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Thursday, 23 February 2012

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Government, citizens and rights

Returning faulty items

When you buy an item from a trader and it turns out to be faulty, you should be offered a repair, replacement or refund. Find out what your rights are, when to return an item and what you can do if you disagree with a trader.

Faulty items and your consumer rights

Any item you buy from a trader (eg shop or online shop) must be:

of satisfactory quality
fit for purpose
as described

If it isn’t, the item is faulty and you can usually get one of the following:

repair
replacement
refund

You may also have other rights depending on where you bought the item and how you paid for it (see link below).

Consumer rights - an introduction

Returning a faulty item

If something you bought is faulty, tell the trader as soon as possible. This may be by taking the item back to the shop or contacting the trader to let them know there is a problem.

You will need to provide a proof of purchase, eg a receipt or invoice. Some traders may accept a credit card bill or bank statement, eg if months have passed since you bought the item.

You can’t take back an item if you caused the fault. For example, if you dropped a mobile phone and cracked the screen or didn’t follow care instructions for clothes.

If this happens, you may still be able to claim under your home insurance or if the item has a warranty. A warranty gives you extra rights, eg to a repair or replacement when something goes wrong. Check the details of your policy to see if you can claim.

Guarantees and warranties – your consumer rights

Refunds and faulty goods

A trader will usually offer you a refund for a faulty item if you:

have proof of purchase, eg a receipt
haven’t had a chance to use the item or have only used the item a few times

If you’ve had or used the item for a longer period of time, by law you have ‘accepted’ the goods. You won’t be entitled to a refund, but the trader should offer to repair or replace the item.

A repair must fix the original fault (eg a broken zip). If it doesn’t, you can then ask for either a refund or replacement.

You may need to get legal advice about whether you have accepted the goods.

For example, you probably wouldn’t have the right to a refund if you used a lawnmower for months and the blade broke. But if you bought the lawnmower in the winter and couldn’t use it until the spring, you may have the right to a refund.

Each situation will be different, so it’s best to speak to the trader as soon as you discover the fault.

Repairs and replacements for faulty items

If a trader won’t give you a refund for a faulty item, they should usually offer to repair or replace the item for free. This may apply even if you’ve had good use out of the item. It depends on:

• what you paid for the item
• how long you’ve had it
• how long it’s expected to last

For example, if a fridge you bought for £400 broke after seven months, you would probably get a free repair. But if the same fridge broke after four years, you may have to pay towards the cost of a repair.

The law here is complex and you may need to get legal advice about whether the trader should offer to repair, replace or refund the item.

Find a solicitor or legal adviser in your area Opens new window

If a repair or replacement isn’t practical

A trader doesn’t have to offer you a replacement or repair if:

it’s too costly for the trader
it will take too long
it will cause you significant inconvenience, eg you’ll be without a phone for months

If this happens, the trader should either:

offer you a partial refund if you return the item (to allow for the use you’ve had from it)
let you keep the item and give you a reduction in price for the fault

Proving goods are faulty

If you bought the item within the last six months, it’s the trader’s responsibility to prove the item wasn’t faulty when you bought it.

If you bought your item over six months ago, you may have to prove the fault was not caused by accidental damage or wear and tear. You can do this by getting a second opinion from an independent expert (see link below).