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Legal Advice - Your Rights IF Things Go Wrong


Your Rights 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.

If you signed an acceptance note on receiving goods this does not mean you have signed away from 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 may still have the right to reject the goods.

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.

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.
  • Receipts don't have to be issued and they are not necessary to make a claim, however, it is useful evidence of where and when you bought the goods. Other evidence could be a copy of a cheque, credit card slip, etc.
You may be able to claim compensation if you suffer loss because of faulty goods, for example, if a faulty iron ruins your clothes.


 


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