Your Rights
If you have bought goods from a trader, they must be:
Of satisfactory quality; fit for their purpose; as described. If you buy secondhand goods from a trader the same rules apply but you have to think about the age of the goods. Obviously the older they are, the more wear and tear you must expect. Try to keep any receipts in a safe place in case you need them at a later date.
Important ! If you have damaged or misused the goods, you have no rights at all.
• Your rights cannot be taken away by anything written in notice, a receipt, a warranty or a guarantee.
• Fair wear and tear is not a fault.
• You have no rights if you simply change your mind, chose the wrong size or type of goods for your needs or gave the trader the wrong information.
• If you buy goods privately you have less rights.
If you shop online or by phone, fax, mail order or digital television, the law calls this “distance selling” and gives you a 7 day cooling off period and also the right to be given clear information before you decide to buy. You are entitled to a refund if the goods have not been delivered in 30 days and any payments by credit card are protected against fraud. If you feel that you have been unfairly treated, a Consumer Advisor from Consumer Direct 0845 4040506 or www.consumerdirect.gov.uk or CAB will be able to help you.
When the goods don’t meet any of these three golden rules:
• If you have used them a few times within a short period or haven’t had a reasonable opportunity to check them, you are probably only entitled to a refund for a major fault, a number of minor faults or a serious misdescription.
• If the fault is only minor and can easily be put right, it is reasonable to accept a repair. This doesn’t stop you claiming a refund if the repair turns out to be unsatisfactory. If you received the goods after 31 March 2003, you may be able to claim a replacement, unless this would be disproportionate to the cost of a repair, if you are willing to accept the goods in their damaged condition, you should be entitled to a reduction in price.
• If you have used them more than a few times or have had a reasonable opportunity to check them, you are probably only entitled to a repair, which should be carried out within a reasonable time period and should restore the goods to a satisfactory condition. If not, you are entitled to compensation. This could be a sum of money or the cost of having someone repair the goods for you.
• If the goods cannot be repaired you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the goods.
• If the goods have damaged anything else or you are out of pocket in any other way, you may be entitled to compensation over and above the price of the goods.
• Remember, if you are entitled to a remedy it is the trader who must sort out the problem. The trader may tell you to go to the manufacturer but they have no legal obligation towards you.
