What are my Statutory Rights?
You often see signs in shops at the counter which say ‘this does not affect your statutory rights’. But what does this mean? What we are talking about here are the legal obligations of retailers and suppliers to protect consumers from fraud, poor quality, misrepresentation or economic loss. The sale of goods is subject to the inclusion of these statutory rights (or terms), whether or not a written contract exists and whether or not they are specifically mentioned at any stage. Any attempt to mislead you or deny you of them is illegal!
The seller has the right to sell
So what precisely are your statutory rights when you make a purchase? Firstly, you should expect the seller to have the right to sell the item and to be able to transfer full ownership to you. Seems an obvious point really. A second hand car dealer who sells you a stolen car does not have the right to sell that car and you would not take ownership of it, even though you have handed over the money. If the item is not owned by the seller, or the seller has not been given permission to sell the item, the contract is immediately invalidated – and you will own nothing.
It is what you expected?
Secondly, if you have bought something on the basis of the seller’s description or a sample, you should expect the item to conform exactly to that description or sample. If it does not, you have the right to reject the goods, demand a full refund and possibly claim damages. This is still the case even where you have selected or examined the items for yourself before buying them.
Satisfactory quality
And finally, the most commonly cited and hotly contested of all, that of satisfactory quality. There is so much to say about this, it deserves its own section:
- How do you measure quality?
- It’s not fit for purpose
- How long should it last?
- Is the guarantee worth the paper it’s written on?
- I bought it from a bloke down the pub
- Rights when knowingly buying damaged goods
Common Complaints
- They say I’ve taken ownership so it’s my responsibility
- Do shops have to give me my money back?
- The shop doesn’t want to know, they say it is the manufacturer’s responsibility.
- It’s second hand – do I have any rights?
And if your statutory rights are breached…?
Related posts:
I bought a washing machine from Kays catalogue that’s still under guarantee and it has broken down. I have waited for a whole month and it has still not been repaired. Now I have asked for a refund or replacement because of the time span and have been told that Kays are allowed to have an engineer sent 3 times before they will do anything about it. Any clues anyone as this is driving ,me nuts! Thanks.
bought printer and also its corresponding paper/cartridge set, from well know store, it was excluded from their 30 day money back policy, but i found that it did not print good pictures, i tried helpline and troubleshooting tips in manual, can i use my statutory rights under not fit for purpose and get money back on printer and paper/cartridges, about £100 in total and cant afford to lose that.
it was just a couple of days ago and i can show them the pictures to prove not good quality.
thanks
Kelly – what is considered reasonable is open to interpretation, the 3 times thing is their interpretation, but would appear to be totally unreaonable. You shouldn’t have to wait a month, particularly for something as vital as a washing machine and you are quite within your rights to ask for a replacement or a refund. Your next step would be to write to thtem making ‘time of the essence’ and demanding that they fix it to your satisfaction within 7 days, otherwise you will ask for a replacement / partial refund. threaten that if this doesn’t happen you will simply buy a new one and claim the cost back from them via a small claims procedure. The guarantee is irrelevant and you are invoking your rights under the Sale of Goods Act.
Bel – if it was just a couple of days ago you haven’t really taken ownership of it and are in a good position to return it. You must give them the opportunity to see the problem for themselves so they can fix the problem before you demand a replacement or a refund. If the printer is for printing photos and performs badly, you need to be sure it was sold as a photo printer and not just for documents. It may simply be on the wrong setting?
R Mason, you have been misadvised, if it is faulty they must offer to fix it in the first instance. If this does not work you can then be offered an exchange or a refund. Ring back and ask to speak to someone else, they normally have a good returns policy.
For my sisters birthday present, we sent my younger sister out to buy the gift. We settled on getting her some perfume, with a brand and type in mind. My sister went to the shop, asked them if they had the exact perfume in. The lady confirmed that they indeed did and popped in a bag for her. It turns out that the perfume was the right brand but the wrong kind. My sister went back to the store who went on to claim they didn’t stock the exact product that we wanted and refused her a refund. It was/is still sealed and in the same condition as when purchased, is there anything we can do?
Simon, once you have bought something from a shop you have entered into a legally binding agreement and the shop is under no obligation to refund you unless the product is faulty. The shop will say your sister had the opportunity to examine the goods before deciding to buy so the mistake was hers. The best you could expect would be a credit note but this would be at the discretion of the store.
We hired 5 wedding suits for our wedding from Jonathan Hawkes in Exeter.
The 2 ushers suits were ridiculously small ( 3 inches in sleeve length ) I complained but all they have done is send me a £50 voucher saying I should have got them to try them on before the day.
We were all measured so they just got it wrong. What can I do, if anything?
David, The suits were not of poor quality and were not unfit for purpose, simply too small. If it was the shop who measured you, then I would support your claim, that they got it wrong. If you simply gave them your measurements it should have been your responsibility to examine the goods beforehand (i.e try them on). If the shop encouraged you to do this, then you are unlikely to have any comeback.
Malcolm, I’m afraid not. shops are entitled to do this. As long as they didn’t mislead you at the time of purchase.
Hello. Two weeks ago we bought 12 boxes of tiles from Wickes. We paid at the time but as they were not in stock we were told to come back in a week’s time when they would have been delivered. We went back only to be told that none had come with the delivery indicating that there might not be any left in the depot. At no point when we bought them was this mentioned. We have bought floor tiles to match the tiles we were expecting so are Wickes obliged to provide a similar tile at the same price? To what lengths do they have to go to find the tiles we want from their other stores? Thanks
Hi
I bought a top from a company and when I recv. it I thought it looked good but smelled a little so I washed it but when it came out the wash (as per label) it is bagged and not wearable, am I entittled to get my money back.
Regards
Cheryl, as long as you washed it as per the washing instructions, you should have a good claim to get a refund.
Hi
I work for a hotel and country club, and we have just gone into administration. I work in the gym memebership sales department and have received a negative response from prospects, who are wary to commit to a contract when we are under administration. I have been told to say that ‘business is as usual and that it does not affect their statutory rights’.
If a prospect does join and parts with 12 months membership up-front, and we do happen to close-down, will they be entitled to a refund?
Kind rgds
I bought a digital camera from argos extra i wasnt told that the camera was exempt from the 30 day guarantee and looking again at the receipt,after trying the camera,i discovered this. But i am unhappy with the camera and would like my money back as i feel it is not what i thought it was when i read the description. Is there anything you can advise me on doing thanks.
Tom, I’m afraid your question is beyond the sphere of consumer law, but from what I know about this kind of situation, there isn’t an automatic right of refund unless the balance was paid on credit card (card providers equal liability). Otherwise, customers will simply be added to the list of creditors, and may or may not see their money again. Am I right in thinking you have a 12 month minimum term? If so I guess this is not helping secure any new customers.
Sarah Jane, a friend of mine had exactly the same response from Argos over the same kind of product only yesterday. It is misleading of them to tell you this, because of your statutory right to receive something which is as described and fit for purpose. You need to be clear in telling them you are not returning it because you have changed your mind, but because it is not as described and you are rejecting it. In this case they must give you a full refund.
I bought a Three Mobile boradband contract on 3rd of Dec 2008 (18months contract), but signal is really bad at my place when i phone them to terminate the contract on 9th Dec(before 14 days)they said i can not disconnect it as i have used it for consecutive days.
“3 USB Modems – If you’re a new Mobile Broadband customer and for some reason you change your mind, you can return your 3 USB Modem within three days of purchase. If you purchased it via telesales or online, you can return your 3 USB Modem within 14 days of receipt provided you have not used it for more than three consecutive days. You’ll also have to return the original boxed accessories and documentation ‘as new’.”
I ordered a new leather sofa 16 weeks ago which is still not delivered to me. The shop has reduced the price by £700 and i have still not received the goods, am I entitled to this reduction in price even though i signed a contract at the higher price??? Thanks for any help you can offer me.
Kimberly, was time-frame specified in the contract? I assume not, in which case we would assume reasonable time for performance. I would argue 16 weeks is becoming unreasonable, and they have probably offered the reduction as a goodwill gesture in recognition of this. In response I would make ‘time of the essence’ by specifying a date by which you would want the sofa to be delivered. You can also get a contract amendment reflecting the lower price.
Rajeevan, the cooling off period allows you to examine and try out a new product before taking possession of it. This is particularly pertinent with mobile phones for exactly the problem of poor reception you have mentioned. You could probably challenge 3′d policy of 3 consecutive days, if you didn’t have the proper opportunity of assessing whether the reception would improve. You should however be prepared to pay for any use you have had of the phone,. but you do not need to return packaging ‘as new’. See: http://whatconsumer.co.uk/returns-and-refunds/
i bought a fancy dress costume yesterday, wolverine to be exact, and wore it for a house party last night. i wore it for perhaps four hours, all inside the house apart from when i took a 10 minute walk home.
it’s now got a few of the seams coming apart into quite large holes. it wasn’t a mad party, so it can’t have been ripped by myself or someone else, and i feel like a mug for parting so much cash for it.
the lady in the shop was quite adamant in the shop that they don’t accept refunds, and i’m scared that if i go down and say it’s faulty they’ll just say i did it. even if i explain my statutory rights and explain it’s poor quality and should have lasted longer, i expect them to just say ‘touch luck’.
is there anything you can do to strengthen your case? such as an organisation that can help fight your case?
I bought a creative zen vision m from Argos on 24/12/07 and the sticker containing the serial number has just come off to reveal an ‘R’ stamped on the product. I have discovered that I was sold a refurbished unit. This was not clear in the description and was at the full price for a brand new product. Do I have any rights bearing in mind the unit is 4 days away from being a year from purchase?
Hi, I ordered £30 of furniture from the pier in october, they have since gone into administration but we were told they would deliver our order (which had not previously been in stock) on the coming tuesday. I have since recieved an email to say our order has been cancelled due to no stock and ‘you will not be charged for this item’. However, on the same day £325.90 was deducted from my bank account by them, I was under the impression the order was cancelled but cannot get through to them on the phone, I’ve left two messages and sent two emails to find out the situation with no reply.
What are my rights and can I get my money back? Thanks for reading.
Ash, under the Sale of Goods Act you have the right to a refund if the item is faulty. The legislation also states that an item should be durable, and for this to happen after one wear is clearly unsatisfactory, irrespective of whether it has been worn or not. However, you must allow the shop to repair it or replace it before you can ask for a refund.
Lucy, new regs have recently come into force for products which have been misdescribed, see:
http://whatconsumer.co.uk/misleading-commercial-practices-unfair-trading-regulations-2008/
Although they may not have applied to you when you bought the item. Additionally, I would argue that after nearly a year, you have accepted the item, and so may not be able to reject it. It’s still worth a try though, and if you can find the original invoice or advertising literature, you may be able to argue that the product was not as described.
Heather, you may find that this debit will simply be reversed if they have told you that you will not be charged. It may take a few days. If not, I’m afraid there is no automatic right of refund against companies which go into administration, unless you paid the amount of money on credit card or Visa debit (chargeback). If you didn’t, you may be added to the list of creditors and get some of your money back, but the chances are slim.
Hi,
I placed an order to purchase a new laptop (from Laptops Direct) well over a month ago. The item was out of stock for about a month and every time i enquired as to when they will receive it, i was given dates of delivery, which they of course failed to meet. After this long i decided to cancel my order and purchase one else where. Laptops Direct had taken the money out of my account on the day of placing the order, but have not yet received the refund after cancelling it on the 22nd December. (it is now 4th Jan 2009). I keep calling them to chase this case up, but they are insisting that the money has been refunded into my account; i have double checked with my bank and this is not the case. Do i have any rights? What can i do to get my money back? Your help would be much appreciated.
Avinah, under the distance selling regs your order must be delivered within 30 days, unless otherwise specified. You have the right to cancel your order if they fail to meet the dates specified, and your money must be returned to you within 30 days. If you paid on credit card you can get the money back through them (equal liability – see: http://whatconsumer.co.uk/consumer-credit-act-1974/
Initially however you should write to them giving them a date by which you should have the money back, otherwise you will start proceedings through a small claims court. See: http://whatconsumer.co.uk/making-a-small-claim/
I purchased a necklace for my wife from The WonderStore (a Tiffany store) within Selfridges. Unfortunately my wife doesn’t like the necklace. I purchased it on December 19th. I live in Somerset and rarely go to London. Having called Selfridges they say they won’t give me a refund but will allow me exchange it. Is this legal?
Tom, I’m afraid it is. Legally, they don’t even have to give you an exchange. See:
http://whatconsumer.co.uk/do-shops-have-to-give-me-my-money-back/
hi,
i bought a sofa in nov 2007(it was delivered feb 08),from the outset i had problems with it as it would not keep its shape – as though the padding inside was flattening with very little use this meant that the leather covering was very baggy. i complained to the store, they assessed the sofa, agreed it needed repaired and finally got around to doing this for me in january. i have had the sofa back for 3 weeks now and it looks as though the same is happening again. i would like to return the sofa and get a full refund-is this possible?
i took 3 yrs interest free finance on the sofa through the store and have since paid over £1200 in the 12months – will i be able to get this money back either from the store or from the finance company?
thanks for your help
Jilly, Please refer to:
http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/
for more on this. The law states you must give the supplier the opportunity to put right the fault and if this canot be done, you can request an exchange or a refund (in that order). The supplier may not give you all of your money back to account for the use you have had from the sofa. However you could argue that you have not had any satisfactory use from it and request all of your money back. Your contract is with the store, so they would authorise the refund, not the finance company.
I purchased a dress less than a week ago and have only worn it once. I had been wearing for a short amount of time when I noticed there was a small hole at the front of the dress, within 6 hours of wearing it, the only two buttons had fallen off too. I decided to take the item back but before had (as I had worn it) wash it first. When I returned the item, wanting to exchange it for one of better quality I was firstly told I couldn’t bring it back because I “had washed it” and secondly the hole was down to “general wear and tear” and I should have “inspected the item thoroughly before purchasing”. I feel ripped off. Am I entitled to exchange the item?
Mavis, The job has not been done correctly, although you need to give them the opportunity to put the matter right. You have done this and they have failed for a second time. You would be within your rights to claim loss of faith in their ability and ask for a refund.
Kate, If the item is of poor quality and had a hole in it you are entitled to return it claiming a breach of your statutory rights. Having washed it, or not inspecting it before purchase are irrelevant. You are entitled to a repair, a replacement and then a refund, in that order. Go back quoting Sale of Goods Act and ask for the manager if necessary. See:
http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/
For more on this.
Hi
I bought two dresses from ladyluckrulesok.com. I received them on Monday and unfortunately they are too small. I tried contacting the company about returning them, but they said I could not get a refund as they were sale items. Do I have any rights in order to get my money back. Thanks for you help.
Emma
I purchased a Hitachi angle grinder from a reputable country store in August 2008. This item is used infrequently (2/3 times a week) and is stored within a dry workshop on a farm.
However, approx 3 weeks ago whilst in use, it stopped. At first I thought it may be a fuse but this was not the case.
I have contacted the seller who has told me to return the item which he must send back to his suppliers before he can decide whether to offer a refund or a replacement. Is this right? I was under the impression that I bought this item from the store and not from his supplier so he should repair or replace the item.
This grinder has not been used very often in the 6 months we have had it and had not been misused either. Please help.
Emma, I’m afraid you do not have the automatic right to get your money back. This is only a good-will gesture. You should be able to get an exchange or a credit note though. See:
http://whatconsumer.co.uk/do-shops-have-to-give-me-my-money-back/
Martin, you are correct, it is the retailer’s responsbility to carry out a repair, but this usually involves sending it off to a third party to assess it or carry out the repair. This is fine as long as it is done within reasonable time, without additional expense to you adn without significant inconvenience
i purchased a book from an online dvd company using a £20 gift voucher I was given, which i have never received. i contacted the site to ask for a different item to replace this book as i had already gone out and bought it from someone else (it was a birthday present). They refused to do this, so then I asked for my voucher back (refund) and they also refused to refund me?!! they say they will only replace it but because it never arrived i had to buy it elsewhere! Don’t i have a right to claim back my voucher amount?
Andrea, If you are still within your 7 day cooling off period, you can get a refund, no questions asked. If not, the question you need to ask is whether there was a despatch or delivery time indicated when you bought it. If there was, and the book failed to arrive within this time scale, you can claim there was a breach of a contract term – especially if you can show that you relied on this timeframe and if you had known the book would be any later, you would not have bought it. If no timeframe for delivery was mentioned, the store can claim you entered into a legally binding contract of sale with them, and as such they don’t need to give you anything back, apart from a credit note or replacement.