If Things Go Wrong

If there is something wrong with what you buy, tell the seller as soon as possible. If you are unable to return to the shop within a few days of making the purchase, it is a good idea to telephone to let it know about your complaint. Make a note of the conversation and to whom you spoke.  

If you tell the seller promptly that the goods are faulty and you do not want them you should be able to get your money back. As long as you have not legally accepted the goods you can still reject them - that is, refuse to accept them. One of the ways you accept goods is by keeping them, without complaint, after you have had a reasonable time to examine them. What is reasonable is not fixed; it depends on all the circumstances. But normally you can at least take your purchase home and try it out. If, however, you delay in examining what you have bought, or in telling the seller about a fault, then you may lose your right to reject.  

Note that if you signed an acceptance note on receiving goods this does not mean you have signed away your right to reject. You still have a reasonable time to examine them. Letting the seller try to put faulty goods right also has no effect on your rights - if the repair fails, you still have any right to reject that you had when you agreed to the repair.  

Once you have, in the legal sense, accepted goods, you lose your right to a full refund. You can only claim compensation, and you have to keep your claim to a reasonable minimum. Normally you have to accept an offer to put the goods right, or the cost of a repair. But if the goods are beyond economical repair you are entitled to a replacement, or the cash value of a replacement if none is offered. 

Some goods have manufacturers' guarantees. These are useful when your statutory rights no longer apply. Claiming under guarantees often results in fewer quibbles than relying on your statutory rights, provided you complain within the guarantee period. Use this link for more information on guarantees: http://www.oft.gov.uk/html/consume/useful.htm#guarantees

Do not be put off by traders trying to talk their way out of their responsibilities.  

• The law says it is up to the seller to deal with complaints about defective goods or other failures to comply with your statutory rights. So do not accept the excuse that "it's the manufacturer's fault". But you may have additional rights against the manufacturer under a guarantee. 
• You have the same rights when you buy sale goods as at any other time; the seller cannot get away with notices saying there are no refunds on sale goods. Think twice before you buy from a trader who displays a notice like this. It is against the law, and local authorities can prosecute the trader. Use this link for more information on exclusion clauses:
  http://www.oft.gov.uk/html/consume/useful.htm#exclusion
• You have the same rights even if you lose your receipt. A receipt, however, is useful evidence of where and when you bought the goods. 
• You may be able to claim compensation if you suffer loss because of faulty goods; for example, if a faulty iron ruins your clothes. 

Presents  

If you received the faulty goods as a present, you may have to ask the person who bought them to complain for you, or to authorise you in writing to complain on his or her behalf. Only the buyer has the statutory rights described earlier.  

Returning goods  

You are not legally obliged to return faulty goods to the seller at your own expense. If an item is bulky and would be difficult or expensive to return to the shop, ask the seller to collect it. But this does not apply where you complain about faults after having accepted the goods, or if you got the goods as a present.  

Private sales & auctions  

You have fewer rights if you buy privately (http://www.oft.gov.uk/html/consume/useful.htm#private) - that is, not from a trader - or at an auction. But if you are injured by defective goods, or they cause property damage costing you £275 or more, you have certain rights regardless of how they were bought or whether they were a gift. If in doubt seek further advice: http://www.oft.gov.uk/html/consume/cmpl-adv.htm#help

You have no real grounds for complaint if you:  

• were told about the fault; 
• examined the item when you bought it and should have seen the fault; 
• did the damage yourself; 
• made a mistake when purchasing the item; 
• simply changed your mind about the item. 

Under these circumstances you are not entitled to anything, but many shops will help out of goodwill. It is always worth asking. 

Buying A Service

When you pay for a service - for example, from a dry cleaner, travel agent, car repairer, hairdresser or builder - you are entitled to certain standards. A service should be carried out:  

• with reasonable care and skill - a job should be done to a proper standard of workmanship. If you get a new extension to your house, the walls should not start to crack and the roof must not leak; 
• within a reasonable time - even if you have not actually agreed a definite completion time with the supplier of the service; 
• at a reasonable charge, if no price has been fixed in advance - if the price was fixed at the outset, or some other way of working out the charge was agreed, you cannot complain later that it is unreasonable. Always ask a trader how much a particular job will cost. The trader may only be able to make an informed guess at the cost and give you an estimate. If you agree a fixed cost it is usually called a quotation. A fixed price is binding whatever it is called. 

Where materials (such as bricks or wallpaper) are used in the provision of a service, or the service involves fitting goods (such as double-glazing or radiators), the materials and goods are covered by the same statutory rights as when you buy them directly.  

Whether you are buying goods or services, it could be worth checking, before you part with your money, whether the business or person providing the service is a member of a trade association. Membership does not guarantee satisfactory work, but if anything goes wrong, it could make it easier to get things put right. In some sectors trade associations are very active and have codes of practice. If a trader does adhere to a code of practice this may also benefit you if a problem arises. 

Unfair Contract Terms

You are not bound by a standard term in a contract with a trader if it unfairly weights the contract against you. This applies particularly to exclusion clauses:
http://www.oft.gov.uk/html/consume/useful.htm#exclusion. 
But a new law means that, in contracts concluded since 1 July 1995, other kinds of unfair small print are also covered.  

Examples include  

• penalty clauses and (except in special circumstances) terms which give the trader the right to vary the terms of the contract (for instance, by increasing the price) without you having the right to withdraw;
• terms which try to stop you holding back any part of the price of goods or services if they turn out to be defective, or prevent you from withdrawing from the contract while allowing the trader to do so; 
• terms which allow the trader to dishonour promises, for instance, ones made by salesmen; or
• terms which try to stop you being able to go to court over a dispute.

The new law applies to standard terms - those you have not negotiated yourself - in contracts for goods and services that you buy as a consumer. Terms that define what you get and how much you pay are not covered unless they are unclear. So the law cannot be used to argue that a contract does not represent fair value for money.  

It is for the courts to decide if a term is unfair. If you think a term is unfair and you do not wish to be bound by it, you may wish to seek advice from your local trading standards department or citizens advice bureau. You can also write to the Director General of Fair Trading. When he receives a complaint about a term, if he considers it unfair he can take action in court to stop its use in future contracts. He cannot, however, get involved with individual cases.  

Further guidance, particularly on what terms are, and are not considered unfair can be found in the regular bulletins produced by the Unfair Contracts Team Unit.

Consumer Safety

It is an offence for a supplier to sell goods unless they are safe. This applies to both new and second-hand products, but not to antiques or to goods needing repair or reconditioning, providing you were clearly informed of this fact. If you believe you have bought unsafe goods, you should contact the trading standards department of your local authority. Prompt action may help prevent accident or injury to other customers. 

Other Issues

Misleading Prices:

It is a criminal offence for traders to make misleading price claims about goods or services. For example, "Was £120. Now £99.99" is misleading if the goods or services have never been provided at the higher price. It is also misleading if a trader fails to show hidden extras, or to make it clear when a price is conditional on, say, another purchase. If you consider that you have been seriously misled about a price tell your local trading standards department and ask it to investigate. 

Untrue Claims

It is a criminal offence for a trader to say or write something which is untrue about goods or (in some circumstances) services. For example, if a car is said to have run only 20,000 miles, or the dry cleaner offers a 24 hour service, these statements must be true. If you feel you have been seriously misled, tell your local trading standards department. 

Estimates & Quotations

When you need or want to have a service done, find out in advance what it will cost by getting an estimate or a quotation. An estimate is generally a rough price, while a quotation is normally a fixed price. Make sure you know which you are getting and ask for it to be put in writing. Check whether prices quoted include VAT. 

Goods on order from a shop

If you order something not in stock or which requires delivery, such as a new suite of furniture, you may agree a date by which you must have it. It is a good idea to get this in writing. If the goods do not arrive on time you can refuse to accept them. If you do not need the goods by a specific time, you could ask for an estimated delivery date. But even if you do not agree a delivery date the seller must still deliver in a reasonable time. If you think enough time has passed and do not want to wait any longer, tell the seller. Say that if the item has not come within a certain period (14 days might be reasonable) you want your money back. But if you agree at that point to wait longer - say an extra month - you cannot cancel in that time.  

When you order something, you and the seller should agree a fixed price. You may agree that if the cost of the goods goes up before delivery, you will pay the increase. In some instances the cost may not be known. Whatever the situation, make sure you know where you stand, preferably in writing. 

Mail Order

You have the same statutory rights when you buy through mail order as when you buy from a shop, but there are other things you need to consider. Be particularly careful when giving your credit card details over the telephone that you are dealing with a reliable trader.  

Goods should be delivered within a reasonable time, usually 28 days or as specified in the advertisement. If the goods do not turn up you can cancel the order and ask for your money back. But if you agree to allow the seller extra time, you cannot cancel until that time is up.  

The law allows you a reasonable time to examine the goods. Do this as soon as you can and if they are faulty send them back immediately with a note explaining the problem. Keep a copy of your note. It is also advisable to get a proof of postage certificates from the Post Office. Most mail order catalogues have special arrangements for the return of goods. In other cases, the company should reimburse you for the cost of returning the goods.  

If you order through an advertisement read it thoroughly before placing an order and keep a copy. If you cannot keep a copy, note the advertiser's name and address, where and when the advertisement appeared, when you posted your order and any other.details, such as charges for postage and packing.  

Try to avoid sending cash in the post. Use credit cards, cheques or postal orders. If you have to send cash, send it by registered post.  

If ordering from a book or record club, make sure you know what commitment you are making. Find out exactly what you have to buy and over how long in order to qualify for the introductory offer.  

Most newspapers and magazines have mail order protection schemes (MOPS). These cover you if you send payment in advance for goods in response to an advertisement, and the firm goes out of business before you get the goods or a refund. You can write to the publication's advertising manager for help.   

National daily newspapers  
Mail Order Secretariat  
National MOPS  
16 Tooks Court  
London EC4A 1LB  
020 7405 6806

Magazines  
Periodical Publishers Association  
Imperial House 
15-19 Kingsway  
London WC2B 6UN  
020 7379 6268

Regional & local papers  
The Newspaper Society  
74-77 Great Russell Street  
London WC1B 3DA  
020 76367014

Scottish daily newspapers  
Scottish Daily Newspaper Society  
30 George Square 
Glasgow G2 1EG  
0141 248 2375

Many mail order companies belong to trade associations which may offer ways of resolving problems. Look for a trade association logo in advertisements or catalogues.  

If you receive goods through the post that you have not ordered, you do not have to accept them. Write to the firm explaining that you do not want the goods. If they are not collected within 30 days, they become yours. If you do not write to the firm, put the goods to one side, unused. After six months they will become yours. A firm which demands payment for unsolicited goods could be breaking the law. If you come across this problem contact your local trading standards department. 

Direct Mail

Many items bought by post are in response to direct marketing through catalogues, newspapers, magazines, inserts, postal advertising sent to you by name or hand delivered, or as a result of advertisements appearing on television, radio or posters. Some people are happy to receive the offers for goods or services which come through the letterbox. Others find them a nuisance and would prefer not to receive them. If you do not want to receive this sort of mail, you can ask for your name to be deleted from direct mailing lists by writing to the Mailing Preference Service. It may take up to three months for the unwanted mail to stop arriving. 

Telephone Sales

Many companies now use the telephone to promote their goods and services. If you would like to reduce the number of sales calls you receive, contact your telephone company and ask to register with the Telephone Preference Service. If you regularly receive unwanted calls from the same company write to it and ask it to stop. It is legally obliged to do this. If the calls keep coming you can take it up with the Office of Telecommunications (Oftel).

More details on the law: These pages can only give a basic guide to consumer law. Copies of the legislation are available from HMSO

Office of Fair Trading, Tel: 08457 224 499

Consumers Association: www.which.net

National Consumer Council: www.ncc.org.uk 

Thanks for the info - now take me to a fair deal on PCs