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I have bought something from a shop/
catalogue /street market/door to door
salesman that does not work. What can I do?
The law says that if goods are sold they
must not be faulty. Unless that fault was
brought to your attention at the time you
bought the goods, you are entitled to your
money back or to exchange the goods for
something else.
I have bought something which works, but
does not do what it says on the packet or is
not suitable for what I bought it for. What
can I do?
If goods are not the same as described or
not suitable for the purpose for which you
bought them then you are entitled to your
money back or to exchange them. You may need
to show that you told the seller the reason
you wanted the goods, if you want to prove
it is not suitable for the purpose for which
you bought it.
Are there any times when I will not be
entitled to my money back or to exchange the
goods?
Yes.
a) If you have held onto the goods for too
long before returning them. You may be taken
to have accepted them.
b) Or if you were told about the fault
before you bought the goods.
c) Or if you did the damage yourself either
by ignoring advice about using the goods or
through lack of care.
d) Or if there is nothing wrong with the
goods and you have just changed your mind
and decided you do not like them. (Although
some shops may agree to accept the return of
the goods as a gesture of goodwill).
If I signed an "acceptance note" when I
received the goods does this mean I lose my
rights if something goes wrong?
No.
You are entitled to a reasonable time to
check the goods and as long as you return
them as soon as you can you should be
entitled to the return of your money or an
exchange if there was something wrong with
the goods.
Even if the goods were bought for me by
someone else am I entitled to return the
goods?
No.
The goods should be returned by the person
who bought them as there is a legal contract
between that person and the seller. However,
that person can give you written permission
to complain on their behalf
If I return goods do I have to accept a
"credit note"?
No.
You can insist on the full repayment of your
money. If you accept a credit note you may
not be able to exchange it for cash later on
if you cannot find anything else in the shop
that you like. Also some credit notes last
for a limited period so check this before
you accept a credit note.
Do I have to accept a replacement good or a
free repair instead of cash?
No.
You are entitled to the return of your money
if the goods are faulty, or not as
described, or not fit for their purpose. You
should be entitled to a refund on sale goods
as well.
Do I need to have a receipt before I can get
a refund?
No.
You are still entitled to a refund as long
as you can prove you bought the goods from
that particular seller.
What if the goods are too heavy to carry
back to the shop. Am I responsible for the
cost of taking the goods back?
No.
You can ask the seller to come and collect
the goods as long as you have not held onto
the goods for too long and as long as the
goods were bought by you and not someone
else.
If I cancel an order am I entitled to the
return of a deposit paid by me?
Not necessarily.
Some deposits may not be returnable. You
must check the agreement carefully when you
sign and pay a deposit as you may lose your
deposit if you do not go through with the
agreement.
Does a guarantee or warranty give me any
special rights?
Yes.
But read the guarantee or warranty carefully
to check what it covers. If a guarantee
comes with a registration card you may have
to fill this out and send it off before the
guarantee covers you. The guarantee will
tell you how to make a claim. Guarantees do
not effect your normal rights for a refund
or exchange, or to sue the manufacturers for
any loss or damage caused because the goods
were faulty.
What about services ? What can I do if I
have not received the service I paid for?
You are entitled to certain standards.
The service should be carried out with
reasonable care and skill, within a
reasonable time and for a reasonable price.
The person or organisation providing the
service may be a member of a trade
association or other professional body or be
regulated by an ombudsman. You may complain
to them or sue to recover your money.
If I buy goods with a credit card does this
give me any extra protection?
Yes.
If the goods cost more than £100, but not
more than £30,000, then the credit card
company is also liable for any claim you
have against the seller. This can help you
if the seller has gone bankrupt and so is
not worth suing.
If my complaint does not get results can I
sue?
Yes.
If the goods or services provided do not
meet proper standards or requirements you
can sue for breach of contract and claim the
return of the price you have paid or
compensation for any other losses you have
suffered connected to the goods or services.
Also if you have been injured because the
goods were defective you can claim
compensation for your injuries. (see
accident compensation.com)
If I buy goods through an auction or private
sale what rights do I have?
Auctioneers can refuse to accept
responsibility for the quality of goods on
auction. You cannot back out once the deal
is made. You should read all notices
carefully and look out for any clauses
excluding the auctioneers liability. Goods
bought privately do not have to be free of
faults. They do have to live up to their
description however.
Do I have any rights if my holiday is
cancelled or if I do not get what I paid
for?
You have certain rights when booking a
holiday. If you booked your holiday through
a package travel tour operator they have to
be "bonded". This means if the tour operator
goes bust before you travel you should get
your money back.
If you are abroad they should pay to get you
home at no extra cost.
But, you may have to pay some money in
advance and claim it back on your return.
Remember if you paid for your holiday by
credit card and it costs more than £100 you
may be able to get your money back from the
credit card company if the tour operator
goes bust.
If your holiday has not gone well then check
what the holiday brochure says. The brochure
will usually be a contract and set out
certain promises the tour operator makes
about the holiday.
You may be able to sue for breach of
contract. You may also have taken out
insurance which may cover you if your
holiday is cancelled in certain
circumstances.
If I have bought something on a credit
agreement can I change my mind and cancel?
You may be able to cancel if you do so
within a limited period of time. The
agreement will tell you that you have a
right to cancel and how much time you have
to do this. However, you can only cancel if
the agreement was made with the supplier in
person [this means not on the telephone] and
the agreement was not signed at the
supplier’s business premises.
If I bought goods after seeing a sample what
rights do I have if the goods are not the
same as the sample?
The goods must be the same quality as the
sample you saw and you should be given the
opportunity to check the sample against the
main goods. Also the goods must not have any
faults which could not be seen from a
reasonable examination of the sample. |
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