting S 48 Sale of Goods. if this yields nothing, threaten to take the matter to Trading Standards.
I have a ps3 (fat), it is over 4 yrs old, in June of 2008 it broke down( the disc drive) it was replaced free of charge with one of equal quality ie : size of hardrive and age but not my own ( which i assume was fixed and given to someone as a replacement ).Now it has broken down again only this time it won’t turn on.Further research has revealed that i am not the only one to suffer this fault called ylod( yellow light of death) when a soldering joint melts and dislodges the motherboard.
Sony wish to charge me £131.oo to fix this problem for, again a replacement model of equal type ( not my own fixed and sent back to me).
Surely because of the world wide failure of this type ,it’s a design fault and not of my making, and sony , like the first time should fix it free of charge or replace it free of charge.
many thanks,
joe.
Yes, the repair should be free of charge… but not from Sony, you need to take your console back to the shop where you bought it. Sale of Goods act relates to seller and consumer, not the manufacturer.
Hi,
The problem i have is that i have bought a fridge freezer from a reputable electronic store on the high street and now its broken down. The item in question was bought in sept 07 making it 2 1/2 years old. I call Beko and their responce was to put me straight through to an outside engineer who wants to charge a call out plus any parts which need fixing.
I was lead to believe that under the sale of goods act i have a contract between myself and the retailer where i bought the item, and they have a responsibility after selling the item up to 6 years. (info given to me by a kind lady at beko)
I would be very grateful regarding any help or advise that people could give. thanks dave
My mother recently brought a second hand car for a sales yard. after a week, and on the first drive at more than 40mph the head gasket blew, with potentially other damage as cause or result. She has contact the seller on many occasions requesting that he either repair the vehicle or provide a refund as it is not roadworthy.
The seller has stated that he did not offer a warranty and that he does not have to do anythng.
According the the RAC patrolman who attended the breakdown there would have been ample indications of warning that the problem was going to happen. the vehicle is also 30k miles under the point where it would have been expected to happen.
Please could you tell me if she can do anything and if so how?
Hello just thought i would tell you something.. This is twice now i’ve landed on your blog in the last 3 days looking for completely unrelated things. Spooky or what? If you wishto swap the links with us please let me know.
I bought a pair of earphones from HMV and I’m not happy with the audio quality. Am I entitled to a refund?
Yes. If the quality is substandard (for the price). I would (and have, successfully) ask for an exchange though, as you presumably want a better pair and they would be more amenable to this, especially if you exchange them for a slightly more pricey pair.
Hello,
I think you are right. I currently am facing the same problem. Under the sales of goods act 1979 and in your statutory rights a product must be durable. It depends on the product if you can claim a free refund, repair or replacement even if it is outside the warrenty period. For example, a dish washer is expect to last around 7 years. But if it breaks in 2 years after the warrenty is expired you are able to claim a free refund, repair or replacement. In England and Whales you can claim under this law for a product no more than 6 years old. But in Scotland it is 5 years. You will have to do a bit more research before you contact Sony about this.
Rehan
Hello,
Just over 13 months ago I purchased at TV at a well known electrical retailer. The TV developed a fault that has been verified by an independent repair man. As the cost of fixing the fault was more than the TV I was offered a voucher as a good will gesture, but the amount on the Voucher is less than half of what the TV cost, and the cost of the inspection, which I have been told by the independent TV repair man I am entitled to back was included in the price of the voucher. Also to buy an equivalent model would cost nearly £400. I feel that I have been ripped off by the retailer, do I have any legal right to insist on more of a refund?
Many Thanks
I purchased a broken kitchen appliance from a small company. I told them it was broken two days after recieving it. They say no refunds but they will exchange. I want a refund, what do you all think?
I purchased a LG LCD TV on 26th December 2008 from Curry’s for £597 I do have the receipt. The TV has now stopped working. I have contacted LG who were not interested in helping me as the TV is over a year old and outside the manufacturers warranty. I have contacted Currys who said they would get someone to contact me but I am not confident that they will help me. As the TV is only 14 months old do I have any rights as a consumer to a replacement set or a refund?
I purchased a CD from my local Tesco Yesterday for my boyfriend. I got the CD wrong and realised when I got home after returning from Tesco. Today, I went in to swap the CD for the right one (had a receipt as proof) but got rejected due to the CD not being in Selophane wrapping…When i purchased th CD, there was no selophane wrapping. I would understand if it had been sold in a wrapper and I had opened it, but it wasnt and I hadnt unwrapped it. Obviously, I have no proof of this, but I am returning the item in the way it was sold to me…What exactly would be my rights here?
No. CD’s do not need to be in a wrapper. If the CD is clearly undamaged, they should swap it just as they would any unwanted gift CD or DVD in January.
A store the size of Tesco must have its own wrapping machines anyway!
I purchased a 4.5 year old Renault Megane from a garage in Fife for £5795.00 approx 2 months ago. The vehicle is on hire purchase. After only a couple of weeks it was apparant that the vehicle was letting in water. Also the airback fault light keeps coming on. After taking the car back from the garage I was told that no fault had been found and the Airbag light was simply due to seat tentioners. They also told me they had unblocked my door seals as this is what was causing water to leak through the passenger door. 2 months after this it became apparant that water was still leaking through the door. A few nights ago My 33 week pregnant partner and myself ended up waiting for nearly 2 hours by the side of a farmers field for a recovery vehicle due to the cars engine mount giving way. This allowed the engine to drop into the Drive shaft causing sagnificant damage under the bonnet. I have taken the vehicle back to the dealer and stated that I want the vehicle replaced as the goods are clearly neither durable or fit for purpose. I feel the car is totally unsafe however the garage owner will only authorise repair and not replacement. I have contacted the finance company and told them that I am not willing to accept the goods back and I want replacement however they say there is a lengthy complaint process before a solution will be found. Meanwhile, the garage is repairing the vehicle even though I stated that this was not what I wanted. Am I being reasonable in asking for a replacement car? As far as I am aware, engine mount failure is not a common fault and I feel this kind of quality in a car with only 21,000 on the clock is totaly unacceptable.
Bought a Refurbished media player from Maplin. The system crash and it lost the software, hard disk etc still worked properly, so after contacting Maplin I returned it with an RMA for repair. They have since refunded my money, but I really would prefer them to repair the unit and return it as they effectively said they would. What is my position re insisting to receive a replacment? Thanks Roger
I wonder if anyone can help me please as I am extremely frustrated and do not know how to rectify this? I purchased a samsung nc10 netbook in dec 08 from qvc over the telephone for my 30 year old daughter, as a xmas pressie. she was very pleased with it and apart from some issues where she had to reinstall programs and restoring her computer..due to software clashes etc, freezing…she enjoys using it. however in march 10, the keyboard started giving issues. she could not used the letters surrounding and including the ‘f’ character button. she somehow managed to fix it back on but it is stuck in a down position, instead of normal. suffice to say, the key works. but yesterday she opened her laptop lid up and the semi colon button fell out into her hand, just like the previous time. she cannot put it back on and has contacted qvc who state that they can only deal with issues within a year from purchase. i asked them to see if they can help me with delaing with samsung but all they gave me was a helpline number to call. i have registered the product with samsung online and asked if they can sort the issue out (for the 1st ‘f’ button issue’. they did not. instead they suggested i call a repair shop in coventry for out of warranty repair. for some reason i thought it had a 2 yr warranty but it seems as though it is only 1. i cannot lie and do not wish to do so either. i have not been intouch with the repair shop in coventry as she somehow manages to use it, but with the other button completely off, i fear it may damage the computer. you can see the circuit board underneath also. she has expressed blindly that she has not been ‘picking’ at the keys or anything or that sort. she uses her products very wisely and even still has the same screen protector on it since day one. they’re are no scratches on it either so i am inclined to believe her, judging by her past electrical items. even her ipod from 05 hasn’t a single scratch on it! i would just like to know if there is anything that i can do about this to get it repaired. i do not think it is fair to charge for this as it seems like it may indeed be a manufacturing fault. in the past i have emailed them for software help with the samsung tocco phone and not even gotten a reply, so i am not holding my breath for a reply to tonight’s email. i also find it extremely hard to accept that a 15-16 month old laptop is having issues to key components like this. checking on the internet forums, it seems we are not the only ones either…
desperate to get this sorted asap…can someone pls help?!
I hope someone can advise me of my rights. In January 2010 I ordered & paid a deposit for a new car under the government scrapage scheme. When I went to collect it on 20th April 2010 the salesman told me they had found a problem with the paintwork which they didn’t notice when it was delivered to them. In his words ‘it has paintwork contamination which he has never seen before & hasn’t appeared on any other car that was delivered at the same time. On inspecting the car I saw the problem is on the off side rear bumper & tailgate. He told me they will send it to a paint shop where it will be rubbed down & re-sprayed,I said I would rather have a new bumper & tailgate but he said they would have to see what the warranty dept.said. In the meantime they have loaned me a courtesy car. I am worried this contamination may well suddenly appear on other parts of the car & the paint colour may not be an identical match.
I asked if I could have another car? he said as I had bought it under the scrapage scheme this wasn’t possible as the paperwork with the new registration number, VIN number & my scraped car details had been done but my scraped car is still in their compound so why can’t they re-do any necessary paperwork & what are my rights? I am now waiting for an update from the garage.
Hi,
I bought laptop from PCWorld on Mar 2 2010. At time of sale I was told one of the ports would allow me to connect directly to internal devices externally. Recentley took apart my old computer to try and save the files and found out this wasn’t possible.
This week whatever holds the ‘left click’ button broke on the inside. This happened under normal use, I used no extra force when pushing the button. The shop has offered to send the laptop for repair which will take 2 to 4 weeks. I have told them that I am studying for a degree in computing and to be without a computer for upto a month is out of the question and that I would, in the least require a replacement.
They have also offered to sell me a device which would allow me to connect to an internal hdd for half price. I have told them I should not expect to pay for extra items to be able to do what I had been informed the laptop was capable of.
I also looked at their website description on the laptop which claimed it had a firewire port. This is also not the case but now the description has been amended and I have no proof.
So far I have found PCWorld unaccomodating to say the least. The attitude I get is that they have sold the product and are now not interested. They say that I have to prove that the seller told me it would connect to internal devices.
I am claiming:
Not as described. The website description claimed firewire. I am now unable to transfer digicam footage to my laptop.(no proof)
Not fit for use. Unable to connect directly to internal devices.(verbally told by sales staff)
Not of satisfactory quality(safe and strong) There is no way the button should have broken for the use it had received.
PCWorld claim I have run out of time for any of this as it is over 28 days, that they have to prove manufacturer default within 6 months and me after, that I have 28 days to return not fit for purpose and that I need to prove their sales staff told me about the internal hdd connection. I have claimed that I am within 6 months for all of the above and that I am not really interested in their 28 days. That I shouldn’t have to check everything I am told the laptop could do straight away. That if a trained sales staff says it does something, I should expect it do be able to. That they should prove he never told me that. Am i supposed to record all my dealings with them? That they need to prove within 6 months that the fault is due to my use or abuse.
It was bought on 6 month free credit so have also initiated contact with the credit provider and asked them what their stance would be should PCWorld continue to be unhelpful. Initial contact seems they agree why I would suffer inconvinience being without a computer and have instructed me to contact their dealer relations team.
Am I justified taking this action or am I being unreasonable?
Update.
After arguing with DSG customer services, the threat of court action under the sales of goods act etc etc they have arranged a replacement and provided a free USB/Firewire express card.
Hi there,
I have a Fridge Freezer from BEKO. This is now no longer getting to a Cold enough temperature in the Freezer section only -5c not the Safe -18c it needs to be according to the manual so certain foods are not freezing. Upon speaking with a specialist, they say this is V common with the Beko make as its a cheap brand and its either the compressor or the Gasses have leaked out and it should be scrapped. This was over £350 and we can’t afford to just buy a new one. Even though the unit it about 2yr (maybe 2 – 2yr 6m) surely it should last for a lot longer? Would i take this up with Comet (where I brought it from) or Beko direct?
Do I stand a chance?
I would appreciate any help
Thanks
Chris Baldwin
I work for a refrigeration company and would expect a domestic appliance of this nature to last longer than yours has. Under SOGA, because the appliance is over 6 months old, the onus is on you to prove the unit does not conform to contract. But, if you’ve had an engineer out and he has confirmed this in writing, my advice would be to go back to the shop you bought it from and they should but the matter right, but do it quickly.
Hi,
plz can ne1 advice me if I am correct in doing what i am doing…
I purchased a lcd tv in june 2008 with the normal 12mth warrenty, it started to appear with vertical lines on the screen when i switched it on a few months ago.I got inotuch with the retailer which has gone in admin, they said “no can do!!” Neway coz I had paid with credit card i sent a letter into the creditcard company. Got a rply from them advising me to contact the administration people who are dealing with the company, and wait for a rply from them, before they can look into it further. I have done so today. Just wanted to know what chances do I have in getting a replacment or refund.
I purchased an Apple Mac laptop charger from a shop in London. I signed the receipt which had small print saying that chargers are only covered under their warranty for 28 days. 4 mobths later the charger has stopped working (I have not subjected it to anything that could damage it) thus it must be faulty.
I took it back to the shop and the manager was not helpful and told me to go away as it was not covered by warranty as it was after 28 days. I then explained the Sales of Goods Act to him and that it over rides his (unfair) contract terms and he told me to go away. I believe that I can legally obtain a refund for this, am I correct? If so I shall send him a legally worded letter. Anyone who can offer any advice I would be very grateful for this. Chrissy
Hi,
i wonder if anyone can help me,
we purchased a Renault espace 18 months ago from motorpoint, (originally on finance, now paid off)it cost us £9,000 and had 21,000 on the clock
the car ran smoothly for 8 months and then the turbo blew, the warranty refused to cover because they said it was wear and tear, it cost us £1,400 to get a refurbished one, then in Jany=uary this year while driving down the M6 (40 weeks pregnant !) the gearbox exploded and it cost us £3000 to fix, we got it back and after 1 trip out the engine started to rattle and packed in again,
we are out of money to fix it, motorpoint, Renault and the Consumer direct say the finance are liable, but they are refusing to fix it!
the car has been sat around for 3 months and does not run, we have had more than enough upset and need a reliable car with 4 children, were not sure if it has been clocked and need to know how to get soeone to take responsabilit for it, can you help ??
Thanks
Hi, You may reject goods [in writing, recorded post] to the Finance company if the dealer arranged hire-purchase [goods under Hire-purchase must conform to supply of goods act 1973implied terms as amended] if faulty & providing they have not been used for long,the time limit is very short for rejection unless you had taken the goods back to the dealer many times for repeated repairs to same fault.Other wise you are abe to ask for repairs/replacement do not be fobbed of by the finance companies they often tell you to go back to the dealer.
The finance are supply you with the goods not the dealer. if you reject goods within the first six months due to faults the onus is on the finance/dealer to prove the goods conformed when you took delievey after this time you will have to prove the fault was present when you aquired the goods.hope this helps, good luck
you are still covered under the sale of goods act for a short while after finishing your HP PAYMENTS – so seek advice from CAB
Hi there – Was wondering what my rights are in this instance…….I recently bought a 3 piece leather suite. My partner and I spent a good hour and a half looking through the showroom and trying out all their models just to get the right look and comfort to suit us. We picked a sofa and when it was delivered it was noticably different leather material that had been used on different parts of the sofa. they sent out one of their people and he said that this occurs as not all the leather can be the same. Now I wouldn’t mind but this is not a ’slight’ difference it is a ‘massive difference’. You can clearly see that the leather is different from a mile off, it looks just wrong. We were not told by the seller that this would be the case. Also the leather is not to the same standard that we saw when we picked the same sofa in the showroom, I asked will it look exactly the same? and I was told ‘yes’. To me and my partner it looks as if there has been a cheaper leather used when we were shown the different grades of leather and picked a specific one, it is simply not the same and I am very unhappy with it. It cost us £800 pounds and I am not happy about paying this amount of money for something I am unhappy with. Can anyone tell me if I can get a refund or at least an exchange? I was told that there is not a ‘fault’ with the sofa. Since this I have also noticed that one of the arm rests is not as stuffed and full as the other one is and it is clear when you touch it. Is there anything I can do? Many thanks
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You need to look at the sale of goods act 1979, Section 14 2B. It clearly states:
(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.
In my book mismatched leather has a big impact on appearance and finish.
Hi,
I purchased a Tamron lens for the Canon 350D last February (2009), from Melbourne, Australia. In May this year, the lens stopped working (the zoom function has broken and the automatic focus isn’t focussing), whilst visiting Melbourne again. I asked in the shop where it was purchased and there wasn’t time for them to arrange a repair before we returned home, although their estimate was it would be simple to fix. They suggested I contacted Tamron UK.
Tamron UK have stated that the lens is out of warranty in the UK as it was purchased over 12 months ago, and that I need to post it to them for assessment (I don’t imagine this will be cheap as its fairly heavy) and pay for repair. Ordinarily I would argue that under the SOG act 15 months is not long for a lens to last, particularly as its only been used a handful of times. However, I am dealing with the manufacturer here, rather than the store where it was bought.
Please could someone advise me on the best course of action?
Many thanks.
Hi
My Xbox 360, purchased December 26 2008 has just stopped working, and the fault isn’t covered by the extended warranty Microsoft are offering for the RROD or E74 error message. I fully intend to take it back to the high street retailer from whom I purchased it, but if they refuse to replace, how do I begin the process of taking them to the small claims court.
we bought a double pram less than six months ago .a three wheel model . when crossing a busy road with the two children the front wheel broke.brought it back to the shop and they refused to refund our money. they offered a repair but we have lost faith in the safty of this model.can wedemand a refund on the grounds of not fit for purpose
Hi Helen
Technically, the shop can insist on attempting to repair your pram in the first instance, as long as they do this within a reasonable time and at their own cost. If you feel they are taking too long, or that they are messing you about, insist on a refund or replacement.
Remember, as your prem was less than 6 months old it is for the shop to prove that your pram is not faulty.
Hi, I bought an iphone 3GS on 18th December 2009. I bought it on a pay as you go basis for £440. It has had minor niggles, namely shutting itself down, since a couple of months after I bought it. Yesterday, it shut itself down and refused to power up again. I’ve been to the O2 shop where I bought it, and they refused to refund my money (I have been late for work due to my alarm not going off twice, and have needed to use it in an emergency when it has switched off…have lost confidence and become fed up with it!) Their T & C say that they only repair/replace after 28 days. If they repair, they’ll send it to Apple to do it. If they replace, they will only replace with a REFURBISHED model. Surely for a consumer who has lovingly looked after their iPhone for 6 months, I should not be fobbed off with a repair (which won’t work as it’s a hardwear problem) or a refurbished (someone’s secondhand) phone? Is there anything I can do, or do I have to give in to O2? Thanks
hi guys,
excellent site with advice so im hoping to get a bit more advice on my rights before i approach the company in question.
i bought a ps3 in january 2008 and recently the laser has just gone meaning i cannot play games. to get this fixed its £90, or do it myself for £40 (risky). what i want to know is whether i have a case to take it back to Bennetts and say they should pay for the repair under the SOGA?
Any advice on this would be appreciated as im skint and i need to find a quick, cheap solution to this!
thanks
stuart
Hi, I’m about to purchase a very expensive piece of machinery in the UK. It is worth about £150′000 (still being negotiated) and they’re saying it only comes with a 1 year warranty/guarantee (I’m not sure what the difference is).
I’ve heard several times that all electronic items sold in England must come with a 2 year manufacturers warranty by law. Can you please tell me if there is any truth to this and, if so, where I can find an official site stating this? I do not expect to pay that much for a machine to potentially break and not be covered after just 12 months.
Are there any other laws I must be aware of?
The machine is being purchased in England but shipped to South Africa. Does this change the terms at all?
Thanks!
Sorry, I also forgot to mention that I’ve read that some goods purchased must be repaired or replaced at cost to manufacturer within 6 years of purchase. Can anyone elaborate and show me where I can find legal evidence of this please? I’m new to the business world and it’s a little overwhelming!
Hi,
I purchased a Compaq notebook 14 months ago and within 4 weeks of purchase it developed a keyboard fault they repaired that fault and sent it back to me with another keyboard fault at the time I asked for a refund as the quality of the product was poor but they said needs to be repaired 6 times before a refund would be given. The notebooks motherboard has now completely failed which has been confirmed by an independent engineer. I have requested Compaq to replace or repair the product but they are saying its 2 months out of warranty it’s up to me to get it repaired at my own cost. They don’t seem bothered that their product only lasted 14 months!! I have informed them that they have backed me in a corner and left me with no option put to take them to a small claims court as I purchased direct from them and again they don’t seem bothered it’s a bit like the little Britain sketch the computer says NO! So would my case stand up and is the success rate high in faulty goods claims?
Hello,
I’ve just gotten a contract with an iphone today at phones 4 u with vodaphone and i wanted to switch my network. Vodafone said i can cancel the contract within 7 days but phones 4 u has no cooling off period apparently. I am frustrated because i had no idea that vodafones signal is not good and when I called vodafone they said that the signal in my area should be good but it’s not. it seems as though no one wants to help me and I find it strange that phones 4 u does not have a cooling off period. I simply want to change my network i dont want to cancel the contract that I have with phones 4 u. Can someone please help me? I will greatly appreciate it!
After some enquiries about which mobile phone network would be best for Cornwall, a shop recommended Orange or 3. Unfortunately neither worked in my isolated village. The shop kindly took back the phone and cancelled my contract with Orange. A year later I discover 30 pounds line rental is leaving my account each month for line rental to 3. Not only did I not sign a contract for line rental to 3 but have also never recieved a bill from them. The mobile phone shop deny liability despite instructing 3 to remove 30 pounds from my account each month. The mobile phone shop also say I am locked into a 2 year contract with 3. Coincidently my first bill arrived from 3 yesterday in the post. I am basically paying for something that doesn’t exist or have ever agreed to. Help me please.
I bought an electrical item online, I received an initial confirmation of the purchase, a couple of days later I received a delivery notice with the transaction complete (money transferred etc) I have now received an email telling me that they now cannot deliver the item, as the original price is wrong and the actual price is much higher. Should I insist that the item is delivered?
Tim – yes, you certainly can. When they accepted your payment they accepted the contract terms. You have a binding contract with the firm and they are now in breach of contract.
Hi Tim
You are perfectly entitled to receive the product you have paid for, they have taken your money so they cannot now re-negotiate the price. Under contract law, you have offer and acceptance. They have offered to sell you the product and you have accepted this offer by paying for the product.
Write to them and insist that they deliver your item, give them a reasonable length of time to do this, say a week. Tell them you will make a claim in the small claims court if they refuse.
Hi im thinking of buying a laptop within the next week from either PCWorld,Commet,Tesco’s or asda ect depending on the after care/returns policys (still reading reviews).
So basicaly I’m asking is recording (with permission
) conversations with staff and customer support a good way to cover yourself against being fobbed of with unvalid store policys should you feel the need to take things further ie: court?
Hi,
I don’t know if this thread is useful to you now, but it maybe in the long term for others. I always go with the manufacturer that has the best repair service. Lets be honest no matter how much kicking and screaming, shouting at the retailer about rights in the sale of goods etc they all act in a similar way when a product goes faulty. Each situation will be different, about what a retailer is required to do when a product goes faulty and they will consider, things like fair wear and tear, damage, proper use, time of fault occurring etc.
Now I purchased an Acer laptop from “retailer” in November 2006, in Oct 2007, the hard drive went. The laptop just blue screened, and the drive made a noise. Now I knew straight away what was needed to fix the issue.
I knew immediately I had a few options.
1) Buy and install a new drive myself (but I thought why should I)
2) Contact comet and have them tell me to contact the manufacturer
3) Contact the manufacturer directly myself
I went with option 2 as I was pretty sure I hadn’t damaged the device, the drive shouldn’t be suffering from wear and tear after 11 months as Western Digital Drive should last 1000’s of hours (about 10,000 hours). So i knew I had a case. The device did not have an inherent fault (i.e. at the time it was supplied), but under the Sale of Goods Act its not really durable as a reasonable person would expect (11 months for £800 laptop is not reasonable in anyones world).
So i called the retailer and they stated that I should contact Acer (which I expected them to do), but I stated that I wanted them to do it as they were responsible as the retailer. I got the usual 28 Day exchange, 6 month faulty rule etc by their front line agent on the phone etc. So I asked to speak to a supervisor with legal knowledge of the Sale of Goods. Supervisor came on and explained things very clearly:
1) She said with Acer it is really easy for repair, they will pickup from your address and deliver back, usually all in the same week.
2) She said that as a retailer they were responsible and accepted that and they would organise for it to be picked up, delivered to Acer and returned to me (I actually demanded a loan too, but what they said below made me think twice).
Then came the part that churned me up a little. She stated that under the Sale of Goods they are not liable to do all this if: The product upon inspection by the repairer has been “damaged” and that photo evidence will be taken. That if the drive has failed for wear and tear then they are not responsible. So i calculated the maximum hours my hard drive was in use for, and it was about 8,000 hours, from an expected 10,000 – 15,000 hours life expectancy. The manufacturer also stated that it depends on the workload of the drive and how much is written and read from the drive and the load its under. i.e. a drive on a pc that sits idle most of the time would expect to last longer than one constantly working (reading and writing data). Mine is constantly under heavy load (arghhh)
She stated that she was happy to send for the laptop and ship it for me, but if any of the above applied then, I would be charged for delivery, possibly repair and loan of a laptop. She said the manufacturer repair report would tell us more, but by then they would have me in a position to charge for shipment to and from the manufacturer (all done via courier) and laptop loan if they finally authorised that. I think at this point she knew I wasn’t going to go with this as I started to panic, wondering if I had damaged the drive for the few times i recalled I had clunked it down a little hard while the drive was in operation (yes this can mess a drive up, and an engineer can detect it by the drive platters being damaged).
So I changed my mind and went with option 3 in the end, after speaking with the Acer Engineers, within 5 minutes he had organised for a free pickup, a courier came to pickup the next day, and in 5 days I had the laptop back, along with the report, dum dum dum. It had revealed that the drive had worn out and that the one of the magnetic heads had hit one of the platters, could see the damage. The magnetic heads float above the platter on a cushion of air. So if you say clunk the hard disk down on the desk while its on and it causes the head to hit the platter then it could cause the drive to sort of self destruct. In my case this was true. It made me think wow, really make sure when the pc is on not to move it or drop it down too hard on a desk etc. It made me think was I a bit heavy handed.
Acer repaired it free of charge for me though anyway. Way to go Acer!! and I had it back within 5 days. I thought that in itself was pretty amazing. If the retailer had got that repair report (that i took responsibility for) I reckon I would have been liable to pay for all delivery, and probably about £40 for the drive and £30 to fit the drive. Could have ended up costing me a few quid.
The moral of the story here is, I was in a position where I felt a little hard done by, by the retailer, but it showed me that they were just flexing their rights of what the SOG stated to protect them. The supervisor stated that they aren’t responsible for repairs under “fair wear and tear”, or “damage/misuse” which is right. So me using them to have my laptop repaired isn’t fair on them, although I was annoyed i saw sense.
Choose a manufacturer that has a good repair service if as in my situation you need to or decide to use them or inline with your legal rights its your only option. Acer for me were top notch, and they could have charged me too.
Refund/Return
I looked at a chair set in Euro Design and decided to get. The chair set was just delivered . The problem is the larger chair in the set cant fit through my door. Which broth me to the conclusion that the chair size (might) be different from the set I viewed in the store. I am wondering if there is any chance of me getting a refund
Paul
If you have a faulty item within 6 months of purchase it is generally accepted that the goods were faulty when you bought them. After 6 months upto 6 years the SELLER can repair them free of charge but its up to you to prove they are faulty and that you have not damaged it.
I would expect a laptop to last at 3 – 4 years as would any reasonable person.
Therefore under the sale of goods act you should approach the SELLER and exercise your right. Their warranty is an extra and does not affect your statutory right.
I would tell them if you do not get a reply in 7 days you will file your claim in a small claims court. It will cost you £100 which is probably cheaper than the repair. Speak to Consumer direct they will advise you how to do it and make sure you tick the correct boxes.
This may be enough for them to repair it.
Good luck.
hi all i need help i bought a fridge frezzer 2 years ago and the item is now showing craks in the doors and inside back which is geting worse can i do anything about this i have been told that i can get somethig done under the goods of sale act 1979 i was told if it is over 100gbp it is covered for 5 years is this true can some one please help do i contact the shop ???? help
and thanks for your time
az
Refund/Return without packaging
I purchased a Garden Furniture set comprising of a large glass/metal table, 6 chairs and a parasol less in late April. Within 1 month the Parasol broke and it took a lot of effort for the retailer to replace it. Now less than 3 months since i purchased it parts of the metal chairs are starting to rust. The product on the website was described as Rust Resistant.
I had again had to do a lot of correspondence with the retailer to refund me. I am now being told that the onus is on me to pack the goods up for collection. I explained to the retailer than this was against the Sale of Goods ACT but i was told that i should have retained all the packaging. In fact the customer services advisor told me that he has packaging in his loft for 7 years.
This is surely silly, the table alone is 6 foot across and then there are 6 chairs and a parasol. I have asked the retailer to send me the packaging instead but dont hold much hope.
What is my statutory right in this matter?
I have had several problems with my renault megane since i bought it 2 years ago from charles hurst its been in the garage ever 4-6 months since i purchased it – most recently for the 4th time the back window on the driver side is stuck up and needs replaced – the last time this was replaced was 3 months ago, my car has been out of warranty for approx a year but they assured me that the window because it was a new part had another year on it in April 2010! However today they are trying to get me to pay 25% of the cost as their policy has changed – surely a part should last longer than 3 months and as this has been a recurring problem since 6 months after i bought the car they should be covering the cost???
I booked airline ticket through travel agency and I went to the airpot I find out that my name is not there.So,when I phoned the trvel agency they told me sorry please can you you go tomorrow but I phoned the airlines today they told me there is no seat and there is noone booked at my name.Though i BOOKED MY TICKET 2 MONTHS AGO AND THEY TOOK MY MONEY FROM MY BANK LIKE 1month they told me to wait and also lied that they had siad me the ticke via post but actually when I went to the airpot I found out that the travel agency had just booked the ticket just day before departure and airlines workers told me it is pretty unlikely to get seat if you book so laye.So,can you please help me
Hi
I would like some legal advice please. My Fiance works i a second hand shop. A lady bought a second hand fridge Freezer this year. The shop has a 1 month warranty. This lady’s friend phoned the shop up over 1 month and said that it wasn’t working, than all her food was spoilt, and she wanted a full refund and £10 for the food!
It was past the warranty. The shop offered a replacement fridge freezer in exchange and but the person with the faulty fridge turned this down, demanded a refund because apparently the son of that lady already bought her a new one and got rid of the faulty one.
My fiance said they would of like to of looked at this fridge, but the shop wasn’t given any opportunity to rectify the problem. Repair, or replace.
This lady is demanding a full refund plus the food, and is seeking legal action and saying she will get this shop closed down, and making threats.
I think this lady is bang out of order for not contacting the shop sooner, and asking for assistance and giving the shop an option to examine the fridge. Instead it’s disappeared.
Please help.
Thanks
Claire
If the buyer no longer has the fridge they have no claim to anything. Furthermore, new or used contents of the fridge are outside of any warranty. Advise your customer they have no rights as they have disposed of the faulty item.
All you could know is that they may have sold it and trying it on.
Hi Can anyone help. I recently went to retrieve some items of furniture that were in storage only to find that the company cannot locate them. This has now had to go through their insurance company who say they do not have a new for old policy and therefore the offer they have made me isn’t enough to replace the items. Does anyone know if I accept the offer from the insurance company, if I can then sue the storage company for what I feel should be the difference??
please can you advise on my problem i perchased sofa and chair from large outlet i have had the items for 7 months the large soft arm cushions have frayed at seams and inside padding disslodged lumpy which makes for an untidy and unsightly furniture contacted the retailer who has informed manufacturer to come and repair the item but i dont want this as 7 months down the line the same problem will no dout occur what are my rights do have proof of purchase via receipt thank you
The manufacturer is only obliged to repair the item or replace it with the same if they can not repair. Change of mind on the first fault 7 months down the line will not grant you any further rights