Refund, repair or replacement –
what am I entitled to?
When you buy goods from a trader or when goods are supplied as part
of a service, you enter into a contract which is controlled by many laws
including the Sale of Goods Act 1979 and the Supply of Goods and
Services Act 1982. These laws give you certain (sometimes referred to
as statutory) rights under this contract. Goods should be:
 of satisfactory quality - this means that goods should meet a
standard which a reasonable person would regard as being
satisfactory, taking account of any description applied to them,
the price (if relevant) and all other relevant circumstances.
Satisfactory quality also includes the appearance and finish of the
goods, their safety and durability and whether they are free from
minor faults.
 as described - goods should correspond with any description
applied to them
 fit for any purpose that is made known to the trader - goods
must be fit for their general purpose and any particular purpose
that a consumer makes known to the trader at the time of buying
the item For example if you buy a sleeping bag it must work as a
sleeping bag. If you make it clear before you buy that you need it
for -40 degree conditions and the trader states it will be suitable
then it should be fit for that purpose.
You are legally entitled to a refund, replacement or repair if goods do
not conform to the contract, in other words are not of satisfactory
quality, fit for purpose or as described, but which remedy should you
claim?
In the guide
When am I entitled to a refund?
When am I entitled to a repair?
When am I entitled to a replacement?
Repair/replacement did not resolve the problem - what am I entitled to?
How long do my consumer rights last for?
Does this mean that all goods should last six years?
I have a warranty/guarantee - Do I have to claim under this?
CA63 07/15
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The trader is refusing to help me - what should I do?
Off premises/distance sales - what am I entitled to?
Rights to redress – what can I claim?
The goods I bought on credit are faulty – what are my rights?
When am I entitled to a refund?
If you have not in the legal sense 'accepted' the goods, you are entitled
to reject them and claim a refund. Acceptance usually takes place after
you have had the goods for a reasonable period of time without telling
the trader that you are rejecting them or if you have altered or
customised the goods in any way. Rejection means informing the trader
that the goods are faulty and you do not want to keep them. The period
during which you can reject the goods is not clearly defined in law and
can depend on the type of goods you have purchased and the facts of
the case. If you want to reject the goods you should:
 stop using the goods straight away
 contact the trader as soon as possible – online, by email, in
writing or in person
 explain the problem to the trader
 inform the trader that you have your proof of purchase, usually
your receipt
For example, if you bought a watch and it stopped working after a
couple of days, you should explain the problem to the trader and
request a refund. The trader may want to examine the watch. You
should also produce your proof of purchase if it is requested.
If you have owned the goods for more than a reasonable time without
rejecting them or you altered/customised them, you may lose your right
to reject them for a full refund, but other remedies may be available to
you. For example, if you bought a watch then took it elsewhere to be
engraved with your name but it stopped working after a couple of days,
you may have lost your right to reject it as you have altered it. You are
however still entitled to expect that it works. Your remedy in this
instance is likely to be repair.
If you want to reject the goods for a refund but the trader refuses to
refund you, then the onus is on you to prove that the goods are faulty
and that the trader is at fault.
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When am I entitled to a repair?
If you have 'accepted' the goods and you discover a fault, you can ask
the trader to repair it free of charge. This repair should be carried out by
the trader within a reasonable time and without significant
inconvenience to you. If a repair would be impossible or
disproportionately expensive, then the trader may offer a replacement
or another remedy such as a partial refund. For example, a cheap
electrical item may cost more to repair than it would to replace.
Even if you have not accepted the goods, you could still opt for a repair.
If the repair does not resolve the problem, you could still reject the
goods for a refund.
When am I entitled to a replacement?
If you have 'accepted' the goods and you discover a fault, you can ask
the trader to replace them within a reasonable time and without
significant inconvenience to you. For example, if the sofa you have
purchased develops extensive structural faults, repairs may be costly
when compared to the cost of replacing it. If a trader states that
replacement will be disproportionately costly, then you could allow them
to carry out a repair, remembering that you still have the remedies of
replacement, or partial refund if repair does not resolve the problem.
Again, even if you have not accepted the goods, you could still opt for
replacement. If the replacement does not resolve the problem, you
could still reject the goods for refund.
Repair/replacement did not resolve the problem - what am I
entitled to?
If the repair or replacement take too long, causes you significant
inconvenience or cannot be carried out, you are entitled to a reduction
in the purchase price, a full refund or more likely, a partial refund based
on the use you have had out of the goods. It is worth noting that the law
does not require you to accept three repairs as some traders may say
before claiming another remedy. The nature and number of repairs are
determined by the facts of the individual case.
How long do my consumer rights last for?
The Limitation Act 1980 states that you have the right to take action
against a trader for up to six years after the goods were supplied if they
develop a fault. It is highly unlikely that you would be able to claim full
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refund as 'acceptance' would have taken place but the law gives you
the right to claim one of the other remedies.
Does this mean that all goods should last six years?
No. Your expectations about how long the goods should last in normal
use must be reasonable. The trader is not liable for fair wear and tear.
Goods sold on the basis of their long-lasting durability which develop a
fault, could give rise to a claim against the trader for a much longer time
than cheap 'disposable' goods.
I have a warranty/guarantee - do I have to claim under this?
No. You are not legally obliged to make a claim under the warranty or
guarantee. A guarantee, warranty or extended warranty is additional to
the legal rights you have as a consumer and must not affect those rights
in any way. Check the terms and conditions of the guarantee, warranty
or extended warranty as well as establishing what rights you have in law
before deciding who to claim from.
The trader is refusing to help me - what should I do?
If the trader refuses to deal with your complaint or tells you to contact
the manufacturer, distributor or importer, you should inform them that
they are responsible and that you are entitled to expect that they deal
with your complaint and arrange a suitable remedy. In some instances,
the trader may wish to consult with their supplier, especially if the nature
of the fault is in dispute, but this does not affect your claim against the
trader.
If your complaint about faulty goods has led to a dispute with the trader,
contact the Citizens Advice consumer service for advice on your rights
and how to proceed. Please see our 'Is the trader right?' leaflet for more
information (http://www.derbyshire.gov.uk/images/ca22_tcm448176.pdf).
Off Premises/Distance Sales - what am I entitled to?
When traders sell goods, services and digital content away from their
business premises, such as on your doorstep, in your home or at your
place of work (off premises contracts) and without face-to face contact
with you (distance contracts) they must comply with the Consumer
Contracts (Information, Cancellation and Additional Charges)
Regulations 2013.
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You have the right to cancel most distance and off premises contracts
and the cancellation period is 14 days. Traders must give you certain
information before they make a contract with you. They must get your
clear agreement if they want to charge you for 'extras'. Telephone
helplines must only be charged at the basic rate. There are clear rules
on delivery and the point at which you become responsible for the
goods. If the trader sends you 'unsolicited' goods (goods that you have
not ordered) you can keep them and you do not have to pay for them.
Please see our ‘Buying at home – off premises contracts explained’
(http://www.derbyshire.gov.uk/images/ca66_tcm44-250629.pdf) and
‘Buying by internet, phone and mail order – distance contracts
explained’ (http://www.derbyshire.gov.uk/images/ca66_tcm44250629.pdf) leaflets for more information.
Rights to redress – what can I claim?
If you enter a contract because a trader misled you or because the
trader used an aggressive commercial practice, the Consumer
Protection (Amendment) Regulations 2014 give you rights to redress –
the right to unwind the contract, the right to a discount and the right to
damages. Please see our ‘Misleading and aggressive practices – your
rights to redress’ leaflet for more information
(http://www.derbyshire.gov.uk/images/ca69_tcm44-254318.pdf).
The goods I bought on credit are faulty – what are my rights?
If you paid for the goods on finance arranged by the trader or if you paid
for goods using your credit card and they cost more than £100 but less
than £30,000, you are protected by the Consumer Credit Act 1974.
Section 75 of the Act makes the finance/card provider as responsible as
the trader for a breach of contract or a misrepresentation. This could
include supplying faulty goods, non-delivery of goods or making false
claims about goods. You are entitled to take action against the trader,
the finance/card provider or both. If you are unhappy with the
finance/card provider's response then you can complain to the Financial
Ombudsman Service (http://www.financial-ombudsman.org.uk/). Please
see our 'Your Rights When Buying on Credit' leaflet for more
information (http://www.derbyshire.gov.uk/images/ca09_tcm448194.pdf).
Relevant Legislation
Sale of Goods Act 1979
(http://www.legislation.gov.uk/ukpga/1979/54/contents)
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Supply of Goods and Services Act 1982
(http://www.legislation.gov.uk/ukpga/1982/29/contents)
Limitation Act 1980
(http://www.legislation.gov.uk/ukpga/1980/58/contents)
Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013
(http://www.legislation.gov.uk/uksi/2013/3134/contents/made)
Consumer Protection (Amendment) Regulations 2014
(http://www.legislation.gov.uk/uksi/2014/870/contents/made)
Where can I get further help?
This leaflet is not an authoritative interpretation of the law and is
intended only for guidance. Any legislation referred to, while still current,
may have been amended from the form in which it was originally
enacted. For further information please contact the Citizens Advice
consumer service, which provides free, confidential and impartial advice
on consumer issues. Visit www.adviceguide.org.uk or call the Citizens
Advice consumer helpline on 03454 04 05 06.
If you are a business, contact us by any of the following methods:
Derbyshire Trading Standards Service
Chatsworth Hall
Chesterfield Road
Matlock
Derbyshire
DE4 3FW
Telephone: Call Derbyshire 01629 533190
Fax:
01629 536197
Website:
www.derbyshire.gov.uk/tradingstandards
We want everyone to be able to understand us. On request, we will
arrange:
 Language interpreters, including for sign language
 Translation of written materials into other languages
 Materials in large print, on tape or in Braille.
To ensure that you are looking at the most up-to-date version of this
leaflet, please visit our website at
http://www.derbyshire.gov.uk/images/ca63_tcm44238483.pdf
or telephone us on 01629 536166.
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