Advice to consumers

Frequently Asked Questions (cont)

Information and advice to consumers. When you buy goods from any business you have certain civil rights.

Can I get my money or deposit back if I change my mind?

No. Under the law a trader only has to refund your money if the goods are faulty or not as described. You have entered into a contract, and if you have just changed your mind and want your money back the shop is under no legal obligation to refund it to you.

As a matter of company policy and to retain customer goodwill many traders will let you exchange items or offer a credit note, but they are not obliged to.

Similarly, if you have left a deposit you are agreeing to a contract and unless it is stated on your receipt, or on a notice in the store, it is not refundable unless the store is unable to fulfil it's part of the contract.

It's broken and the Guarantee has just expired. What are my rights?

When you purchased the goods you entered into a contract with the Retailer not the Manufacturer. This contract is governed by the Sale of Goods Act 1979 (as amended) which says that you are entitled to expect the goods to be of "satisfactory quality". This means they should not be faulty or unsafe, and be reasonably durable etc. The Act gives you rights for up to 6 years.

You can claim "reasonable compensation" which is usually the cost of a repair (or the goods being repaired by the retailer).

However, the retailer may argue that any fault is a result of fair wear and tear in which case you would need to prove that it is not, perhaps by obtaining an independent expert opinion. Ultimately you might have to prove your case in Court. If you had to pay for an expert opinion you can claim the cost of this as well as the refund.

I have received a gift but it's faulty. What are my rights?

Historically, as the contract for the sale of the goods is between the seller and the purchaser, only the purchaser could exercise rights in respect of faulty goods. Most stores will deal with the receiver of a gift, if they have proof of purchase, out of goodwill.

A recent change in the law has said that third parties, clearly identified at the time of sale, will have rights under the contract too. Therefore if you purchase a gift you should let the seller know at the time of purchase, telling them the name of the receiver of the gift. If possible, get the fact you have advised them acknowledged in writing, perhaps by getting an appropriate note written on the receipt.

The goods I ordered are late arriving. What can I do?

Traders are only required to deliver goods within a "reasonable" time so it would be necessary to take the matter to court to decide whether the time that has elapsed is unreasonable. If it is the contract to purchase can be cancelled.

If you feel an unreasonable time has passed you should "make time of the essence" by writing to the company, quoting a fixed date by which time delivery should take place. If this period elapses you would then be entitled to cancel the contract provided you yourself have set a reasonable time limit (eg. don't write and demand delivery the next day!).

You can of course avoid the latter stage by making "time of the essence" when you originally make the purchase.

How can I find out about complaints about a service or goods supplied by a private company?

You have basic legal rights when you buy goods or services. The acts of parliament that cover your rights when you are buying goods or a service are the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.

How can you help me?

We may be able to give you free advice on how to complain. We can also investigate false or misleading descriptions or prices.

What does the service do?

• we enforce a wide range of legislation to protect consumers and honest traders
• we enforce laws covering the quality, quantity, safety, price, description of good and services e.g. short measure beer, unsafe toys, falsely described holidays and "clocked" cars.
• we enforce laws to prevent children buying cigarettes, alcohol and fireworks
• we investigate complaints from the public about traders
• we advise consumers and traders about their right and obligations e.g. refunds for faulty goods
• we visit trade premises and projects to make sure they keep to the law
• where appropriate, we warn or prosecute traders

How can I help you?

• when you contact us, have all your paperwork with you, which is relevant to the issue you are enquiring about
• keep all original documents and items in a safe place in case they are need in future
• if you write to us, please give us your daytime phone number, if you have one
• if you reply to our letters, please use our reference number
• please let us know about any developments in your case

Who else can help me?

Firstly contact Trading Standards.

If the company is a member of a trade association, they are likely to set service standards. You should contact them - they may run a mediation service.

Contact Details

Consumer Advice and Information in Solihull, is now provided by our partners at Citizens Advice. The Citizens Advice consumer service provides free, confidential and impartial advice on consumer issues. If you do need support or assistance from Trading Standards, you will of course be referred to them by Citizens Advice.