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.
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.
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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I bought on log burner and fireplace and after two months notice a crack in one panel and a crumbling n the second.The person who fitted says we have caused the danage banging logs against the side.Only had about six fires and non were really big. The fitter has told me to go back to the manufacturer.They had to change the back plate as it cracked when fitting.Where do we stand as they say the panels are not covered by the warrenty?
Janette - 1-Apr-23 @ 2:57 AM
Hi, got a Denton worktop on my new kitchen 4 years ago and it has a huge crack in it.The kitchen retailer has said it is a fault with the workshop as its guaranteed 25yrs.The Dekton specialist is coming out to assess. The kitchen retailer has said that if it is replaced i would have to pay for the installation work and removal of old. Surely this is unreasonable?Can you advise
Dmevra - 13-Mar-23 @ 6:27 PM
We recently had laminate fitted poorly, as a result having to redo and take responsible person to court as he refused to rectify.We had a 25 year warranty on the laminate, because of the way it was laid the warranty is now invalid.What would be a responsible % of the cost of laminate to claim, now knowing we have lsot the 25 year warranty?
any thoughts please
PHIL - 28-Jun-21 @ 3:08 PM
HI, I bought a Lazy Spa hot tub and after two weeks of use noticed the glue under the material was showing through and badly discoloring it. After posting a review they contacted me and had me send many photos and videos. I jumped through all the hoops and they finally agreed to send me another liner. They however asked me to cut up the liner of the hot tub making it useless and send pictures of it to prove I'd done it.
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.
andyroo - 20-Jun-21 @ 9:47 PM
Hi. Just received a replacement tumble dryer under insurance but it's broken. Who is liable,Domestic and General the insurance company who provided the item,or the manufacturer?
Steve - 29-Jan-21 @ 10:37 AM
I bought a bush electric cooker from argos in August it broke down electric fault techatain came out on20/11/20 keep phoning the copmany thay said they have not received the part yet been left with no cooker since
Sandy - 3-Dec-20 @ 1:37 PM
I have taken delivery of a summerhouse, which has been constructed in accordance with the instructions. However, the door frame and door is far too small and it leaves a 10cm gap.I want to reject it, but do I need to dismantle the item myself and arrange delivery, order is this the retailer's responsibility.
Mick - 2-Nov-20 @ 5:58 PM
I purchased 2 leather sofas in October 2019 to find 6mnths down the line it was peeling and the arms wer cracking they came out to view it they new they was in the wrong now they are sayin wers receipt I sed I haven't got it ow was I to no all this was goin to happen can you pls help
Manda - 16-Oct-20 @ 11:52 AM
I purchased a outdoor table and chair 5 months ago. The table has some warping which has caused the lazy Susan to stop working and the retailer has agreed to refund the table. However they are saying they will only give a partial refund on the chairs and benches as they are not faulty. I bought them as a package, am I within my rights to demand they take the whole lot away and refund me or are they correct? it was sold to me as a full package as one price?
Mike - 23-Sep-20 @ 12:36 PM
Faulty log burner bought on line. Did not notice fault in 30 days.
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
Smithy - 21-Jan-20 @ 7:48 PM
I bought a sofa and two chairs from Debenhams online. Within 3 weeks the internal subframe of one chair broke away. I contacted Debenhams who sent a technician to attempt repair. The technician was unable to repair. In the technician report he has stated frame had failed so unable to repair, but put it down as accidental damage. Tho not stating anything further as to how this would have happened, or any evidence of misuse.
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?
Steve - 25-Nov-19 @ 3:19 PM
Hi,
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?
CC - 13-Aug-19 @ 10:27 AM
I bought a barista coffee machine £349) which became faulty after 4 months, the company collected the machine and sent me another one, absolutely assuring me that this one had been passed their technicians as fully working.
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
Toby Rainland - 22-Jun-19 @ 3:31 PM
We purchased all parts for a new bathroom last August. The toilet seat has a 1yr warranty . The toilet seat and lid is sold as one complete item. The top was sat on two weeks ago and it shattered. (Average weight of an adult). The manufacturer have refused to honour the warranty saying it is not designed to be sat on. The barhroom company are going to just charge cost price to replace it but I feel that as it is sold as a "toilet seat" then the full warranty should stand. Can you give me any advice please
Mrs T - 10-May-19 @ 12:44 PM
I bought a bathroom suite online paid with paypal it had 10 year garantee and 12 months warranty after couple weeks the acrilic was lifting up from bath but settled down after couple baths i have continually had leaks and couldnt find problem until it started leaking through the celing downstairs we took panel off and put water in bath and bath was leaking through the fiberglass i got intouch with them and thay said cant do anything after warranty runs out i argued the toss with them then they said the 10year garantee was for chrome on bath i told them there was no chrome on bath then i sent pics before and after the bath was took oout we had to take the metal rods off bottom to get it down the stairs then they came back with third excuse of there was a puncture in bath so not covered as its accidental damage ! Told them rubish the little hold is there after the metal rod was took off we have had it 5 year and garanteed 10 year (although that changed to the chrome only on bath when there is none )all my floorboards and tiles and flooring now have to be changed is there anything i can do about it now?
Angiepee - 24-Oct-18 @ 8:25 PM
SimonD - Your Question:
I have been struggling to get a refund from Currys for a faulty washing machine. After 8 days we found it to be faulty - switching itself off mid cycle - we reported this to Currys in writing asking for a refund using our short term right to reject. 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?
Our Response:
It it's within 30 days of purchase, you have an automatic right to reject it for a full refund. Stick to your guns and insist on this. After 30 days - but before 6 months, they retailer has to prove that an item is not faulty - and they can ask an engineer to take a look to provide evidence of this; you should not be put to any inconvenience in them doing so.
ConsumerRightsExpert - 12-Sep-18 @ 12:45 PM
I have been struggling to get a refund from Currys for a faulty washing machine. After 8 days we found it to be faulty - switching itself off mid cycle - we reported this to Currys in writing asking for a refund using our short term right to reject.
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?
SimonD - 12-Sep-18 @ 11:14 AM
Purchased bike from tredz. Installed pedals as to their guidelines after 3 rides of less than 40 miles pedal detached whilst riding. Crank destroyed and needs replacing no threads left. Complained to be told my fault that i must have cross threaded the pedal when fitting.
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
Icecream - 22-May-18 @ 11:51 AM
We bought our son a self-assembly fitness trainer for his birthday. He spent almost his entire birthday assembling it, only to find the computerised display doesn't actually work.
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
FumingDavid - 4-May-18 @ 9:35 AM
Richi - Your Question:
Hi, we purchased a VERY expensive fireplace in November, a fault occurred with this at the end of December, and it is only now (end of March) that this is being replaced - just in time for spring, yay! The retailer/installer made some obvious mistakes in installation which gave the manufacturer wriggle room to argue that these mistakes may have caused the fault. I had asked both the retailer and the manufacturer for either guestures of goodwill to compensate us for the inconvenience (the false chimney breast has to come down to replace the unit and we have had to take numerous days off to allow for engineer visits, I also need to paint the chimney breast again). Both retailer and manufacturer have refused to provide any compensation stating the other is at fault. Write it off as experience or take action?
Our Response:
We can't advise on whether you should take action or not, but if you want compensation and the retailer is refusing, then you should try the small claims court.
ConsumerRightsExpert - 28-Mar-18 @ 12:15 PM
Hi, we purchased a VERY expensive fireplace in November, a fault occurred with this at the end of December, and it is only now (end of March) that this is being replaced - just in time for spring, yay!The retailer/installer made some obvious mistakes in installation which gave the manufacturer wriggle room to argue that these mistakes may have caused the fault.I had asked both the retailer and the manufacturer for either guestures of goodwill to compensate us for the inconvenience (the false chimney breast has to come down to replace the unit and we have had to take numerous days off to allow for engineer visits, I also need to paint the chimney breast again).Both retailer and manufacturer have refused to provide any compensation stating the other is at fault.Write it off as experience or take action?
Richi - 26-Mar-18 @ 4:11 PM
I have been married for 3 years, last year one of the diamonds fell out of my weddingring, I took it back to the jewellers, they said the claws were bent, it was replaced, but I had to pay the cost as they said it was over a year so it was out of guarantee. Another 3 diamonds have fallen out of my ring since then, this is just a year after the first diamond fell out, 4 now in total. I don't wear my rings in the shower, in bed or while cleaning. I've also just had a baby so I wasn't able to wear my rings for nearly a year!! I'm just wondering what our my rights? Any advice would be greatly appreciated. Many thanks in advance.
TomoF - 26-Feb-18 @ 10:24 PM
My wife and i bought a leather sofa from well known sofa company. The coloir and leather "coating" is coming off, they came out twice within the first year to repair it. It is now in a worse state than ever. I would like to reject it and have a full refund asit is clealry not fir for purpose,
Dakota1936 - 8-Feb-18 @ 10:00 PM
Hi I bought a new gas fire and surround from a local shop at the end of February, 2017. I Had the fire installed by a gas safe registered engineer at the beginning of March and the fire was used half a dozen times until the weather warmed up, therefore it has not been used for the last 5 or 6 months. We have now come to use the fire and it workeda few times although it took ages for the fire to light but the last time it was used it kept going out, and now although the pilot light works the fire will not light up at all. Do we go back to the shop where it was bought and tell them it isn't working, ring up the manufacturer or ring up the gas engineer who installed it?
Welshdragon54 - 22-Nov-17 @ 3:04 PM
I bought 2 sofas on one the frame at the bottom is damaged the other has damage to 3 separate parts of the leather I phoned the shop the morning after delivery and sent photos of the damage it was 4 weeks b4 someone came to look . I was told both could be repaired but my sofas are 2 tone leather so I was told the arm and right along the back would have to be recoveredtaking 5 to 6 hrs which would be done in my home if they can source a matching leatherfor my sofa. I declined and was told he would send a report and sterling would be in touch in 7 days.What are my rights as to a replacement or refund .we pair £600 deposit and doing interest free creditalthough we could pay that off if it causes more problems .
Teresa - 9-Nov-17 @ 9:41 PM
Seato - Your Question:
I have a tv from a catalogue which I have had to return as it is broken, they want to give me my money back but I want a new tv the same as the returned one, when I looked at the tv in the catalogue it is £100 dearer than 6 months ago. Can I refuse the money and insist on a tv ?
Our Response:
Usually the retailer can choose whether to refund, replace or repair if it's after 30 days since purchase.
ConsumerRightsExpert - 8-Nov-17 @ 12:35 PM
I have a tv from a catalogue which I have had to return as it is broken, they want to give me my money back but I want a new tv the same as the returned one, when I looked at the tv in the catalogue it is £100 dearer than 6 months ago. Can I refuse the money and insist on a tv?
Seato - 7-Nov-17 @ 1:03 PM
I had a kitchen supplied 5 years ago and the vinyl doors are peeling. I contacted the retailer who informed me the warranty at the time was 4 years. They have offered to issue replacements at cost price. The company were fantastic when I had the kitchen fitted, and it still looks great apart from the doors. They advised me that it is the manufacturer who gives the warranty, and that I do have extra protection under the 'Sales of good act', which i found strange. Apparently they have had numerous issues with the vinyl doors and the manufacturers refuse to budge.
Also, i paid for the fitting seperate, although the fitters mainly work for the retailer in question. Does this mean I can claim for the fitting aswell.
Thanks
darby1981 - 3-Nov-17 @ 1:04 PM
Purchased a worktop from b&q along with my new kitchen. We had the worktop fitted ourselves. However, we have used the worktop for two weeks, but around the sink the worktop has warped. But&q have viewed the worktop and stated that they will replace - firstly it's under a 1 year guarantee so they must replace however they have stated that they will not pay for fitting. Surely if this is the retailers fault for a faulty worktop, they should pay for fitting? Why should I be out of pocket
Harriet9494 - 10-Oct-17 @ 9:33 PM
I need some advice please.... I bought a new kitchen from howdens in February 2014 and had it fitted in April... very happy with it unti now... the built in Lamona oven hasn't been working right..only cooking one side.!!! Today I gave it a good clean and saw at the very back down the bottom there is actually a hole.!!! It seems to be corrosive.!!! I contacted howdens to be informed I have to purchase a new one at As the guarantee was two years... can you please advise on my rights...
THANKYOU
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