Our top ten questions
1. Do I have to accept a credit note?
It depends on why you have taken goods back to a shop.
If you have returned goods because you don't want them but there is nothing wrong with them then you are not entitled to anything. It may be better to accept the credit note rather than get stuck with an item you don't want. However, if you are entitled to a refund then DON'T accept a credit note, if you do you will have accepted the shop's offer of resolving your problem and will not be able to change your mind afterwards.
2. Am I entitled to a refund if something I bought without trying it on doesn't fit?
No.
Even if the shop doesn't have changing rooms you have chosen to shop there and must accept the responsibility of making sure that what you are buying is suitable for you. The only occasion you would be entitled to a refund would be if the garment had the wrong size marked in it.
3. Is there a difference between an estimate and a quotation?
Yes.
An estimate is just that - an estimated guess at the price although it should be an informed guess which should not vary by much. A quotation should be a precise amount of what you should be paying.
4. If something I have bought is faulty right away do I have to accept a repair?
No.
If you buy something with a defect - provided it is one which you could not have known about - you are entitled to reject the item and request a refund. You can if you prefer accept a replacement or a repair but think carefully before you decide as you will not be able to change your mind later if you have decided unwisely.
5. I've had something for some months now and it has stopped working. The shop have offered a repair. Do I have to accept this?
Probably yes.
When you buy something, you have a short time to see if it is OK. Once you have had a period of use out of something, even though it might seem to be quite a short period, the law says you have accepted it and you lose your right to reject it. You may however be entitled to ask for a replacement, repair or price reduction.
6. What is the difference between my statutory rights and my guarantee?
Your statutory rights are given to you by an Act of Parliament. They cannot be taken away which is why you will see statements saying things like 'this does not affect your statutory rights'. These rights come from Acts of Parliament like the Sale of Goods Act and the Supply of Goods and Services Act.
Your guarantee is given to you as a gesture of faith that the product will function correctly for a certain period of time. They are voluntary things which is why they can vary in the length of time they are valid for and what they do and do not cover.
7. I automatically have a 12 month guarantee don't I?
No.
Guarantees are voluntarily given to you, usually by a manufacturer, as a gesture of faith that what you have bought will work for the length of time they have guaranteed it for. Because they are voluntary they can be given for any length of time and can be worded so that they cover all or certain parts of the item concerned i.e. 3 months parts only; 6 months parts and labour. Guarantees can also state that if you are claiming under the guarantee you must follow certain rules such as sending the item in question to an appointed agent. Always read guarantees carefully, they are a useful addition to your statutory rights.
8. The law says I have 28 days to change my mind about something I've bought doesn't it?
No.
Any companies who offer a period of time in which you can change your mind about a purchase are doing so merely as a gesture of customer goodwill. It is their company policy and not a legal requirement. Legally once you have bought something, unless there is something wrong with it, you have no period of time to change your mind (unless it is connected with a finance agreement when the rules may be slightly different).
9. I've signed a credit agreement at my local garage and now I've changed my mind. I have a 'cooling off' period don't I?
No.
Not if you have signed the agreement on trade premises such as a garage. You only have a 'cooling off' period in law if you have signed the agreement away from trade premises such as in your home. This is to protect you from high pressure salesmen who you might not be able to get rid of, but when you are in a shop or garage you always have the option of walking out.
10. A salesman came to my door and stayed for ages so to get rid of him I agreed to buy from him but I don't really want the item. Can I cancel?
If the salesperson was 'cold calling' i.e. without a specific request from you for a visit, then by law you have 7 days in which you can cancel. The salesperson should really leave you a proper 'cancellation notice' telling you of your rights. If you decide to cancel telephone the company but also confirm any call in writing.
This page was last updated on 24 October 2007
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