Buying Goods
Your Rights
The Sale of Goods Act 1979 says that goods should be as follows:
Of satisfactory quality. This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer may be liable for any statements made by the manufacturer about the goods.
Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)
Fit for the purpose that goods of this type are generally sold. They must also be fit for any specific of particular purpose made known to the seller at the time of agreement.
As described - goods should correspond with any description applied to them.
When are you not entitled to anything?
- If you were told of any faults before you brought the goods.
- If the fault was obvious and it would have been reasonable to have noticed it on examination before buying.
- If you caused any damage yourself If you made a mistake, e.g. you don’t like the colour, it is the wrong size etc.
- If you have changed your mind about the goods, or seen them cheaper elsewhere.
What are you entitled to ask for?
If the goods are faulty at the time of sale, you are legally entitled to request one of the following remedies:
- A full refund.
- Repair or replacement.
- Rescission or reduction in price
- Compensation (Damages): The amount of compensation may be based on the cost of repair, or if that is not possible, compensation may be based on the purchase price with an allowance for usage.
Guarantees
If the trader of the goods provides a free guarantee with the goods, this creates a contractual obligation by the guarantor.
If the manufacturer fails to honour the guarantee, you could sue the trader for the promise he/she makes. A guarantee is extra to your rights under the sale of goods act. In some circumstances, you may have a claim under the guarantee, but find that a claim under the Sale of Goods Act would be difficult to prove, or visa versa.
You may also in some circumstances have a claim against both, and therefore have a choice of who to claim against. If you are unsure seek advise from your local trading standards service.
A trader is under no obligation to provide a guarantee, and if they do, they can specify any time span, for example six months, twelve months etc. They can also specify what is to be covered by the guarantee, and exclude certain parts, or wear and tear. They cannot, however, take away any rights you would have under the Sale of Goods Act.
Returns Policies
Some retailers make a promise out of goodwill that they will issue refunds for unused goods within a time period, for whatever reason. This creates additional useful rights for consumers.
Sale Goods
You have full rights under the sale of goods act. However, if the goods were reduced in price because of a fault that was either brought to your attention at the time, or if you examined the good and the defect would have been obvious to you, you would not be able to have your money back later for that particular fault.
How to protect yourself on internet websites
- Check the seller’s reputation.
- Look at any feedback posted by previous buyers.
- Ask questions before purchasing
- Look at sellers terms and conditions
- Beware of vague ambiguous descriptions
- Consider how you are going to pay.
Top ten tips for safer on-line shopping
1. Be careful when you give your credit/debit card details on the internet. Always find out whether the company has a secure site by looking for the closed padlock sign a the bottom of the screen, and look for information about the protection the company has put in place.
2. The trader must give their name and geographical address, not just a PO Box number, and not just their e-mail address. They must also fully describe the good for sale and orders must be confirmed in writing.
3. As with any other type of purchase, shop around for the best deals and prices. In most cases, you are entitled to a seven working day cancellation period where you can change your mind.
4. Watch for high postage rates and for other hidden costs, such as VAT and other duty payable, particularly if goods are being sent from abroad.
5. Try to get personal recommendations for companies you have not done business with before. Alternatively, you can get help and advice from specialist organisations, such as Trust UK. Trust UK is an organisation endorsed by the UK government which enables consumers to buy online with confidence. You can visit their website at - www.trustuk.org.uk
6. Remember goods being sent from abroad may take some time to be delivered. Check with the trader how long this will take, and set a delivery date that you must have the, by, if that is important. Where no delivery date has been agreed, delivery must be within thirty days. Goods and services ordered from the UK and European countries will be covered by the ‘Distance Selling’ regulations
7. Check what the company’s policy is on returning goods that you don’t like or have changed your mind about, find out who pays for the return postage. If they have come from abroad, you may be faced with a hefty postage bill to return them. Refunds must be made within thirty days.
8. On the subject of buying from abroad, remember that if you have problems such as faulty goods or non-delivery, it might be very difficult to get your complaint dealt with. Although your contract will probably be covered by UK law - allowing you to sue in your local court - getting money out of a company based abroad may be impractical. If possible, pay by credit card as this may give you additional protection in some circumstances.
9. For that reason, be wary of buying very expensive items from companies outside the UK or Europe unless you know them well - that way, if things do go wrong, you limit the risk
10. Most importantly, print out the order, and keep and terms and conditions that appear on the website, just in case of any disputed or problems later on.
