This should be considered for all new owners
The Sale of Goods Act 1979 as amended
When you buy goods you form a contract between the buyer and the seller which is legally binding and is covered by a law called the Sale of Goods Act 1979. If you have purchased goods, from a trader, that have become faulty or were not as described when you purchased them or are not fit for the purpose for which you bought them read our information below and know your consumer rights.
Your Rights
If you have bought goods you have a right to expect that they should be as described, fit for purpose and of satisfactory quality:
‘As described’ means that it should correspond to any description given about the goods such as the quantity, colour, measurements etc. These descriptions may be verbal statements about the goods, statements in the brochure, on a shelf edge or even on the box.
Goods are of ‘Satisfactory quality’ if they reach the standard a reasonable person would expect taking into account the price and any description.
- The law says that goods that are of satisfactory quality are free from minor defects, have good appearance and finish and are durable, safe and fit for all the purposes for which such goods are commonly supplied.
In addition to being fit for their every day purpose goods should be fit for any specific purpose you agreed with the seller at the time of sale [for example, if you specifically asked for a printer that was compatible with your computer]
If your goods are not satisfactory you may be able to make a claim for up to 6 years in England and Wales and 5 years in Scotland after the purchase of your goods, for a refund, repair or replacement.
You do not have a right to a refund under the Sale of Goods Act 1979 if you have simply changed your mind about a purchase or decided that you do not like it. However, other consumer legislation such as the Consumer Protection (Distance Selling) Regulations 2000 provides other cancellation rights see our buying at home section for further advice.
Claiming a refund
If goods are faulty and you wish to claim a full refund you should contact the trader within a reasonable period of time, this time period is not set out by the law as it will vary depending on what has been purchased and the circumstances of the sale. For instance you may buy a pair of shoes and wear them the next day, and realise they are faulty and return them within a week for a refund. Equally it might be reasonable to buy a pair of skis in a summer sale and not use them until winter and return them for a refund the following season when the fault is discovered. The best practice is to take action and report the problem and ask for a refund as soon as you discover the fault.
When can I get a refund? When will I be entitled to only a repair or replacement?
If you are returning goods that are not of satisfactory quality or not as described and you inform the trader of the problem within a reasonable period of time, you may be entitled to full refund. If you have had some use from the goods or have had them for a while before you take them back you could ask for a repair or a replacement item. You, as the consumer, have the option of which solution you would like, however you must not require the trader to repair or replace the goods if this would be too costly, as compared to another remedy.
If a repair or replacement is not possible for the trader to provide, then you may be entitled to a reduction in the price of the goods to reflect the use up to that point or a refund. These remedies exist alongside the remedies available to you under the general law to terminate the contract for breach of condition and obtain a full refund.
Any remedy that is carried out by the trader must be carried to be within a reasonable time for the consumer and without causing significant inconvenience.
Who do I claim a refund, repair or replacement from?
Your contract is with the trader and not the manufacturer and you should always go back to them to make a claim under the Sale of Goods Act. However if you have paid for goods using a credit agreement like a Hire Purchase Agreement then your rights are different and you should call Consumer Direct for further advice.
If you have paid over £100 for your goods via credit card you can hold both the trader and the credit card company liable for any breach of contract under Section 75 of the Consumer Credit Act. The credit card is jointly and severable liable which means that you don’t have to go to the trader first to make your claim, however in practical terms speaking to the trader may be the quickest way to get your problem resolved. To write a letter to your credit card company claiming a refund for faulty goods click here for a template.
Does the Sale of Goods Act apply to second hand goods?
Yes, however it is important to remember that the law does not expect the same in terms of quality from second hand goods as it does from new goods. For example it might be reasonable to expect wear and tear to be evident in the appearance of the goods and for the durability of the goods to be limited, depending on the age of the goods.
Can I claim a refund on sale items?
The Sale of Goods Act still applies in full but you would not be entitled to a refund if you were made aware of the fault before the sale or if the fault should have been obvious. Also if you simply change your mind about liking the goods you do not have rights under the Sale of Goods Act.
Do I need a receipt to get a refund, repair or replacement?
The Sale of Goods Act and other related legislation makes no requirement on the trader to provide a receipt to a customer at the time of sale so it would be unfair to say that you have to produce one to obtain a refund; however the trader may reasonably request you to provide some proof of purchase and this can be in the form of a credit card slip, bank statement or cheque stub etc.
What happens if there is a dispute that the goods were faulty at the time of sale?
If you make a claim for a repair or replacement of faulty goods within six months of purchase its up to the seller to prove that the goods were not faulty when sold to you. After six months you may be asked to prove that the fault has not been caused by accidental damage or wear and tear and you may want to obtain an independent expert’s report to back up your claim. However independent reports can be costly so before you get one it is important to discuss your proposals with the trader and if possible get prior agreement as to who will cover the costs.
Put your complaint in writing using our Sale of Goods Act Template Letter
Send the letter by recorded delivery and keep a copy of the letter you have sent and any letters that you receive in reply so that you have proof of the correspondence.
What about private sellers, does the Sale of Goods Act apply to them?
The Sale of Goods Act may apply to contracts between private individuals however only parts of it. If you buy from a private individual you can expect for the seller to have the right to sell the goods and for the goods to be as described.
What can I do to claim against the seller if they still don’t honour my rights?
In the UK and Wales as long as the value of the claim does not exceed £5,000 you can file a claim with the small claims court for a modest fee and without the need for a solicitor, your local Citizens Advice Bureau can advise you on how to make a claim, in Scotland in the Sheriff’s court the value of a claim can be up to and including £3,000 you do not need to appoint a solicitor but court and legal fees may apply.
If the value of the claim is over £5000, it may be worth talking to a solicitor about enforcing your claim, Community legal advice Services operate a directory where you can find a legal adviser in your area and can advise whether you may be entitled to legal aid.
OFT's Sale of Goods Act campaign
To increase understanding of the Sale of Goods Act amongst business, the OFT has developed in partnership with business partners The Sale of Goods Act Hub an online training tool for retail staff. The hub will train staff on consumer rights, enabling better and more informed interaction with customers.
For more information please visit www.oft.gov.uk/saleofgoodsact
I hope this will wake you all up
