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Renfrewshire Community Plan 2008 - 2017 Trading Standards Frequently Asked Questions
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Here are the most frequently asked questions that trading standards receive, and their answers:
- What rights do I have if I buy faulty goods in a shop?
- How long is a 'reasonable time'?
- What about services rather than goods?
- Must I produce a receipt to get a refund?
- What if the retailer tells me to get lost?
- What if the retailer repairs goods but they remain faulty?
- If I cancel an order can I get my deposit back?
- If the supplier cancels an order for some reason, can I get my deposit back?
- My mum bought me a new computer for Christmas and I think its faulty. The retailer says I have no contract with him and no rights ... what's the position?
- In what circumstances will I not be entitled to a refund or to exchange the goods?
- What if I buy goods in a sale?
- I bought a new dress for a wedding but I've lost weight and it doesn't fit, can I get a refund, I haven't worn it?
- Can I take second-hand goods back if they are faulty?
- If I return goods do I have to accept a 'credit note'?
- What rights do I have if I buy goods privately from an individual?
- I bought goods which are faulty but the retailer won't refund and pointed out a 'no refunds' notice.
- If I signed an "acceptance note" when I received the goods does this mean I lose my rights if something goes wrong?
- Does a warranty or guarantee give me any special rights?
- I bought a TV a month ago and it blew up - the retailer says they'll send it to the manufacturer under his warranty, is that OK?
- What if the goods delivered by the retailer are faulty? Am I responsible for the cost of taking the goods back?
- I bought a computer monitor at a fair and the seller said it had a 30 day warranty... I thought I should get a 1 year warranty with all electrical goods?
- Is it worth buying goods with a credit card?
- If I have bought something on credit can I cancel it?
- I signed a credit agreement, but did not realise how long it would take to pay. Can I get out of it?
- I saw goods marked at a low price in a shop but the retailer refused to sell them to me. Can he do this?
What rights do I have if I buy faulty goods in a shop?
When you buy goods from any trader you have certain rights automatically written into the contract. The goods must be:
- of satisfactory quality, covering for example the appearance and finish of goods, their safety and durability and their freedom from defects (even minor ones) - except where they have been pointed out to you before purchase.
- fit for their purpose.
- as described, complying with any description applied to them during the sale.
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How long is a 'reasonable time'?
If you want to reject the goods and claim a full refund this should be done as soon as possible. The Sale of Goods Act 1979 (as amended) provides that you have accepted the goods once you have had a reasonable opportunity to examine them. If you wish a refund, the burden of proof is on the consumer (i.e. you) to prove there is a manufacturing defect.
If you would rather accept a repair or replacement, the trader must be advised of the fault within 6 months of delivery. It then becomes the trader's responsibility to prove the goods were not faulty on delivery, as the law assumes they were.
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What about services rather than goods?
Under the Supply of Goods and Services Act 1982 (or Common Law in Scotland) the contractor must supply goods of satisfactory quality. Under common law he must provide the service agreed upon with reasonable care and skill and within a reasonable time. If the cost was not agreed beforehand the price must also be reasonable (i.e. in accordance with the normal practice in the trade or profession). The person or organisation may be a member of a trade association or other professional body, be regulated by an official watchdog or by an Ombudsman, and they may have a Code of Practice. You will be able to complain to them or sue the trader for compensation.
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Must I produce a receipt to get a refund?
Not necessarily - what you do need is proof of purchase. This could be a credit card statement. However having a receipt will make your task much easier, and it is obviously the best proof of purchase you can get, so look after it until you are sure that the goods are OK.
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What if the retailer tells me to get lost?
If the retailer refuses to assist and you feel you have a good case, you must take action. If you need help challenging a retailer, contact Consumer Direct.
Ultimately, you can raise a Small Claims Action in your local Sheriff Court for a small fee as long as the amount claimed is under £3,000. You do not require legal representation in Small Claims Actions. See our Going to Court page for further advice.
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What if a retailer repairs goods but they remain faulty?
You have the same rights as before you agreed to the repair - let the shop know you are reserving the right to reject the goods when you agree to the repair attempt. Alternatively you can ask for a replacement if the repair is unsuccessful - you do not have to accept further attempts to repair. You should give the shop a reasonable opportunity to repair goods - especially if the fault is minor and the goods can be put into a satisfactory condition bearing in mind their age and use. Repair and replacement have to be carried out within a reasonable time scale and without significant inconvenience to the consumer. For example, if you think that four weeks is too long to wait for a repair to your washing machine you can request a replacement immediately.
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If I cancel an order can I get my deposit back?
Probably not. Most deposits are not returnable. If you cancel an order, then you are in breach of contract, and the seller could be entitled to keep your deposit as compensation for your breach. However, it would have to be a reasonable amount, bearing in mind the expenses likely to have been incurred by the retailer.
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What if the supplier cancels an order for some reason, can I get my deposit back?
Yes, you are entitled to have your deposit returned. If the supplier cancels an order he will be in breach of contract and should return any money you have paid. There may be terms in your contract which allow him to keep some, or all, of your deposit in certain circumstances, however these terms will probably be unenforceable under the Unfair Terms in Consumer Contracts Regulations 1994.
You are also entitled to have your deposit returned if you have asked the trader to arrange finance for the purchase of the goods, and your application has been rejected by the finance company.
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My mum bought me a new computer for Christmas and I think that it's faulty, the retailer says I have no contract with him and no rights...what's the position?
Strictly, the contract for the sale of the goods is between the seller and your mum - she will have to take the computer back. Generally a lot of stores would deal with you if you have proof of purchase, out of goodwill. The Sale of Goods Act states the seller's liability is strict, therefore the seller is required to assist your mum if there are any defects.
If you are having difficulties with the retailer or if he has gone out of business you can then legally enforce the terms of guarantee with the manufacturer. Another course of redress may be through the finance company. If you have entered into any credit agreement or have paid by credit card then section 75 the Consumer Credit Act 1974 provides that the finance company is jointly liable for any breach of contract or misrepresentations made for purchases over £100 and less than £25,000.
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In what circumstances will I not be entitled to a refund or to exchange the goods?
- If the goods are faulty but you have held on to the goods for too long before returning them, you may be deemed to have 'accepted' them. However you would still be entitled to a repair, or (if this causes significant inconvenience or cannot be done) an equivalent replacement.
- If the goods are faulty and you were told about the fault before you bought them.
- If you have damaged the goods yourself, either by ignoring advice about using them or through lack of care.
- If there is nothing wrong with the goods and you have just changed your mind. (Some shops may agree to accept the return of the goods as a gesture of goodwill).
What if I buy goods in a sale?
If you buy goods in a sale your statutory rights still apply. However, if the retailer draws specific defects to your attention then you have no rights in relation to those defects.
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I bought a new dress for a wedding but I've lost weight and it doesn't fit, can I get a refund, I haven't worn it?
No. You are not entitled to a refund if there is no fault.
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Can I take second- hand goods back if they are faulty?
Yes. When you buy second-hand goods you have the same rights as when you buy new. However, you must remember that you cannot expect the same quality or durability from second-hand goods.
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If I return goods do I have to accept a 'credit note'?
No. You can insist on the full repayment of your money providing the goods are faulty or not as described. If you accept a credit note you will not be able to exchange it for cash later if you cannot find anything else in the shop that you like. However, if you have merely changed your mind about an item, the seller might offer you a credit note as a goodwill gesture in which case you may wish to accept it. However, some credit notes last for a limited period so check this before you accept it.
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What rights do I have if I buy goods privately, from an individual?
Sale of Goods legislation does not apply wholly in this situation, although goods will still have to meet any description given by the seller or you can take action for breach of contract. You should beware of traders who pretend to be private sellers in order to avoid statutory liabilities - if you suspect a private seller is really a trader contact us and we will take appropriate action.
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I bought goods which are faulty but the retailer won't refund and pointed out 'no refunds' notice.
Notices like that are illegal and it's not possible for traders to exclude liability for faulty goods. Contact us and we will take appropriate action.
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If I signed an 'acceptance note' when I received the goods does this mean I lose my rights if something goes wrong ?
No. You are entitled to a reasonable time to check the goods for faults and as long as you return them within a reasonable time, you should be entitled to the return of your money.
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Does a warranty or guarantee give me any special rights?
A warranty or guarantee should give you rights over and above your statutory ones, but read it carefully to check what it covers. If a guarantee comes with a registration card you may have to fill this out and send it off before you are covered. The guarantee should tell you how to make a claim. Guarantees do not affect your normal statutory rights and are in addition to them. A guarantee is now legally binding on the person offering it and can be enforced through the Small Claims Court. This is particularly helpful if the retailer has ceased trading as it allows you to sue the manufacturer.
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I bought a TV a month ago and it blew up - the retailer says they'll send it to the manufacturer under his warranty, is that OK?
Yes, if you are prepared to accept a repair. However, after such a short period of time you could well be entitled to reject the television. If you agree to accept the repair and this is unsuccessful you would be entitled to a replacement.
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What if the goods delivered by the retailer are faulty? Am I responsible for the cost of taking the goods back?
No. If the goods were delivered to you then it would be reasonable to expect the trader to uplift them at no extra cost to yourself. However, you may have difficulty forcing a trader to pick up faulty goods which he does not want you to reject. You would also be entitled to a refund of any delivery charge if you are rejecting the goods and claiming a refund. If you are accepting a repair or replacement then the retailer has to bear any costs, such as transporting the goods.
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I bought a computer monitor at a fair and the seller said it had a 30 day warranty...I thought I should get a 1 year warranty with all electrical goods?
There is no automatic entitlement to a warranty although most reputable manufacturers will offer at least a year on their products. However as mentioned above, a warranty is in addition to and does not affect your statutory rights under the Sale of Goods Act.
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Is it worth buying goods with a credit card?
Yes. If the goods cost more than £100 but less than £25,000 then the credit card company is equally liable for any claim you have against the seller. This can be particularly useful if the retailer has gone out of business.
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If I have bought something on credit can I cancel it?
You can usually only cancel a credit agreement if it was made with the supplier in person, and if the agreement was signed 'off trade premises', for example if it was signed at your home. Otherwise you do not normally have an automatic right to cancel. The agreement will tell you whether you have a right to cancel and how much time you have in which to do it.
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I signed a credit agreement, but did not realise how long it would take to pay. Can I get out of it?
No. It is up to you to read any documents you sign. Once signed, a contract is binding, so make sure you understand it before you commit yourself. Remember there may be additional terms and conditions on the back of the contract, and do not be afraid to ask questions. Never sign a blank agreement or one that is not filled in properly.
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I saw goods marked at a low price in a shop but the retailer refused to sell them to me. Can he do this?
Yes. A retailer is not bound to sell you anything. He is making an invitation to treat (i.e. inviting you to make an offer for the goods) and the invitation can be withdrawn at any time. However, price indications should not be misleading. If they are, it could be an offence under the Consumer Protection Act 1987 and you should contact us for further investigation.
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If you require further consumer advice, or to make a complaint about a trader, please contact our partners, Consumer Direct on 08454 04 05 06, or visit the Consumer Direct website.
Alternatively, you can complete the following form and submit direct to Trading Standards:
Consumer Complaint Reporting Form (PDF - 604kb)
Contact us
- email: ts.es@renfrewshire.gov.uk
- call in or write to us at:
- Renfrewshire Council
Environmental Services
Trading Standards
Renfrewshire House
Cotton Street
Paisley
PA1 1BR
