The Sales of Goods Act, Unfair terms in Consumer Contract Legislation and the Supply of Goods and Services Act, was replaced on 1st October 2015 for with the Consumer Rights Act 2015 (it does not apply to services bought before this date). The new Act consolidated and updated some existing laws whilst also strengthening and simplifying the process for the shopper (but does not apply to items being purchased in connection with a business or from a wholesalers).
The legal principles remain the same, ensuring that goods are accurately described, of satisfactory quality and fit or suitable for purpose, but the new legislation has given the shopper more rights regarding repairs, replacements and refunds and now also includes any data supplied in a digital form. This in turn gives both the consumer and the supplier more confidence in transactions and should there be a fault, complaint or need to return a product any disputes will hopefully be quicker and cheaper to resolve.
Whether you are buying an item, digital content or service from a shop or on-line in the UK that is second hand, in a sale, reduced it must be:
- Satisfactory Quality (As described)
- Fit for purpose & last a reasonable amount of time
If you buy something and it does not comply with this, then you have the right to take the item back (usually within 30 days) and get a full refund in most situations or exchange if you’d prefer. Unfortunately, the refund policy does not apply to digital downloads, though you can request a repair, replacement or if that fails to resolve the problem, a price reduction. Under the Limitations Act (Prescription and Limitations Act in Scotland), the law allows you to make a claim for up to six years in England and Wales (or five years in Scotland) after you identified there is a problem with your goods, for a refund, repair or replacement.
However, bear in mind that if you wait too long to return the item you may only be offered a partial refund or an exchange. In addition, if you buy something and change your mind then you won’t be automatically entitled to a refund. The same goes for buying something in the wrong size or colour.
If an item is faulty, then the retailer is responsible not the manufacturer. The trader cannot tell you to go back to the manufacturer.
Shopping with confidence
Vivienne Dews, executive director at the Office of Fair Trading says: “When people are aware of their rights and businesses respect their obligations, consumers can shop with confidence, which is good for them and good for business.”
When returning goods, it’s always best to have proof of purchase – this can be a receipt, or even a statement from your credit card or bank account.
If an item has a minor fault – such as a tear in fabric – then the retailer may offer to repair it. Consumer Direct says this is fair but adds that you can still claim a replacement or refund if the repair turns out to be unsatisfactory.
Remember, if you buy an item for more than £100 on a credit card, then the card provider is jointly responsible with the retailer to refund you should something go wrong.
If you buy over the internet, mail order or over the telephone from a UK retailer then you are covered under the Consumer Contracts Regulations 2013. If purchasing goods, you have 14 days from the day after they arrive to return them. If it is a service or digital content, then you have 14 days which starts from the day after you placed the order.
This does not, however, apply to time-sensitive purchases. Food or other perishables are also not covered.
As of 1st October 2016, you can also claim compensation for poor travel service (mainline train, coach and ferry services).
If you buy something remotely and it is faulty or not as it was described, then you are advised to send it back via recorded delivery and request a refund. You should also be able to request reimbursement for the postage costs. The retailer then has 30 days to refund you in full.
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