Faulty Goods
It's happened to us all…you buy something at the shop, get it home and plug it in, only to discover it won't work. But under the law, there are things you can do about it.
The Law
When it comes to complaining about faulty goods, the Sale of Goods Act 1979 is quite specific. It deems that goods must be safe, fit the description that's given of them and be both of "satisfactory" quality and fit for the purpose for which they're intended. If they have to be installed or assembled, there should be adequate instructions. Finally, if you're shown a sample first, what you're sold must match that sample.It's worth noting that responsibility lies with the retailer, not the manufacturer. Under the law, "retailer" is any non-private seller - even retail web sites are included.
When You Find A Fault
The first thing to do if you purchase a faulty item is tell the retailer. You're allowed a "reasonable" amount of time to check that the goods are satisfactory (there's no concrete time given as "reasonable"; it means different things in different situations). The best advice is to check the item immediately and return it as soon as possible if there's a problem. If the goods aren't satisfactory, you can "reject" them and get your money back (but be aware that this right is also only for a "reasonable" time).Instead of having your money refunded, you can accept a replacement or a repair, or even legally claim compensation (which in this case would just mean the cost of replacement or repair, effectively the same as a refund). If you allow the retailer to repair the item and it still doesn't work, you may still be able to get a refund.
After A Reasonable Time
If a fault appears after that nebulous "reasonable time" has elapsed, don't despair. If it's in the first six months, and it's not because of fair wear and tear, accidental damage or misuse, then the retailer must still repair or replace the item. If he demurs, he has to prove the item wasn't faulty in the first place, or that it couldn't be expected to last that long. Often he'll choose to replace rather than repair it.If more than six months have gone by, things change. You might still get a repair or replacement, but now you'll have to prove that the item was faulty when you bought it if the retailer disputes your claim.
Where delivery costs are involved, the retailer has to pay them, and repairs must be carried out within a "reasonable" time. If it's impossible to replace or repair the item, you can claim a refund of some, or possibly even all, of the purchase price (depending on how much the item has been used). However, if the fault causes personal harm or damage (a fire, for instance), then it falls under "product liability," which is the manufacturer's responsibility. First, though, go to the retailer; if they're unable tell you who the manufacturer is, then the liability becomes theirs.
Second-hand, Sales and Auctions
Every right given above also applies to second-hand goods, although you do need to factor in a few things, such as the price you paid, and a lower expectation of quality.Sale goods confer the same rights as non-sale goods. The only difference comes if the price was reduced due to a fault that was pointed out to you or should have been quite obvious. In that case you lose your rights.
The law also covers new goods bought at auction. Second-hand auction items are treated differently. They're covered only for auctions you couldn't attend. But if you could have attended, and the item's faults were publicly noted, then you lose your rights.
Finally, if you purchase an item from a private seller, most of the above rights don't apply - it's much more of a case of buyer beware. But even in a private sale, the goods can't be misrepresented to you. If that happens, then you might be able to claim compensation.
What Next?
If you have bought something that has turned out to be faulty read our guide on How to Complain before you take it back to the retailer.
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Comments...
@Jfran - It is the retailer's responsibility to replace, repair or refund faulty goods. Not the manufacturer's. Write to the retailer informing them that you are aware of your rights under the Sale of Goods Act. Theyhave had a plenty of time to resolve the issue for you by now. Tell the retailer you are going to approach your local trading standards office too. We assume you bought the boots on credit card? You could also try contacting the retailer and telling them that you are taking up the matter with your credit card company (assuming they cost more than £100 - the credit card company should be able to chase the matter for you)
ConsumerRightsExpert - 3 February 2012 @ 11:01 AM
I bought a pair of equestrian/country boots online at Christmas.At the first wearing they leaked water.I returned to the company as they were not fit for purpose.The retailer sent them to the distributor, the distributor sent them to the manufacturer, in order to determine whether they were faulty or not.
I keep telling the retailer that they are obliged to return my money, however they refuse to do so.This is dragging on and on and to date I have no boots and no refund.
jfran - 3 February 2012 @ 10:36 AM
i brought a luxury suit for 20/01/2011, when i realised about 1 month later it had a small fault to the fabric on one arm, i sent an e mail to the store alerting them of the fault, and a few days later sent a picture of the fault,i did not recieve a reply, i travel alot for business so i mailed again in January this year again and then they replied apologising for not to reply as the store missed the mail.
i did not return the item merely sent a mail, diring this period i have used the suit, now i beleive i should get a replacement or refund am i entiled to it or if they should offer compensation what should i except, they are saying that the item firstly should be returned to the boutique within 6 months to asses, what should i do ?
bry - 1 February 2012 @ 4:54 PM
Have had to return a pair of boots to an online company as they had split after only a few mopnths of wear.The company agreed that this was a fault and offered me a replacement which I was happy with.However, after receivingmy replacement I found out that I am expected to pay the difference between the price I paid last year and the price that the boots are selling for this year.I feel that this must be wrong especially as I was not told this at the start of the return process,but are they within their rights to do this? I would value another opinion.
Jane - 28 January 2012 @ 7:31 PM
we bought 2 sofas from d f s which where delivered on 21 12 2011 by christmas eve i knew that there was somthink wrong with 1 sofa it seemed twisted so on boxing day we called in to the branch to tell them they sent someone out on the thursday to look at it he came out with a statement saying that we were sitting on it wrong we were a bit taken aback and after 1 hour still no satisfaction we said we wanted to see a manager he said there was no chanch we also said we wanted a replacement but again said we had no chance anyway about 30mins after he left the manager rang and said he would come to see himself the following monday which he did he said he would get it sorted that there was somthink wrong but its going to be middle of march o by the way he said that he his going to have the seats and harm repadded but in our oppinion its not just that but like i said tha all sofa is twisted any way were do we stand if this does not rectify the problem
sexy - 27 January 2012 @ 1:22 PM
I bought 78 quartz floor tiles on line in two batches over the last month using a debit and credit card for the transactions. On opening the boxes the tiler found 48 had damaged corners and when contacted the supplier they said that as I had not checked them within 48 hours the transit insurance was invalidated and all they would offer was 5% off replacement tiles.How can I get a refund or compensation for these tiles which are clearly not fit for purpose?
Harley - 23 January 2012 @ 10:47 AM
Hi Chris
You did the right thing by contacting your credit card company, unfortunately there is littleelse you can do as they are in China and the EU/UK regulations will not be much use. Good luck!
ConsumerRightsExpert - 12 January 2012 @ 11:03 AM
I ordered a pair of uggboots online, from what has turned out to be a very dodgy company in China. I feel really stupid doing this as i was suspiscious about it.They have charged me twice for the boots from 2 different cards as when i first put the payment details in it came up with an error message so i tried a different one.They won't accept they have 2 payments, so now i have spoken to my credit card company who is trying to look into it.The boots i recieved are very poor quality.All i want to do is return the boots and get both my payments refunded.Now they say that it isn't worth returning the boots as i would need to cover shipping costs and import tax, which generally means it is not worth it.It doesn't say anything about that in their returns policy on their website!What makes the whole thing even worse is you can't speak to anyone directly, it's done though a webchat thing!I just wish i'd never found the website!It is a sponsered link on google and i really want to make them aware what a bunch of crooks the are so they would stop adverising them!!
chris - 11 January 2012 @ 10:05 PM
bought a second hand car 9 weeks ago. its been into the garage 3 times since for problems which some are still occuring. now the catalitic convertor is broken. this is classed as a consumable therefore will not be covered by the warrenty. do i have any right to ask for my money back regardless if they were to fix the car or not? theres simply not confidence in the car. thank you.
ellis - 3 January 2012 @ 11:52 AM
Can anyone advice on the legality of the following?
Supermarket giants Tesco and PC World Dixons etc sell their electronic goods customer returns at specialist auctions. The goods are described as 'Sold as Seen'. Surely these retailers will be re-imbursed by the manufacturers for the faulty goods? It should be the responsibilty of the manufacturer and the retailer to ensure that the goods are returned to the manufacturer for repair or scrapping not to re-enter the market place via the likes of Ebay etc. Not only does this practise allow potential hazardous faulty goods into the public domain but it also must be counter productive for both the manufacturer and the retailer sending out messages on the former that their goods are below standard fit for the purpose and secondly undermining the market and selling prices.
Powerful Pierre - 12 December 2011 @ 3:02 PM
If an item is faulty within the first 6 months can I demand a replacement or can the seller choose to repair instead? And do I have to wait for the seller to test it to see if it's faulty?
Jim - 11 December 2011 @ 5:31 PM
i brought a dress from phase eight a year ago iv worn it once ..It tells you on the label to be dry cleaned so that what i did and now the dress has broken all the beads have come of what can i do ?
ab - 8 December 2011 @ 10:47 AM
i purchased a Silent knight single mattress 18 months agofrom an internet retailer and one side has bulgeddespite it being used infrequently as my daughter is at Uni. The warranty says Silentknight will replace FOC "with a contribution to transport costs" yet the retailer want £89 which i reckon is excessive. Am i liable to pay this or should the retailer suck it up? Im sure i read in the sale of goods act they shouldpick up this cost as the goods are faulty as a mattress should last longer than 18 months of mimimum usage. Any advice?
billynomates - 22 November 2011 @ 2:14 PM
I bought 2 pairs of Tamiris boots from local footwear shop in Haddington, and the black pair has widen on the right foot and its obvious and so uncomfy on my foot, and the anti shock absorbers in the heel feel as though have gone away in less than a week, yet the other boots are perfect and have kept there shape and comfort , is this right for just having them for a week, had to leave them in the shop in haddington till the owner seen them . I bought tamiris boots 3 years previous and have had 3 winters out of them and this year have had to get rid of them can i stop payment going through on my credit card as feel as though it a waste of my pension money
do - 20 November 2011 @ 8:22 AM
vaxhall recalled my auto astra for a radiator problem it went to garage to have a replacement radiator fitted end of jan 2011 now it has gone to garage again they found out vauxhall sent out a faulty radiator and the coolant fluid has leaked in my auto gear box, and has caused major problems it has to have a new radiator and auto gear box fitted, it has been in the garage for repair but none as yet has said who is liable for the repair, how do i stand legaly with this nightmare.
ginger nut - 14 November 2011 @ 7:25 AM
Hi
I bought a wedding dress online and it turned up and was poorly made, to big and had tears in the material.the websites return policy states that if you want to return an item as long as you contact them within 7 days and do not alter, remove tag etc you can obtain a return form.I requested this and they said i had to email pictures, i did this.2 weeks later of daily emails, they still will not give me the return address and have said they will give me 35% of the dress price not the retail price.the dress cost me £200 am I entitled to my full refund? thank you for your help
kbell - 19 October 2011 @ 3:48 PM
purchased 2x2str sofa +1 chair 1x2str sofa +1 chair returned 2 days later. left with 1x2str sofa faults started to develope 8 in all and was reported to them aprox 12 days later. They are not willing to give me a refund so i am left with goods that are not up a reasonable standard.
muller lloyd - 15 October 2011 @ 4:25 PM
If they arranged the delivery/collection on both occasions then they should refund or replace the item as the transit damage was beyond your control.
ConsumerRightsExpert - 12 October 2011 @ 10:39 AM
My daughter bought a computer tower from a large on line seller which developed a fault within two weeks.She contacted them and as it was within 28 days she asked for a refund.They said that the item must be returned, the fault checked and then they would decide the course of action.They arranged for the computer to be picked up from her home address.They acknowledged receipt of the computer but said it had been damaged in transit which made any warranty void and that they were going to return the damaged computer to her and no further action taken.My daughter purchased the item on a credit card.She is at her wit's end as she can't afford this.Does she have any legal comeback?Would be grateful for any advice.
Julie - 11 October 2011 @ 9:47 AM
I ordered 2 items online worth £60. when they arrived they were damaged as postman had bent to fit through the letterbox. I contacted the shop and they told me to claim compensation directly from post office. is this my responsibility. I popped into local post office who told me maximum compensation is £46 and if the sender hasnt paid extra for insurance you're not likely to get anything. What are my rights?
bronte - 28 September 2011 @ 10:21 PM
I purchased a Matsui Freezer two years ago. I had one repair within six months. It's now not working properly.Freezing food at the top - and nothing at bottom.Resulting in food being thrown out. What rights (if any) do I have.I did not take out an extended warranty.
me - 24 August 2011 @ 9:34 PM
I purchased a car which turned out to have forged service history and other reasons to return it to dealer which I did. I then pursued refund through the courts and was awarded £6700.The dealer then went bankrupt, so no money.I now wish to at least have the car which he has taxed and insured and is using for himself.Police say that it is a civil matter even though the car is registered to me and I have the original bill of sale.How do I go back to court to obtain judgement for him to return the car to me.
robbie - 21 August 2011 @ 12:35 PM
I bought a Jumper from a uniform shop and after two days noticed it had a hole in the arm pit ,so I returned it and the shop have said they are going to repair the jumper. I want a new one or a refund why should I have a repaired item when it's only two days old I am not happyam I within my rights to have a refund or replacement even if the item has been washed?
loulou - 17 August 2011 @ 7:34 PM
I bought a bathroom suite and installed from Bathstore last February.On May 28th I noticed the both side of basin unit sweeled up reported to the bathstore spoked to sales consultant and sent photos of the unit.He agreed to a replacement and recieved June .I have a long discussion with the same plumber who installed our bathroom suite Iam not happybeingcharged£150 yet again as i paid him £2400 for his job on our 4 months old bathroom,to take out the the sweeled up basin and assembled and installed the replacement basin unit according to him there's nothing to do with his work ,claim the money back frombathstore who supply the faulty basin unit.
I send an email last requesting for my money back as cost of labourwithin 5 days time.I had a word with the managernd he refused to pay back the cost of labour.Please help.
MARIA T BASFORD - 3 August 2011 @ 8:35 PM
I bought a new pair of (Faith) shoes from Debenhams costing £32. On my fourth day of wearing for work the heel tip broke off.I took them back to Debenhams on my next day off, which was the following week. The dept manager would do nothing and so I asked to speak to her superior who would not come downstairs to see me.She then relented and suggested she give me a discount of £8.I wanted a relacement or my money back.I got neither.Any suggestions what I do next, apart from writing to HO.
lindy - 30 June 2011 @ 5:17 PM
I recently bought sofas 2 months ago. I have recently just noticed that there is a slight tear on the side of one of the sofas which definately has not been caused by myself.
The only thing I can think of being the cause is that the delivery drivers decided to open the packaging outside on the road rather than inside the house or maybe the product was already damaged prior to the delivery.
I had contacted the retailer about this and the retailer came back to advise that they had contacted the manufacturers and that the manufacturers had advised them that the damage is not a manufactoring fault.
I have since then quoted the sales of good act to the retailer but they have now chosen to ignore my emails.
What are my options now and what further action can I take in order for the retailer to resolve this issue?
ss - 30 June 2011 @ 9:37 AM
Brought a lens 2 months ago from Camerabox which developed a fault where picture quality very poor,contacted Camerabox refused to engage then have temp ceased trading.My credit card company are saying to me that i need to supply them with an independent report on buisiness headed paper to prove what the fault is.
How should i reply to this bearing in mind why should i have to prove the fault im happy to send the lens to them and them to get the report done
Clyde - 25 June 2011 @ 9:07 AM
Hello I purchased an ATM savings bank from a retailer on Amazon which was faulty, I contacted the seller who responded the next day where they stated they would get in contact with me properley. But they have since not answered emails or request for a refund and not given their returns address. What should I do please advise?
Lola - 8 June 2011 @ 1:39 PM
I bought a shed from Argos which has had many replacement lids and clasps as they keep snapping and breaking.The shed has now gone up in price and Argos won't replace the shed without me sending in the difference in money.Do Argos have to replace like for like regardless of the cost?
Thanks
outrun26 - 27 May 2011 @ 5:06 PM
My wife purchased a handbag about 6 weeks ago. She knew it had a mark on it and purchased it cheaper because of this. The receipt was marked non refundable but the lining inside handbag has split and fraying. Where does she stand in returning it as it's not fit for purpose ?? Your comments would be greatly appreciated
Tell - 27 May 2011 @ 7:08 AM
Under the Sale of Goods Act, you are entitled to a replacement, repair or refund. Since it cannot be repaired you could try asking for a replacement for a similar model, but the retailer can choose to give you a refund instead. A refund would only be for the amount you actually paid.
ConsumerRightsExpert - 25 May 2011 @ 1:57 PM
I bought a printer-scanner from a major supermarket at a reduced price just before xmas.A fault has occurred and can't easily be fixed.The shop say they no longer have the model in stock anywhere in the UK and have offered me a refund.If I buy a replacement (same model) it will cost me a lot more than I paid for it. Am I entitled to have the replacement cost refunded or does the shop only require to give me the original reduced cost.
scoosh - 24 May 2011 @ 6:39 PM
As it's still very new (less than one week) and it wasn't broken through misuse, you should expect a repair or replacement. If the body was lost and you could not find it - then that was down to the item being faulty rather than you being careless so it shouldn't make a difference.
ConsumerRightsExpert - 24 May 2011 @ 10:22 AM
I recently (one week ago) got a vivienne westwood charm from the shop online, this was the bear charm retailing at quite an expensive price, one week later and the bear charms body has come off and is nowhere to be seen i simply have the head on the piece that attaches it to the bracelet. I have emailed them and stated that the head has come away from the body, however i haven't mentioned that the part is missing, i have all receipts and packaging, would i be able to return this for an exchange/repair despite this not being how i received the item? any hel0p would be great.
jadbotch - 23 May 2011 @ 4:14 PM
I purchased an engagement ring with diamonds in it, and within 6 months one of them had fallen out. I took it back to the shop and after almost 3 months of arguing, that I had damaged it even though I could not see the damage (we took a photo before taking it back, and they also sent a photo), and they could not show it to me. They decided that it was accidental damage, and repaired it because they had had it for so long. Less than 6 months later, it has happened again, I believe the ring is faulty, and I'd like a refund, but how many time to I have to give them chance to fix it?
Dee - 20 May 2011 @ 10:23 AM
I have a 6 month old washer dryer which has been repaired 4 times in 2 weeks and is still faulty(will not drain water)I have been told a 5th visit is required when I really want a replacement.How far will this have to go before a replacement can be given
craig - 19 May 2011 @ 6:14 PM
Hello everyone. I have a query about shopping on Internet auctions. Recently I bought at auction a number of pallets of goods from the consumer returns from one of the DIY shops. I understand the importance of 'consumer returns', before I was in many other places selling such merchandise so I know what you should expect. On offer was also a list of the goods. After paying for the goods and the parcel I received the first batches. It was a huge surprise. Damaged goods on pallets, not suitable to sell, whether to repair, part completely different than the list. Some items date to the production of tens of years back with signs of many years of use, rusty, no packaging, they look like would be stored outside. But as I saw a used building materials (wall tiles, etc) I was terrified. How can you sell something like this? This part that I received did not resemble customer returns. Looked like from a recycling center. So my question is this, if I can return the product and get back the money which I paid for it? What are the chances and, possibly, what should I do? I refused the rest of the parcel because what I saw on the first is enough. Thanks for the reply.
DJeco1 - 15 May 2011 @ 10:46 PM
Can I get a refund? I purchased a brand new computer from company selling on a well-known auction site last June 2010 and in January this year things started going wrong with it. It was returned and fixed, sent back to me but the same problem occured so it was returned again and finally after 3 weeks of the company trying to fix it again I was sent a new computer (a different casing model), but internally supposed to be the same. Nearly 3 weeks after I had received the new one I started having the same problem as the first computer. I thought possibly a 'one off' and it wouldn't happen again. Since then the same problem has occured on 2 more occasions (this week). I have looked into the problem that is occuring ( as I get an error msg) and it seems to be a fault with the make of graphics card inserted. Would I be entitled to a refund as this is the second computer I have had with the same problem? I have no faith in the company I purchased the computer from and a replacement would possibly have the same problem. I look forward to hearing from you.
MrsJM - 15 May 2011 @ 7:24 PM
Hi "Minnie" (Julie Graham) just read your comment about your sofas & im having major problems with mine!! - dont suppose you purchased yours from HARVEYS by any chance?? (I bought MARRAKECH G-plan , 2 seater & footstool) let me know Dawn (auroradawn)
auroradawn - 23 April 2011 @ 7:28 PM
CAN I GET MY MONEY BACK?
I purchased a double mattress at a cost of £300 and within 6 months the mattress started to sink on both sides. i contacted the company and asked for a refund, i was refused, i was offered a replacement but they had to take photos of the mattress, i felt it was being called a liar, they did this, got my replacement but would not gibe me a new receipt, I told them unless I get some sort of proof that you have replaced the item then the deal is off, they gave me a replacement receipt. so here we are nearly 4 months down the line and the mattress is starting to sink, I do not want a replacement as the same will happen again, they told me I can change the mattress for a different make and any money they owe me would go towards it, is that a credit note? question is am I entitled to get my money back? I have accepted their way and to me got a poor service from them.
trev - 14 April 2011 @ 8:57 AM
I purchased two leather sofas and received them 12 months ago.I made a complaint to the store to advise them that the arms are not filled correctly causing bagginess and pitting the owner of the company did call out to see the sofas and asked us to leave it with him and that he would get I touch with the manufacturers. After around two months of waiting I chased the distributors for a response without any success and it has now turn out that the company I purchased it from has finished trading. I eventually managed to locate the manufacturers in Poland who gave me a uk agent for me to contact and to explain the situation. I also sent images of the problem although it didn't really give a good result and the outcome is that the manufacturers have told me because of it's age this is normal. Since hearing this I have sent them another messages to say the problem with the sofa's has been like this from receipt of delivery and infect one of the sofa's has not been used and you can clearly see the fault. I look forward to hearing from you with hopefully another option I can try.
Kind regards
Julie graham
Minnie - 5 April 2011 @ 8:11 PM
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