http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0050-1011.txtAdvice leaflets
Is the trader right?
When you purchase goods from a trader, you are entering into a binding contract that places legal obligations on both parties, but some traders may try to get out of their obligations. Do you know whether the trader is correct? Read on and check your knowledge.
"I have just purchased a product that is faulty. Is it the manufacturer's responsibility to rectify any faults?"
The manufacturer will only have liability if the goods are covered by a guarantee, and then only if the guarantee covers the fault in question. The law considers that the seller of the goods is always liable for breaches of contract, such as goods being faulty, so, even if there is a guarantee, the seller must rectify the faults if you ask him/her to. In exceptional circumstances, the manufacturer may be liable, e.g. if you are injured by an unsafe product, or if the manufacturer was negligent. If you suspect this, get some further advice. Where credit is involved, the finance company may also be liable (see the leaflet 'Your rights when buying on credit').
"I have just purchased some goods which are defective. The trader will only offer me a credit note. Is he right?"
No! If you have acted quickly enough, you are entitled to reject the goods and get a refund. If you have not acted quickly enough, you are entitled to a repair, a replacement, a reduction in the price or to rescission, (see the leaflet 'Buying goods - your rights'). You do not have to accept a credit note.
"I have just purchased something that I do not want anymore. Does the shop have to give me a refund?"
If you purchased goods for cash after visiting a retailer, then no. You are only entitled to a refund if the goods are defective, not as described or not fit for their purpose. However, the trader may be willing to give you a credit note. If, however, you bought goods from a trader and the contract was concluded by means of distance communication, e.g. over the phone, internet, or from a catalogue, then different rules apply. In these circumstances you may be entitled to a cancellation period (see the leaflet 'Shopping at home - your guide to the Distance Selling Regulations'). Also, if you bought goods with credit organised by the retailer, different rules apply (see the leaflet 'Your rights when buying on credit'). If you bought the goods or service in your own home, another persons home or your place of work and they are over £35 then you may have a seven day cooling-off period. For further information see the leaflet 'Your rights to cancel when buying at home'.
"I have accepted a credit note from a trader, but they do not have anything that I like. Can I now demand that the trader gives me the cash?"
No! You are not entitled to a refund once you have accepted a credit note. Also, beware that if you do not use the credit note before its time limit expires, it will become worthless.
"I took some faulty goods back to the shop, but the trader pointed to a notice which stated " no refunds". Is this correct?"
No! Traders cannot restrict their liability for faulty goods. In fact, these notices are illegal and the trader could be prosecuted by trading standards.
"I purchased goods over a year ago and the guarantee has now expired. The trader has advised me that he does not have any responsibility for the goods. Is he right?"
No! Guarantees are extra to your legal rights. If you can show that the goods were not of satisfactory quality at the time of sale, i.e. they were not as durable as it is reasonable to expect, then you may have a claim against the trader or finance company (if applicable) for compensation.
"I went to a 'sale' and purchased some goods that are now faulty. The trader will not accept any liability, as they were sale items. Is he right?"
No! You have the same rights when buying 'sale' goods as when you buy a brand new item. However, if the price has been reduced because the item was damaged, and it was pointed out to you at the time of purchase, or if the fault was easily seen and you should have noticed it on inspection, you cannot complain about the damage.
"I have purchased some faulty goods, but unfortunately I have lost the receipt. The trader says that, because I do not have a receipt, I do not have any rights. Is he right?"
No! You do not have to produce a receipt in order to pursue a claim for faulty goods. However, if goods are faulty, your entitlement to a refund or repair may depend on the time that has passed since purchase. Also, if the goods have been sold at various prices then it is only fair that the trader will require proof of the purchase price or the date of purchase. Bear in mind also that if the goods are sold elsewhere, the trader will want to satisfy himself that he received the money in the first place. However, if you have a cheque stub, bank statement, or credit card slip, that should be sufficient.
"I purchased some clothes which I have now found do not fit me. The trader will not take them back and give me a refund. Is he correct?"
Yes! You only have a claim against the seller if the goods are faulty or misdescribed.
"I purchased an ex-display washing machine which had a damaged casing. The trader will not take the machine back. Is he right?"
Yes! You cannot complain about faults that you knew about before you purchased the goods. However, apart from the known faults, the machine is still required to be of a 'satisfactory' quality and work properly.
"I want to purchase a three piece suite that is on display in a shop. The shop refused to sell it to me. Does a shop have the right to refuse to sell goods?"
Yes! Goods on display in a shop are there for you to make an offer to buy, the shop is not obliged to accept your offer. The same applies where goods have been labelled with the wrong price; the shop does not have to sell at that price.
"I was given a present which has developed a fault. The trader will not accept liability even though the goods were purchased from him. Can he refuse to deal with me?"
Usually the law considers that the buyer of the gift is the only one who has a contract with the shop. But if the buyer made it clear that the goods were meant as a gift, and identified you as the recipient, you will have rights as a 'third party' in the contract against the trader.
"I ordered goods for delivery by a specific date. The goods have not yet been delivered but the trader will not accept cancellation of the order. Am I right in thinking that I am entitled to cancel?"
Yes! Provided that the delivery date was specified and made a term of the contract, you are entitled to cancel the contract, without any financial penalty, once the date has passed.
"I allowed a sales person into my home and subsequently signed a contract. Can I cancel the contract?"
In most circumstances you will be allowed a minimum seven day cooling-off period. You have to be given a cancellation notice and the trader can be prosecuted by trading standards if the sales person fails to provide the notice. (See the leaflet 'Your rights to cancel when buying at home').
You also have cancellation rights if you sign a credit agreement in your home regardless of who invited the salesman to call. The law allows you a cancellation period of five days, which begins when you receive a second copy of the finance agreement through the post (see the leaflet 'Your rights when buying on credit').
Please note
This leaflet is not an authoritative interpretation of the law and is intended only for guidance. For further information, please contact your local trading standards service.
Last reviewed/updated: October 2008
This leaflet is relevant for the following nation(s) only:
* England
* Wales
* Northern Ireland
