What Consumer presents its top ten consumer tips to help you know your rights and stay one step ahead of the retailer. We also expose the myths relating to some of the most common consumer complaints.
1. Pay on credit card
Where possible, always pay for items over £100 by credit card. This is because if there is a problem with the item you bought, the company you bought it from refuses or is unable to give you a refund, the credit card company is equally liable to reimburse you in full.
2. The responsibility of the seller
Where an item is faulty, of poor quality or not as described, the retailer (or the trader who sold it to you) is liable, not the manufacturer. This remains the case even if you have had the item for several months and the warranty has expired. Therefore do not be fobbed off by shops who tell you to go to the manufacturer or go away entirely because it no longer their responsibility.
3. Extended warranties – are they worth it?
Extended warranties are sold aggressively on a commission basis and are largely a way for shops to extort extra money for repairs you would be entitled to anyway. Under the Sale of Goods Act and in the absence of any warranty, the retailer is automatically liable for any faults which develop within the first 6 months – and beyond if it can be shown that wear and tear is premature.
4. No refunds?
It is perfectly legal for shops to offer only exchanges or credit notes in cases where you have simply changed your mind, or the item is unsuitable. Refunds may only be given where the item is poor quality or not as described. It is unlawful therefore for a shop to display a notice saying ‘no refunds’, as this is misleading and conflicts with your statutory rights.
5. Did you keep the receipt?
Proof of purchase need not be a till receipt, it can be a bank or credit card statement, or a cheque stub.
6. Cooling off periods
Cooling off periods only apply to the purchase of certain products, those bought under certain conditions, or those bought in certain locations. The cancellation period can vary from 5 days to 45 days and you must be advised of your cooling off rights before you buy. Signing a credit agreement or a contract in the shop does not entitle you to any kind of cooling off period, unless it is an insurance product or an extended warranty.
7. I shouldn’t have to wait this long!
If there is an excessive delay with a service to be carried out or an item to be delivered, you can write to the company, giving them reasonable notice to perform their contractual obligations, in other words making ‘Time of the Essence’. If this date is not met you will then be entitled to terminate the contract and ask for your money back.
8. Junk mail and telesales
Opt out of receiving junk mail and annoying telesales calls by signing up to the mailing and telephone preference services operated through the DMA.
9. Private sales of second-hand goods
You can only claim breach of your statutory right to quality (Sale of Goods S 14) if the seller is selling ‘in the course of a business’. Therefore extra care should be taken when buying second hand items from a private seller as you will not have this protection.
10. Quote or estimate?
Generally speaking an estimate does not amount to an offer and is not legally binding. You should be clear about getting a quote rather than an estimate, as this will then become the final price as agreed as per contract.
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I ordered and paid for some bathroom tiles 6weeks and 2 days ago. on the 30thjuly when I paid for the tiles I was told it takes 2/3days for them to come in as the had to be ordered. I said this was ok as the job was to start on the 10th august and they said they would ring me . by the 19th august I still had no tiles but on the 22nd they gave my tiler a mix of 3 colours which only 3 boxes were correct all the rest had to go back but I was still without the border tiles and insert tiles finally on Monday 3 Sept I collect most of my tiles excluding the insert tiles which they say won’t be long and will ring me when they come in only for me to ring yesturday and them say they are out of stock and it will be another 4 weeks . the tiler has started the job and my only option now is to have plain at the top as its costing me money delaying the tiler each week. I’m really upset that I don’t ended up with the bathroom I wanted but they only want to give me the different between the plain and patterned tiled back . where do I stand on this
I had a delivery from b+q it was 6 doors short and I wrote across the delivery note uncheck I rang to say I was short of these doors and told they would investigate and it wound take 5 to 7 days so I rang 7 days later and they told me 14 days so I rang 14 days later and was told 28 days we rang tonight and was told after 28 days we don’t no how long so can you tell me what my rigths are please brett jackson