rights
Sale of Goods Act
When you buy goods (including goods supplied as part of a service), the law gives you certain rights as a consumer. A minimum set of common consumer rights on faulty goods is provided for under the Sale of Consumer Goods legislation.
Existing UK law has been retained but slightly amended, mainly to give effect to specific remedies which, although they have been in use for many years, have not previously been part of the law. These amendments are contained in the Sale of Goods to Consumers Regulations 2002 which came into force from 31 March 2003. These Regulations amended the Sale of Goods Act 1979, which implies certain terms into a contract when you purchase goods, and the Supply of Goods and Services Act 1982, which implies exactly the same implied terms, when you purchase goods as part of a service; for example, the supply and fitting of a new kitchen.
"Consumers" are defined as people who are buying for purposes not related to their trade, business or profession.
When goods are faulty, a consumer can generally obtain a legal remedy against the retailer. Consumers are generally not able to claim directly against the manufacturer. You may have additional rights under guarantees supplied with the goods or against a credit card company or finance house if the goods are purchased by means of credit and have a price of over £100, under S.75 of the Consumer Credit Act 1974.
The law says that the goods must:
•Be of satisfactory quality
•Be fit for the purpose
•Match their description
•The seller must have legal title to the goods i.e. own them, so that "ownership" can be passed on to the new owner
There are a number of things a trader is not allowed to do when they sell you goods. Under the Consumer Protection from Unfair Trading Regulations 2007, which came into force on the 6th April 2008, a trader may have committed a criminal offence if they have done any of the following things
These include:
•Make a written statement that you have no legal rights when you buy goods
•Make a false description about goods
•Make a misleading action or omission
•Sell dangerous or unsafe goods
•Try to charge for goods sent that you didn't order
•Sell short measure or short weight
•Give a misleading price, either in writing or verbally
If you buy goods from a trader and they are not of satisfactory quality, fit for purpose or don't match their description, it is the trader who is responsible for putting things right, not the manufacturer. If a trader tells you the manufacturer is responsible, or that you have to make a claim on a manufacturers' guarantee, you do not have to accept this.
However if you were offered a guarantee (e.g. by a manufacturer or retailer) on a voluntary basis, then under the Sale of Goods to Consumers Regulations 2002, those given free of charge with the product:
•Will be legally binding on the person offering the guarantee;
•Will have to be written in English and in plain intelligible words;
•Must be available for viewing by consumers before purchase, e.g. by advising where they may be seen such as on the internet for those with access; and
•State that they do not affect the consumer's legal rights
If a manufacturer reneged on a free guarantee then the consumer could enforce it in a small claims court. The retailer would not be involved.
Depending on the circumstances, your remedies under the Sale of Goods Act 1979 (as ammended) are as follows:
•To get all of your money back
•To get some of your money back
•To get the goods repaired
•To get the goods replaced
•To get a partial or full refund
•To get compensation for any additional losses incurred
You will not have these rights if:
•There is nothing wrong with the goods - you have just changed your mind about wanting them
•You examined the goods, or a sample of the goods, when you were buying them, and the fault you want to complain about was so obvious that you should have noticed it
•The trader pointed out the defect that you now want to complain about
•You have damaged the goods yourself
•The problem is the result of normal wear and tear
•The goods have lasted for as long as could reasonably be expected
