What is a faulty good?
Under the Consumer Rights Act, all products must be of satisfactory quality, fit for purpose and as described.
The rules also include digital content in this definition. So all products - whether physical or digital - must meet the following standards:
- Satisfactory quality Goods shouldn't be faulty or damaged when you receive them. You should ask yourself what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods.
- Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
- As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.
Get a refund, repair or replacement
Make a claim
When did you buy the goods?
The date you made the purchase determines which legislation applies.
- If you bought your goods any time from 1 October 2015, then the Consumer Rights Act applies.
- If you bought your goods on or before 30 September 2015, then the Sale of Goods Act will apply.
Act fast to return faulty goods
Under the Consumer Rights Act you have an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund.
But this right is limited to 30 days from the date you took ownership of the goods (this could be the date of purchase or delivery - whichever is later).After the initial 30 days, you can't demand a full refund in the first instance, but you still have the right to a repair or replacement.
- You have the right to reject your item and get a refund within 30 days of purchase.
- You could also ask the retailer to repair or replace your item within six months of purchase.
- Your rights against the retailer can last for up to six years, but after the first six months the onus is on you to prove a fault was present at the time of purchase.
- You can also use your guarantee or warranty if your product develops a fault.
This right doesn’t apply to faulty digital content. The retailer has one opportunity to repair or replace digital content that is of unsatisfactory quality, unfit for purpose or not as described, before you can claim a refund on a digital download.
After the first 30 days
If you're outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.
You can choose whether you want the goods to be repaired or replaced.
But the retailer can refuse if they can show that your choice is disproportionately expensive compared with the alternative.
If the attempt at a repair or replacement is unsuccessful, you can then claim a refund, or a price reduction if you wish to keep the product.
Can I get a full refund? - the first 6 months
If you've owned the item for less than six months, the retailer must give you a full refund if an attempt at a repair or replacement is unsuccessful.
The only exception to this is motor vehicles, where the retailer can make a deduction for fair use after the first 30 days.
It doesn't matter whether you bought your goods before or after 1 October 2015 - in the first six months from when you buy something, the onus is on the seller to prove it was of satisfactory quality when you received it.
It's not for you to prove that the item was not of satisfactory quality in order to get it repaired or replaced during the first six months after purchase.
Six months or more
If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time of delivery.
In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.
The retailer can also make a deduction from any refund for fair use after the first 6 months of ownership if an attempt at a repair or replacement is unsuccessful.
You have up to six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.
This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.
Was a fault present at purchase?
Which? found that only 13% of people knew that six months after buying a product, the onus is on you to prove a fault was present at the time of purchase in order to claim a refund, repair or replacement.
When we asked people how they would prove a fault was there when they bought the product, 68% said they wouldn’t know how to do this.
The truth is, the law doesn't explain how you can prove this, which can make it problematic when you’re asked to do so.
Guidance has tended to focus on getting an independent report from a repair shop or expert, but this advice dates back to a time when these were a common presence on high streets.
You could be hard pressed to find one now. But it's worth looking in your local area for a repair shop if you need to get an objective opinion.
Here are a few suggestions on what you can do:
- If you can find a repair shop or expert to undertake an independent report, it’s worth doing so as long as the cost isn’t disproportionate to the value of the product. It’s also worth checking that the retailer is happy with your choice of independent expert.
- Are people on social media complaining of the same fault? What about any reviewers or journalists? The more evidence you can collect about the fault and how widespread it is, the stronger your case will be.
- If the retailer fobs you off and tells you there's nothing it can do, you could consider referring your case to the consumer ombudsman.
Tips for getting a complaint dealt with
- Act quickly. You have 30 days from purchase to claim a refund; after this time you may be offered a repair or replacement.
- In the first instance, write to the customer-services department politely and objectively, so you have a written record as evidence. Then escalate if you're not happy with the response.
- Quote the relevant laws.
- Say what you want to happen - refund, explanation or apology.
- Say what you will do if not satisfied with the response, such as going to the relevant ombudsman or small claims court.
Bought before 1 October 2015
If something is not of satisfactory quality, you have a legal right under the Sale of Goods Act to a refund or to have it replaced or repaired free of charge.
You can ask the retailer to do either, but it can normally choose to do whichever would be cheapest.
If the retailer refuses to repair the faulty goods, you may have the right to arrange for someone else to repair them and claim compensation from the retailer for the cost of doing this.
If the retailer refuses to provide any remedy, such as replacing the item, you are entitled to a full refund within the first six months, or you can keep the item and get a reduction on the price you paid.
Should I accept credit notes for faulty goods?
The seller’s returns policy can't require customers to take vouchers where an item has been returned because it is faulty.
The Consumer Rights Act specifies the rights that consumers have if products develop a fault and the seller can’t remove or reduce these.
If the retailer refuses to help
If you're having problems and the shop won't refund, repair or replace your goods, then you should report it to your local trading standards department, as the retailer is breaching your statutory rights.
It's worth telling the shop that you're going to do this, as it could mean your complaint is then dealt with.
If the retailer fobs you off or blames the manufacturer, you might want to take your complaint to the consumer ombudsman.
You could also consider using your guarantee or warranty.
Faulty advice on goods?
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Using guarantees and warranties
Many products, such as electrical goods, are sold with a manufacturer's guarantee (or warranty), often for a year.
Guarantees are a contract between you and the manufacturer, and the manufacturer must do whatever it says it will do in the guarantee.
Usually this will be to repair or replace a faulty item. Retailers will sometimes contact the manufacturer on your behalf, but they are not obliged to do so.
However, you still have rights under the Consumer Rights Act or Sale of Goods Act, even if your guarantee has expired. A manufacturer's guarantee doesn't replace these rights, and retailers can't ignore this.
It will depend on the product and the fault, but you could be legally entitled to a free repair or, in some cases, a replacement by the retailer for some time after the manufacturer's guarantee has expired.
If unsafe products cause death, damage or injury
According to the Consumer Protection Act 1987, anyone who’s harmed by an unsafe product can sue the manufacturer - even if you didn’t buy the product yourself.
You can sue for compensation for death or injury. You can also sue for damage or loss of private property caused by faulty goods if the damage amounts to at least £275.
The amount you can claim will depend on the harm suffered, and there is no upper limit to compensation.
There are also certain criminal sanctions that apply to the general safety of products. For example, a lack of safety information can lead to up to 12 months’ imprisonment and a large fine.
Consumer Protection Act
The first claim under the Consumer Protection Act was not brought to court until 2000. That’s 12 years after the Act came into force.
Since then there have been very few court cases, as it seems most claims are settled out of court.
Take your claim to court
Court should be a last resort and you should do everything you can to resolve the dispute before taking this step.
If all your attempts fail or the retailer doesn't respond, you should ask yourself the following questions:
- Is the trader still trading?
- Do I have a good chance of winning my case in court?
- If I win, will I be able to recover the money from the other side?
- Is the amount at stake worth the cost of the court case?
Anyone considering starting court action in England and Wales (even in small claims) has to follow the Practice Direction on Pre-Action Conduct.
This gives you and the party you're in dispute with clear steps to follow to help you resolve the dispute. And, if this isn't possible the Practice Direction tells you the necessary steps to take your dispute to court.
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