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.
If you're unsure whether your specific situation is covered by these legal protections, you can quickly find out using our free Faulty Goods Rights Checker.
For anything purchased after October 2015 the Consumer Rights Act will apply. This act encompasses:
The Sale of Goods Act 1979
The Supply of Goods and Services Act 1982
Unfair Terms in Consumer Contract Regulations 1999
In general the information below still applies but read more about the new act here
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.
Find out your legal rights on a faulty product in less than a minute.
Try our Faulty Goods Rights Checker free, here on this site →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.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
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.
any thoughts please
This seems ridiculous as they could just send a new one and have me return at the same time. I would be left without a hot tub for an unspecified amount of time till they send a new one. This seems frankly very unreasonable.
Can I request a replacement rather than repair?
I have lost confidence in product can I insist on a different different make and model of log burner?
With thanks
This Debenhams have refused to replace stating they are not responsible, and if faulty I should have checked on delivery, despite the issue being on the inside of the chair. There is no other damage to the chair supporting misuse, and it had only been used occasionally in the manner intended.
Is the onus not on Debenhams to prove misuse or accidental damage? Is this not a tactic to avoid their duty under CRA?
We bought a house with a newly fitted kitchen with a 15 year guarantee. We had no intention of replacing it or changing it. All the doors have started to delaminate. The well known company have agreed that this is occurring but can not replace like for like. In fact they can not replace the doors at all because their cupboard sizes have changed and they no longer hold stock of this particular door. This kitchen was bought in 2012 and came with a 15 year guarantee. They are offering monetary compensation but no figure has yet been offered. They are stating that they are only liable for the doors, not the carcases or side panels etc. but as a consumer I am left with a whole kitchen I am now left to replace because of their faulty doors. Surely I should not have to foot the cost of replacing everything apart from the doors because of their faulty goods, this is not fair. What costs am I entitled to claim for? I will have to replace the whole kitchen, pay for it to be fitted, I've just had a new floor that will be ruined, the time and hassle to arrange this etc. I'm looking at thousands of pounds of costs. Please can you give me some advice. Also even though the guarantee says they are only liable for the doors I believe I'm entitled to a fairer resolution under consumer law - why should I be out of pocket by such a large amount because of their faulty goods?
The second machine is even more faulty than the first!
I bought this item as a refurbished product with 12 month warranty.
I do not want another machine from them, I would like a full refund.
What are my rights?
Thanks Toby
Now Currys are finally responding to me they are telling me that they:
"reserve the right to confirm the fault through the channel of the authorised service agent (in this instance Samsung). From there you would be eligible for a refund/exchange."
Is this accurate? Do I need to get a Samsung engineer to confirm the washing machine is faulty before I can claim a refund?
Offered new crank at cost price refused this but offered to take it free and i would bear cost of fitting. Told no they have now passed complaint to manufacturer
It's a large showroom retailer - and I'm in no doubt we have a case to get it replaced, but it's no longer in it's original packaging and even if they replace it, we've got to spend another day assembling it. I could do with some help and advice please!
Many thanks
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