Is the trader right?
Check if these common responses are correct:
"If you haven't got a receipt I don't have to do anything."
WRONG
As long as you have proof that you made the purchase from that trader you can make a claim.
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"There is nothing wrong, I don't have to do anything just because you have changed your mind."
RIGHT
The trader does not have to make any offer merely because you have made a 'bad buy'.
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"Yes the goods are faulty but I don't give refunds, only credit notes."
WRONG
If the goods are faulty you are entitled to a refund or repair. Only accept a credit note if you are not legally entitled to anything, as once you have accepted it you are stuck with it.
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"I don't give cash refunds on credit notes."
RIGHT
A credit note is a credit for goods, once accepted you have to use it as such.
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"I can exchange it for you but I don't give refunds."
WRONG
If the goods are faulty you are entitled to a refund or repair. If you prefer to accept a replacement that is up to you.
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"Can't you see the notice, No Refunds. I don't have to do anything."
WRONG
If you see such a notice tell us, it may be illegal and it certainly doesn't mean anything.
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"The problem is due to wear and tear and is not a defect. You will have to pay for any repair."
RIGHT
Fair wear and tear is not a fault and you would be expected to pay.
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"If it doesn't fit that's not my fault."
RIGHT
If you didn't make sure the goods fitted before you bought them you are responsible. If they are marked with an incorrect size that would be a different matter.
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"I don't have to provide fitting rooms."
RIGHT
It is your choice whether to buy from somewhere without changing facilities.
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"You have to contact the manufacturer under the guarantee."
WRONG
Any guarantee you have is in addition to your statutory rights which are against the trader.
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"The guarantee has run out so you will have to pay."
WRONG
It doesn't matter if the guarantee has run out if the goods are inherently faulty. However, the longer the time between purchase and fault the more difficult it would be to prove the fault inherent.
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"I want an opinion from the manufacturer."
RIGHT
This is a reasonable request especially if the trader disputes the fact that the problem is a genuine defect.
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"The goods were in the sale so there is nothing I can do."
WRONG
Even if the goods were in the sale your rights are the same unless the goods were reduced for a specific reason and that is why you are complaining.
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"The goods are second-hand, what do you expect?"
WRONG
Your rights are the same, however you must take into account age, price etc.
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"The parts have to be imported so the repair will take some time."
RIGHT
As long as the repair is done within what would be considered reasonable for the type of repair the trader is correct.
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"The fault was pointed out to you before you bought it. I do not have to do anything."
RIGHT
If you knew about a problem you cannot later complain.
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"You'll have to go back to the manufacturer."
WRONG
Your statutory rights are against the seller.
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"You didn't buy it, I don't have to deal with you."
RIGHT
Only the purchaser has rights against the trader but in reality most reputable traders will not bother.
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"You didn't complain within 7 days so I don't have to do anything."
WRONG
This is company policy and not a fixed legal time limit. You must however act as soon as possible.
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"I can exchange it for you but I don't give refunds."
WRONG
If the goods are faulty at purchase you are entitled to a refund.
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This page was last updated on 21 September 2006
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