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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A fault represents a breach of the Sale of Goods Act 1979 in that the item (sofa in your case) was not fit for purpose. I do not believe that a repair should be accepted. You are entitled to rescind your contract with the retailer and ask for your money back or a replacement. A repair only comes in to play once the item has developed a fault that it shouldn’t have done, after reasonable use, not NO use. That’s what my research tells me, for what it’s worth. Regards.
Phil,
Since when does a fault mean not fit for purpose? You must be confused with satisfactory quality.
Yes agreed Sharon would be entitled to a refund in these circumstances although Sharon’s question about repair and replacement.
I bought a heater at the start of the winter from Argos which recently broke. It had always been quite flimsy and delicate and so was hoping to get a credit note so I could buy a different one as the model was clearly of poor quality despite it’s price. However when I returned it with the guarantee and receipt, the sales person told me I was not entitled to a credit note, only a replacement of the same model. Would I have been within my rights to insist on a credit note?
Hi – In August 2011 I placed an order for a matching wardrobe and chest of drawers online. The chest of drawers were faulty, and despite receiving several replacements, and replacement parts the item remains incomplete. I have now told them that if the item remains incomplete on receipt of the latest replacement part they are sending to me, that I will expect a return and full refund. Am I within my rights to return both items as the store has failed to fulfill the order?
Thank you,
Noel.
I purchased an exercise bike from Argos last May. It’s only been used for gentle exercise and it’s been looked after exceptionally well. However, it’s recently developed a fault. The pedals give a violent jerk while cycling, making it impossible to use. I have proof of purchase and as I haven’t had it a year, I should be able to get a repair or exchange from Argos. However, they say I have to take it in to the store where I purchased it. I haven’t a car and so I’ll have to take a taxi (it’s about 30kgs). Do I have to cover the cost incurred returning this item?
Hi
In December 2010 we purchased two Delonghi heaters and one of them burnt our sockets, unfortunately my partner thought it was the sealed plug on the heater and removed it and replaced it with a normal plug to try it, it still didnt work, I found the reciept but have not yet returned it as the plug was removed and they would probably not refund it because of this. We now have found that our other exact same heater has over heated at the plug and burnt our sockets and has now died on us. These heaters are under a ten year guarantee. Would I have a right to be refunded for both heaters as they are a safety hazzard, we have both reciepts
I purchased a glassware item which was not susequently packed in protective packaging.. just after i left the shop a person caught the bag ..( not violently ) and the delicate item shattered.. should the shop offer an exchange due to lack of packaging.?
Thankyou
I PURCHASED THROUGH AMAZON A PAIR OF SKULL CANDY EARPHONES. THE ORDER WAS FULL FILLED BY I HEADPHONES. THE ORDER WAS PLACED ON 25TH NOV.
THE EARPHONES WERE GIVEN TO MY SON AS A XMAS PRESENT AND THEN CEASED TO FUNCTION 4 DAYS LATER. BECAUSE OF XMAS WE COULD NOT CONTACT I HEADPHONES UNTIL 4TH JANUARY 2012. AFTER NUMEROUS E MAILS WITH NO RESPONSE I WAS FORCED TO PHONE THEM. THEY STATED THAT BECAUSE MY COMPLAINT EXCEEDED THEIR 30 DAY RETURN PERIOD I NOW HAD TO RETURN THEM TO A SKULL CANDY DISTRIBUTION CENTRE IN CHELTENHAM RECORDED DELIVERY AND I HAD TO PAY FOR POSTAGE, WITH NO RE-IMBURSEMENT.
SURELY AS THE EARPHONES WERE FIT FOR PURPOSE ANY RETURN COSTS SHOULD BE PAID BY SKULL CANDY.
Are you serious
How can you suggest that the retailer only replace the affected part of the carpet?
Cutting a chunk out of a new carpet and replacing it would look even worse and is certainly nothing any sane person would ever accept as appropriate recompense. It’s not like were talking about replacing a faulty component here, it’s a whole carpet not carpet tiles!!!
Hello,
I have spoken to John Lewis regarding an Apple iMac that I bought at the end of August 2011. The problem is discolouration in the top left hand corner of the screen which is progressively getting worse. They advised me to go to Apple which I have and now reading the comments, I realise that I should have dealt directly with John Lewis.
After the staff at Apple asked if I smoked, the computer was near a wall or if I cleaned the screen with any liquids (It felt more like accusation rather than troubleshooting) they have agreed to fix the computer which will take about a week. My concern is after ready a number of forums, this seems to be a common issue and the fix appears to be temporary in many cases. As you can appreciate, I do not want something this expensive to be fixed only to reappear in another 4 months running the risk of being charged for a repair. I would be happy to exchange the computer for a different product, is there any chance of me getting John Lewis to do this? I have all original packaging, receipt and apart from the fault described the computer appears as new.
Some examples of the forums are: https://discussions.apple.com/thread/2300580?start=0&tstart=0
http://www.philmug.ph/forum/showthread.php?t=60611&page=2
http://forums.macrumors.com/showthread.php?t=861355&page=2
Thank you for any comments regarding this.
Hi,
What is the law regarding defective goods when purchased by one business from another ?
Example, vehicle repairer (garage) purchases a part from a parts supplier, on the reverse of the invoice for warranty claims it states that “You must contact there agent” – in this case the manufacturer.
The agent then stipulates that the whole vehicle is returned to them for there own technicians to carry out investigations to prove whether part is faulty or not, not uncommon for this to take 2-3 weeks which is highly inconvenient to not only the garage but also the vehicle owner, if part is proven faulty, they will either replace or repair. If not, they will make “reasonable” charges
It also states that “this condition” is in addition to your other rights relating to defective goods”
quote “These conditions do not affect other rights granted by law that cannot be excluded”
Thanks
Dave
bought plastic hut 6by4 from BQ 6months ago this winter winds tore it apart when i called they say i have no rights as its mother nature but my wooden hut was not damaged the plastic part were u screw nut has riped at each one to me not made good do i have any rights
I bought a laptop from Currys, 30th Dec 2011 and reported a fault with the left click mouse button one week later where I was informed that I would be given a replacement once I took it back to where I bought it. However the laptop is no longer in stock and will not be coming back into stock as it is no longer being made. Currys have now offered me a different laptop that is £80 more than what I paid for my laptop and has considerably lower specifications. What are my rights? Do i have to pay this excess or should i be receiving a laptop of similar spec with no extra charge?
Ciara
I purchased a floor lamp from B&Q along with a matching bulb a week ago. The lamp had a defective shade and I was told I had to fully disassemble the item and bring it back for an exchange or refund. I therefore disassembled the item and brought it back with the receipt for a refund along with the bulb. They told me that I am not entitled to a refund on the bulb. I feel I was inconvenienced as I had to disassemble the floor lamp and make an additional journey. It’s purely a matter of principal as I feel companies like B&Q make huge profits from low quality items at the customer’s expense. I was told by the supervisor however that B&Q was not willing to make a loss on an £8 bulb so I assume this principal does not work in reverse?
Hi,
My partner has recently purchased a smart-phone from 3store. Within the first two weeks of purchase a fault became apparent. The phone stopped charging altogether. baring in mind my partner bought the phone outright for £500.
The store offered to send it away for repair, to which we agreed and subsequently waited for the 10 days it supposedly took to come back. The ten days expired and a letter was received stating that the phone was damaged by the customer and this was not covered under warranty. This is incorrect as my partner hardly took the phone out of her bag before insuring it, (something she plans to do at a later date).
3 have offered to send the phone back to my partner but at a charge of £30. This, I believe, is outrageous! The phone cost £500 and we were assured that after sale it was my partner’s property. A factor which seemed instrumental in the sale of the item.
As it stands my partner has parted with a large sum of money and her phone, both of which 3 are in possession of at this moment in time and are seemingly refusing to send it back without further payment, repaired or not!
Please help us to resolve this matter! Is there anything we can do in terms of getting a refund or an exchange for a new, working phone?
Thanks,
Jake
I purchased a washing machine from a website and have had it delivered, I have unpacked it only to realise that I ordered the incorrect machine, it is within 7 working days, if it is unpacked but not used can I still have it returned without inuring any penalties?
You can ask them, but I don’t think they have any obligation to do anything, as it is your fault you ordered the wrong one. If they sent you the wrong item, then they would be responsible.
An error on your part, is not their responsibility.
They may change it, as a gesture of good will, but possibly charge you for delivery/pick up. But like I say, it depends on how obliging the company are.
I went out of my way to purchased a new television during a store January sale. The store provided me with the product in a box.
I transported and assembled the product very carefully in the evening.
I tried the product by turning on, tuning channels and watched the evening news -only using the remote control. No one apart from me cam e close to the television. In the morning, I had a closer look at the product and realised that it had marks at the bottom, just below the screen and where alternative controls are placed.
There were several little light scratches as it originated from use of these commands. I then noticed around four larger scratches near them and a couple on the side of the television.
I called the store’s customer service who said that they do not sell second-hand goods playing down the evidence I found. He said I can come to the store to get a replacement or have it collected for inspection by couriers at a cost of £30. They normally only charge £10 for deliveries. After I reported the problem they doubled the price of the model?! What could be going on? I believe that I am entitled to a replacement and should not have to pay more than the cost of a delivery for it to come to be and be replaced. I’d welcome suggestions on best course of action.
Hi
I purchased a Gas generator from a company which was delivered on the 20 Dec 11. The machine was conected to be used as a mains supply on a new build which is currently off grid. Within 24hrs the machine was popping and cutting out. I tried too contact the sellers after Christmas bank holiday to report the fault and left answer phone messages. I finally made contact after emailing the company asking for a refund. He seller offered to repair it and stated that it was his right under consumer law. I agreed and he came out last monday. The fault was diagnosed as the diaphram and he said that there was some plastic in it. Upon questioning he said it could of been from the maunufacturing or gas fitters tape. within a few hours the machine started clanging again and stopped working. I contacted the seller who then contacte the manufacturer. He then called me saying that the diafram must now be sticking.I told him that it was not fit for purpose and I wanted a to return the product and get a refund. I have had to throw away gone off food and have been without a water supply as it is pumped from a borehole. The seller said he would ring me back and as this has not been the case I have emailed and left telephone messages.Can I just send the machine back by courier and what are my rights regarding refunds/compensation
Hi, i bought a men suit from Moss Bros in Bluewater in October 2011, i took it abroad and unfortunately it did not fit. i called the shop within one month to notify them of the problem and the attendant i spoke with said i could return it. i did tell her i would not be in the UK until January 2012 ans she said it was fine. i came to the UK last week and took the suit to the shop but the manager refused to refund me even when i had a receipt, his excuse was that the suit needed ironing. what options do i have and what can i do? thanks
Hi….quickly shopping in a select store (clothing)i purchase some jeans…but didnt try them on as i was in a rush… i asked the assistant if the items could be returned if they didnt fit and was informed that i could have an exchange or a credit note…. she stated because it was a turkish company this was their policy and because there were fitting rooms at the facility they could do this…. please advise
I bought my daughter a second hand blackberry mobile phone £90 and because it was for christmas she didn’t use it till then and it kept locking up and the screen going white ,as well as a broken speaker,I took it back he repaired the speaker and said he done the software on it as well ,A few days later I had to take it back again because it was doing the same thing,he flashed the software on it again, but that still didn’t solve it,I took it back a third time and asked for either a swap or a refund he told me he doesn’t do cash refunds and because he has no other blackberry phones in she has to wait till he does,so in the mean time my daughter has no phone and god knows how long she has to wait for one,can you offer me any advice on this please .thank you