A Consumer Guide to Buying Goods and Services
Problems with goods
When you buy something, you and the seller make a contract. It doesn’t have to be in writing. It does mean that if you have a problem the seller, not the manufacturer, has a duty to sort it out for you.
The goods you buy must be fit for their intended purpose, must be as described and must be of satisfactory quality.
You may be entitled to reject the goods and claim a refund. Alternatively you may be in a position to ask for a repair or a replacement or a price reduction.
Be careful with any offer of a credit note. Once you have accepted one you cannot change your mind later.
You are not entitled to anything if you damage the item yourself; you knew about the problem or should have noticed it when you bought the item; you get it as a present or it simply isn’t what you want.
If something you buy causes damage i.e. a washing machine makes holes in your clothes, you may be able to claim compensation for them.
Shops must not put up signs saying "NO REFUNDS". If you see one tell your Trading Standards Office.
Problems with services
When you have jobs done the person doing the work for you has a duty to carry out the work with reasonable care and skill, at a reasonable price and within a reasonable time.
With prices it makes it easier to agree a firm figure beforehand. An estimate is an informed guess. A quotation is a firm price.
If you see a sign saying something like "No Responsibility for Loss or Damage" it may be worthless. This is an ‘exclusion clause’ and can be challenged. In no circumstances can anyone exclude liability for death or injury.
The Public Services - Gas, Electricity etc. have consultative and regulatory bodies who may help with a problem.
Extra information to help you
Some shops and trades people belong to ‘trade associations’. Some associations have codes of practice which provide extra help and protection for customers.
When you order goods for delivery you can refuse to accept them if they do not arrive on time. If no definite delivery date is agreed and you feel you have waited long enough you must introduce your own deadline in writing to the seller before you can cancel and get any money back. Prices at retail outlets should include VAT in the total price. If VAT is increased by the Government you may have to pay such an increase on goods ordered but not yet delivered.
Deposits left are not automatically refundable if you cancel the agreement. The seller can keep your deposit as damages.
Possible problem areas
When you buy second-hand goods from a trader you must expect bad points as well as good but if someone sells something as a working appliance and it doesn’t you may be able to claim the cost of a repair.
If you buy anything privately the only rule that must apply is that the item must be as described. Other than that it is a case of ‘buyer beware’.
If you buy from an auction then the rules of the auction apply and they can limit your rights. The item you buy must comply with its description but it doesn’t have to be free from defects.
How to complain
If you have to complain:
- Do so as soon as possible
- Stop using the item
- Take it back if you can provide some proof of purchase
- Speak to someone in authority, get a name, especially if you have to use the phone
- Write and confirm your problem
- Keep copies of your letters, consider sending them recorded delivery
- Do not part with originals i.e. receipts, send copies
- Keep calm
- Be prepared to be reasonable in an attempt to resolve your complaint as quickly and amicably as possible
How can we help?
- Our Fair Trading Officers can give impartial advice on your rights
- Pass possible criminal complaints to the Trading Standards Enforcement Section
- Provide leaflets and draft letters for your assistance when pursuing your complaint
- Write or contact retailers on your behalf where appropriate
- Give advice on taking a claim to the Small Claims Court if necessary
This page was last updated on 3 October 2009
