Making a Purchase
Consumer Help is a website dedicated to providing the UK public with updated free advice on a wide range of topics. We ensure that our website contains all the breaking news in real time so you need not look anywhere else. Below is a list of important information that is well worth knowing before you set about making a purchase.
Returning Damaged and/or Faulty Goods to the Retailer
The Act usually associated with the purchase of products is the Sale of Goods Act. This includes the vast majority of purchases from shops, suppliers and websites or catalogue/mail order companies. It goes into depth on both the retailer’s and the consumer’s obligations when returning an item for replacement or partial/full refund.
Your statutory rights
“This does not effect your statutory rights.” You will have heard this term on plenty of occasions but what does it mean? Well, for example one of your fundamental statutory rights is that you can expect the item to be of ‘reasonable’ quality. This includes the purchase of second hand goods. This statutory right is further broken down to avoid any ambiguity as far as possible. These sub-categories include; fitness for purpose specified, freedom from minor blemishes, appearance and finish, safety and durability.
The obligations of the retailer
Despite attempts to avoid, the retailer must replace an item if there is a clear fault within the first 6 months. The retailer will try and avoid replacements by claiming that the fault has been caused by general wear and tear or even misuse and the the advice to the consumer would be to take it straight back to the shop where the purchase was made – they are obliged to put this matter right.
The retailer should offer to repair the item as a primary course of action but if this proves difficult you should then be offered an unconditional replacement with the same statutory rights.
Proof of purchase
Hmmm, an interesting one… Shops often advertise the fact that refunds are possible when the consumer can prove that the purchase was made through that particular company. They will usually ask for a receipt but don’t be fooled. You can provide a bank or credit card statement although if you have made multiple purchases in one go and the amount debited from your bank account is different to the amount of the item you would like a refund on then the retailer may try to hide behind the difficulties in separating the item charges.
Credit notes
If the item is damaged you will usually be able to tell within 2 days whether or not it needs to be taken back. Often the retailer will offer you a credit note instead of a cash refund – something many consumers feel pushed into despite wanting their money back. The fact is that if you have proof of purchase and the item was bought recently you legally and reasonably get that full cash refund.
Where you have no rights
- If you were aware of the defect before you bought it
- If you bought it from a private buyer on a non-commercial basis (i.e. not a shop)
- If you were invited to carry out a thorough inspection of the product and fail to spot a defect which that inspection ought to have revealed
- You simply changed your mind or the item was not appropriate due to colour, size or style
- The item is dirty and the mark can be removed easily at home. This is not the same as damage and shops are not obliged to give you any discount
- Buying seconds or damaged items
- If you are buying seconds, you are still entitled to a product which is undamaged and fully useable. If you knowingly buy a damaged product, the specific defect must be pointed out to you before you buy, and although you cannot then return the item on the basis of that defect, it does not mean you cannot return the item if you discover something else wrong with it – even if they have reduced the price.
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