As a consumer you are entitled to some statutory rights when you enter into a contract of buying a service or product. The Office of Fair Trading is the regulatory body of these rights and they apply to purchasing services or products; over the phone, on the internet or in person.
There are certain rules that retailers have to adhere to. The law states that goods bought must be:
Of satisfactory quality - The goods bought must meet a satisfactory standard to the consumer
As described - Basically if it says it does something then it should. In some cases it may say that it does something over and above what the product can actually do.
Fit for purpose - For example if the seller wants a lawnmower that also collects the grass, then the seller should not sell them one that does not collect grass.
It's important that if there is something wrong with the product that you inform the seller as soon as possible. With a receipt the seller should either offer an exchange, money back if goods faulty or a credit note (it should be noted that you are not obliged to take a credit note).
If the goods are faulty you must be able to prove that the fault was present when the goods were sold. If you agree to let the seller try and rectify the fault this can also affect your statutory rights - make it clear that if it is still not rectified you will be seeking a refund.
When you pay for a service again you have some statutory rights that the seller must adhere to. When you take up a service you can expect:
You are entitled to ask for your money back if the product is:
Most retailers will offer refunds as gesture of goodwill. However more and more retailers will argue to give you a credit note. If the product falls under the categories above then you are definitely entitled to a refund, however be aware that the burden of proof always falls on the customer not the retailer. Some retailers may well offer to repair the product as an alternative to a refund. It is important to remember that if you accept this, the repair should be carried out in reasonable time and the goods restored to a satisfactory level.
In recent times this type of buying products has become more and more popular. Although it is often more convenient to buy from the comfort of your own home, this method of buying can sometimes hold more pitfalls than more traditional shopping.
When you order something from the internet or over the phone there is more chance to cancel the order. You can cancel an order whenever you like until:
You must tell the seller in writing that you wish to cancel, if you have already paid for the product then the seller should refund you within 30 days of the cancellation.
This information is intended as general information. If you feel that your statutory rights as a consumer have not been followed then please contact the Advice Centre and we can take up the case on on your behalf.
Nigel Cooke
(020) 7594 8067
IC Extension 48067