Advice to Consumers - buying goods

Advice about buying goods.

Advice and support for consumers in Solihull is now provided by Consumer Direct.
Consumer Direct is a telephone and online consumer advice service, which is supported by local authorities in The West Midlands and by Government.

Consumer Direct works in partnership with Local Authority Trading Standards Advice Services offering first level advice and information on a wide range of consumer issues. More complex problems, or complaints requiring further investigation or assistance are referred to Trading Standards or other advice services

To speak to a Consumer Direct adviser, please call 08454 04 05 06. Opening hours are 8.00 a.m. and 6.30p.m. Monday - Friday or 9.00a.m. to 1p.m. on Saturdays. (Minicom users should call on 08451 28 13 84). To e-mail Consumer Direct, please Contact us via the Consumer Direct website.

A wide range of consumer information and advice is also available online from the Consumer Direct website at http://www.consumerdirect.gov.uk/

What the law says

If you buy new goods from a trader the law says they must be:

Of satisfactory Quality

This means that the goods must work and do their job properly. Also they should normally be free from minor defects, have a reasonable appearance and finish and be safe and durable. But remember that cheaper goods cannot be expected to be as good as something that is more expensive.

Fit for their purpose

This means that if you ask for something for a particular purpose - a carpet for stairs or paint that can be used for radiators - the goods must do their job.

As described

If any description is given - on the packaging, in an advert, by a sample or anything said by a trader - it must be right. If a coat is advertised or labelled as 80% wool, it must have 80% wool in it. If you choose a carpet from a sample in the shop, the carpet supplied must match the sample. If a trader tells you a handbag is leather, it should not be plastic.

Further information

If you buy second hand goods from a trader the same rules apply, but you have to think about the age of the goods. Obviously , the older they are the more wear and tear you must expect.

If you buy new and second hand goods and are told they have specific faults, you are expected to accept them with these faults. If the faults are obvious - a table with a large scratch on it - you are also expected to have noticed and accepted the fault.

If you buy goods in sale you have the same rights that you would have if you have paid the normal price.

If you order goods by post, telephone, fax or via the internet you have seven-day cooling off period during which the contract can be cancelled. If the goods do not arrive within the stated delivery time or within 30 days, you can cancel your order and request a refund of any money paid. Goods which are made to order, or perishable are excluded. This will also include audio/video recordings or computer software, if unsealed and newspapers and magazines.

If the goods become faulty during use your rights depend upon the fault having been present, although maybe not obvious, when the goods were purchased. All goods will be affected by fair wear and tear.

Important

• If you have damaged or misused the goods, you have no rights at all.
• Nothing lasts forever - all goods will wear out in time.
• No notices or small print can take away these rights
• If you buy goods privately you have less rights

What are you entitled to?

• If you have only had the goods for a very short period of time or haven't had a reasonable opportunity to check them, you are probably entitled to a refund for a fault, or a misdescription. If the goods develop a fault after a longer period of time you should then be entitled to a repair or replacement.
• If the fault is only minor and can easily be put right it is reasonable to accept a repair. This won't stop you claiming a replacement, a refund if the repair turns out to be unsatisfactory.
• A repair should be carried out within a reasonable period of time and without causing you significant inconvenience. Any repair should restore goods to a satisfactory condition. If this does not happen you are entitled to a replacement or compensation. This could be a sum of money or the cost of having the goods repaired elsewhere.
• If the goods cannot be replaced or repaired economically you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the goods.
• If the goods have caused damage to your property or you are out of pocket in any other way, you may be entitled to compensation over and above the price of the goods.

Remember, if you are entitled to a refund, replacement, a repair or compensation it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer.

Important

• If you purchase faulty goods or had shoddy work done and paid on credit or arranged credit over the value of £100. You may be able to claim against the finance company.
• You have no rights if you simply change your mind or buy the wrong size or type of goods for your needs.
• You may have no rights if you give the trader wrong information.
• Some goods need to be used and looked after inline with any instructions.
• Fair wear and tear is not a fault.
• If you order goods by telephone, mail order, internet or fax you have seven working days to cancel, except for those goods which are made to order or are perishable.
• Your rights can not be taken away by anything written into a notice, a receipt, a warranty or a guarantee.

How to solve your problem

Once you have decided what your rights are, you will need to take a series of steps to solve your problem. It may seem a long procedure, but it does work.

• If you can, stop using the goods.
• Check there really is a fault - if instructions were supplied with the goods, read them carefully.
• Be certain that the fault was not caused by misuse, an accident, normal wear and tear or by not following any instructions.
• If you can, collect together any instructions, leaflets, packaging etc. which came with the goods. Pack them all up with the goods.
• You may need proof of purchase. If you haven't got a receipt you can use a credit card voucher or a bank or credit card statement.
• You will now need to contact the trader straight away and report the problem.
• For small items, bought locally, visit the trader. Take the goods and any proof of purchase with you.
• If the trader doesn't reply to your letters, refuse to do anything, or makes a final off you are not prepared to accept, you will have to think about going to court. Only a court can order a trader to sort out your problem. This doesn't need to involve a solicitor. You can pick up further leaflets that explain fully the procedure from the Court or from Trading Standards.
• If you decide to take the trader to Court you will to gather evidence to support your case.
• Remember, Court is the last resort.

Before you go to Court, think carefully. Ask yourself:

• Will I be able to find the trader? It is your job to find him/her.
• Have I got evidence. It is your job to prove your case.
• Has the trader got money to pay what the Court may award? It's not worth suing a person or limited company if they have gone bust.

If you have lost money on faulty goods, don't waste more money on a case you cannot win.

Contact Details

Consumer Advice and Information in Solihull, is now provided by our partners at Consumer Direct West Midlands. Consumer Direct is a telephone and online consumer advice service, which is supported by local authorities (Trading Standards) and Central Government. If you do need support or assistance from Trading Standards, you will of course be referred to them by Consumer Direct.