The Sale of Goods Act covers the purchase of most things from shops, suppliers and online or mail order retailers. It also details the retailers obligations in situations where you have to return an item to them take on the basis that it is damaged or faulty – or both.
Your statutory rights
One of your principal statutory rights is the expectation that the item will be of reasonable quality. This also includes fitness for purpose specified, appearance and finish, freedom from minor blemishes, safety and durability. The failure of the product to meet any one of these criteria is a breach in your statutory rights, enabling you to go back to the retailer, even after some months of use.
The retailer’s obligations
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.
In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. If any inconvenience is caused you should be given a replacement item on a ‘like for like’ basis (and not simply the cheapest and most basic model). Many consumer complaints relate to the length of time the item is away being repaired – and although you must allow reasonable time for repair, the law does not say what ‘reasonable time’ is. It very much depends on the item itself and the nature of the problem. For most things, shops would usually allow you to exchange the item or give you your money back straight away. However, if the damage is minor and can be repaired easily, then the shop can insist on this as a first option, although this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with it.
If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality in this legislation, you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that any refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to take return the item if something else goes wrong
Proof of purchase?
Shops will often tell you they will only give a refund on production of proof of purchase. Don’t be misled into thinking this must be a till receipt. It can be a bank or credit card statement, although you may run into difficulties if it is for a different amount than that of the item you are trying to return.
If the item is damaged, the shop cannot say they will only refund on the basis of a till receipt. However you must have proof of purchase of some kind – particularly if it was bought recently and you want to show that the damage wasn’t caused by continued use or wear and tear over time.
Where you have no rights
- If you were aware of the defect before you bought it
- If you bought it from a private buyer on a non-commercial basis (i.e. not a shop)
- If you were invited to carry out a thorough inspection of the product and fail to spot a defect which that inspection ought to have revealed
- You simply changed your mind or the item was not appropriate due to colour, size or style
- The item is dirty and the mark can be removed easily at home. This is not the same as damage and shops are not obliged to give you any discount
Buying seconds or damaged items
If you are buying seconds, you are still entitled to a product which is undamaged and fully useable. If you knowingly buy a damaged product, the specific defect must be pointed out to you before you buy, and although you cannot then return the item on the basis of that defect, it does not mean you cannot return the item if you discover something else wrong with it – even if they have reduced the price. Don’t let the sales assistant tell you otherwise!
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HI, I bought a single divan bed mid november ’11 for my 19 year old son, the bed base collapsed 2 weeks ago when he got in it, on inspecting it the frame is only held together with staples?? I have contacted the place where it was bought, through Amazon, but they are giving me the runaround firstly asking for photos of the damage, which i sent straight away, then they said I had to have it returned? (cant exactly take a bed to the post office for return?) now they are saying ‘how do we know the bed has not been jumped on?’, and as it is more than 7 days since i received the bed it is out of their hands and are blaming amazons rules of sale? I am sick of this now and my son has been sleeping on the floor since this happened, Please can you help??
hi,
i ordered 2 car chargers for my phone on amazon but from a marketplace seller. they arrived, but both were faulty. i contacted the seller who said send them back for a refund, i then asked about them paying for the return postage, they said yes and said to use 2nd class. i sent them back (still got the receipt), after 6 weeks and nothing from them i enquired and they’ve said they haven’t received them, an until they do, they wont refund me. i’ve said my duty of care was up to me posting them, they’ve said it’s amazon policy not to refund until the items are returned.
cheers steve
Hello,
I purchased a set of cctv cameras recently from a company on the internet called iviewcameras.co.uk. I received the cameras a few days later and tested them out. I found that there was a lot of interference on the picture being transmitted from the cameras which were wireless ones.
I contacted the company and asked for some technical support to try and get them working as they should. I tried positioning the cameras in different locations and even in the same room as the receiver, only to find the picture the same.
I looked in the manual that came with the cameras for help and there was a section in there saying that you can alter the channel on the cameras if you get interference. I checked on the camera for a way of altering the channel and there was none. I advised the person in their technical support department of this and he told me that the manual is a generic manual and obviously not for the cameras that I purchased.
I was given a return reference to return the cameras for testing by the company and returned them shortly after. I had an email on the 16th January saying that they have received the cameras and they would take up to 48 hours to test the cameras and would update me. I heard nothing by 25th January so I gave them a call today only to be accused by an engineer who tested that that ‘I snapped a wire off them’ and ‘the antennae’s are broken’ and I have tampered with them and they are returning them to me. I displayed my disgust to the company who accused me of such things and wanted to take the matter further.
I have now emailed their complaints department and thought you might like to know about this poor service to me too and is there anything you can suggest I can do next??
Regards
Paul Sheldon.
To add further insult to injury they have accused me of:-
Dear Mr Sheldon,
Thank you for your email dated 27 January.
The antenna has been cut open and the wire has been exposed.
This is classed has user damage and the cameras will be returned to you.
Kind Regards
Hi I purchased a 4 seater settee and a 3 seater settee and a love chair from a well known furniture supplier in Ormskirk. The cost was around £3.100 in March 2010. With 2 year guarantee.
It has developed a number of faults, collapsed cushions (replaced several times) broken zip (taken away and fixed) material coming away from love chair (material ordered and redone as cut short by manufacturer.
Now again we need the interiors of cushions replaced as they have collapsed again.
We are really upset by this because when the interior cushions begin to collapse it starts to affect the material of the cushion and it begins to wrinkle and wear, it looks very worn.
For most of the 2 years there has only been myself and husband using it.
Consumer direct have told me about the sale of goods act 1979.
So we sent them a letter, stating it was not fit for purpose etc listing faults.
They have replied saying it is now nearly 2 years old, they will replace the interiors because we where not satisfied (it was not because we where not satisfied it was because they collapsed) again.
They will not refund, or replace even though consumer direct have told me it is not fit for purpose.
I think they are just waiting for the 2 year guarantee to come to an end. Although this should not apply according to consumer direct.
Can anyone advise, shall we take this to court as I am upset at having to get the cushions replaced all the time. ( It is also very upsetting watching them collapse constantly) especially when you think you have purchased from a reputable seller.
Thanks in advance for any advice
I purchased a 600 Vanity Unit for a bathroom at the cost of £210, from a firm in Chadderton on the 10th January 2012. The item was collected from a nearby warehouse by myself and husband. Warehouse men placed the pre-assembled boxed unit into the car upright. We went home and placed the item into the garage until the bathroom was ready for its installation. On opening of the box in the garage on the 27th January my husband discovered damage to the top front corner and innershelf, damaged consistant with being caused from being dropped from a height. My husband immediately contacted the seller via telephone, who requested photographs to be taken of the damage and sent via e-mail. I received a telephone call on the 28th saying that they would not replace the unit because they cannot verify when the damage was done, and because we had had the unit for two weeks the only thing they would offer was to purchase an additional unit at cost price( as yet undetermined cost). They did comment if we had reported the damage within 48 hours they would have replaced it without cost, ( even without verifiying time of damage!)
Can anyone advise, I have purchased products from this company in the past and have not had the misfortune of having any problems with their products or advice, therefore believing we have purchased from a reputable seller.
Thanks in advance for any advice
Hi Carolyn I am in exactly the same position with an expensive sink- because it is 7 days after delivery the company will not pay for a replacement- I am wondering if 48 hrs in your case and 7 days in mine is deemed a reasonable amount of time in order to report a problem? I am not sure if it is worth going through the credit card company?
I really need to know what my rights are regarding this matter.
I bought an Asus Eee Pad Transformer Tablet from a seller on Amazon online in December. The Tablet arrived on the 19th of December. When it arrived it seemed fine, but it started to play up and not perform properly. I went away for xmas for 4 weeks leaving the Tablet behind, knowing there was a new firmware update waiting when I returned. I did the update but the problems occured even more. I contacted the seller on Amazon about this matter around the 23rd of January, wanting to get a refund or a replacement. They offered me a refund right away.
The sellers Terms and conditions state that a 10% restocking fee applied to ALL refunds. I asked the seller about this explaining what had happened and the problems with the Tablet. I thought restocking fees were illegal according to Distance seller regulations? anyway they insist that the problems have occured through me owning it (less than two months) and are saying the 10% restocking fee applies to me, even though the item is clealry faulty and was sold to me faulty. They also did not offer to collect the item from me, I have had to return it at my own expense.
So my two questions are, am I entitled to a full refund of original price and postage, without being charged a 10% restocking fee?
Does the seller have to refund me the cost of returning the faulty item at my own expense?
I thought that since it is an electrical item, it should be expected to last a reasonable length of time, clearly less than two months isn’t exceptable. I have returned it all fully boxed, with all leaflets and the Tablet is in the new condition it arrived in.
Any help regarding this would be much appreciated, thanks
Hi
I purchased a Sony Vaio laptop for £899 at the end of May 2011.
Within 4 months, it suddenly stopped working, then wouldn’t boot up. The following day, however, it was working perfectly, so I didn’t bother reporting it, as I just thought it was one of those things.
It worked perfectly well, until 2 months later, when the same happened. Only this time, it will not boot up at all.
I have been trying for over a month, between contacting the online retailer, and Sony themselves to get this sorted.
It has so far cost me a fortune in phone calls.
Sony say it could be a software error, and I need to purchase recovery disks at £50 (which I cannot afford)
I went back to the retailer, who insist I have to pay it, as once 6 months have passed, it is my responsibility to prove to them via Sony that the laptop can’t be fixed, and they refuse to have anything to do with it until then.
Sony won’t do that, unless I buy these disks first, which aren’t guaranteed to work, as they don’t know for sure what the problem is.
The retailer insists that they are not breaching the sale of goods act – as they state that their guarantee doesn’t cover software.
I’ve been arguing about this since the beginning of December.
Am I right to assume that I should not have to pay for these disks? And what can I do about it?? Please help, I’m desperate.
hi, i bought an item from a shop on ebay it was a brand new replacement iphone part, when it arrivied i fitted it and it did not work i took it to a shop who have said its faulty, the shop have offered to refund me the money but only once i have sent it back, should the purchase proceedure not be reversed and they send me the money first then i post the item?
cheers
Hi! I purchased a sink and we did not sign a note on delivery to say we had checked it. It did not come in any packaging and was covered with dust. Unfortunately because of the bulk, we could not pick it up to examine it, so we waited for the fitters to come. Thus we only noticed some marks 3 weeks after delivery. During installation, it was noted to have what looked like a manufacterer fault in the glaze: it was not a irregular crack/chip but bilateral marks. We were advised by the original retailer to take it to the place where he bought it from for inspection to speed up the process- he said he would not replace it as we were beyond the 7 days period after delivery. The middle men deemed it not to be a manufacturer fault but damaged caused after it had left their shop. So the original retailer has confirmed he will not pay for the replacement as it is not a manufacturer fault and we are beyond 7 days. Can I still request for a refund from the retailer on the grounds we check it within a reasonable time period? Is it worth going via the credit card company? Thanks
For Christmas, I purchased my children 2 Archos 101 Internet Tablets from Carphone Warehouse. My daughter’s LED is internally cracked (no crack on the glass), although it has not been dropped or stepped upon. I have read reviews of this unit where others have the same problem. I took the unit back to Carphone warehouse (it’s been about 6-7 weeks since the purchase) to see if it was covered, and was told that they do not handle fixing these, and that I had to contact the manufacturer. The paperwork in the box says the warranty is only valid in the US and Canada, and the website to which Carphone Warehouse directed me says it won’t fix anything purchased outside North America. What are my rights?
Hi, I purchased a coat from Armani Exchange in the sale and have noticed that it has a hole in it. The hole is in the pocket so I couldn’t have noticed it in the store. However, on my receipt it says that sale goods may not be refunded/ exchanged. I want to know if I can take it back to them? I only brought the coat this weekend.
Thanks
Lucy
Hey, any help would be appreciated.
I bought a phone for about £140 off an online store through Amazon. I’m in Ireland and the seller is UK based.
You would not believe the ordeal this has become.
Initially, the phone arrived and was a different style and colour to the phone advertised on the site, but I let it go as I had some trouble getting it shipped to Ireland. After 30 days, the phone failed completely. Would not turn on.
Contacted the seller who referred me to the manufacturers warranty (which was advertised as part of contract), paid €15 at the authorised repair centre to be told that it had been modified by the seller, and this voided the warranty so it was “bricked” and illegible for repair under that warranty.
The seller claimed that this shouldnt have happened and said they would repair it. Gave me a street address in the UK to send it to. It was delivered by registered post on the 13th of Feb, 3 weeks ago. I have heard nothing despite trying to contact them about 5 times. They now have my phone and the money.
I need to take this to the next level legally, but where do I turn? Remember I am in Ireland.
Thanks for reading,
Emma
Hi there,
I have a complaint with regards to Zaras return policy. I recieved a black dress from Zara as an early christmas present. I wore the dress out that evening only to discover the next day that the dress had all pulled and was now ill-fitting. I was disappointed as I had only worn the dress for one evening so decided to take it back. When I took it back I was well within the time limit to return the item alongside me having proof of purchase. I was told the item was non-refundable as it had been worn and to quote “it was just the nature of the material”. I believe this to be a feeble excuse and even if that is the case perhaps they should inform customers of this before they opt out to spend money on a dress that is already faulty.
Alongside this, two other recent purchases from Zara have become faulty. The zip has broken on my body warmer and buttons have come off on a top. This is just very disappointing as I am a loyal customer to Zara, I love their clothes yet three recent purchases of mine have become faulty.
I live a good half an hours drive away from my nearest store, however, I don’t want to make that jounrney knowing when I get there I will be told I cannot return my faulty items. I have receipts for all three purchases.
What are your thoughts?
I made a recent complaint to Zara but after reading some comments online it looks like I’ll be waiting some time before I am given a reply.
Thanks