Your Consumer Rights SNIPPIT

[Guest leebut]

Plus check here: http://www.tradingstandards.gov.uk/cgi-bin...DV0056-1011.txt

What rights do I have when I buy faulty goods in a shop?

When you buy goods from any trader you have the right to expect certain standards - the goods must be:

Of satisfactory quality, covering for example the appearance and finish of goods, their safety and durability and their freedom from defects (even minor ones) - except where they have been pointed out to you before purchase.

Fit for their purpose, including any purpose tell the vendor that you require them for.

As described

If the goods do not meet these standards you are entitled to reject them, and get your money back. You do not have to accept a credit note or replacement (although you may want to consider this if you've had the goods for some time). You have a reasonable time to return faulty goods - after which you are deemed to have accepted the goods and their faults, although you may still be able to claim damages.

What about services rather than goods?

You are entitled to certain standards of service. The service should be carried out with reasonable care and skill, within a reasonable time, and for a reasonable price providing the cost was not agreed beforehand. The person or organisation may be a member of a trade association or other professional body, be regulated by an official watchdog or by an Ombudsman, and they may have a Code of Practice. You will be able to complain to them or sue the trader for compensation.

Must I produce a receipt to get a refund?

The short answer is no, what you do need is proof of purchase. This could be a cashed cheque or credit card counterfoil or even a witness who saw you make the purchase (in Scotland you will need a witness). However having a receipt will make your task very much easier and it is obviously the best proof of purchase you can get so look after it until you are sure that the goods are OK.

What if the shop tells me to get lost?

If the shop ultimately refuses to refund your money and you feel you have a good case you must take action yourself - consider taking them to court, you can use the small claims procedure depending on the value of the goods [or services] is less than 750ukp [in Scotland] or 5000ukp [in England] - reduced to 1000ukp for claims involving personal injury. Court fees vary and you should check your local court service for details, or try courtservice.gov.uk or scotcourts.gov.uk.

You would be best to get advice first, as in certain circumstances you may be liable for costs - your local trading standards office will provide advice free of charge, and may even help you fill in forms.

What if a shop repairs goods but they are still faulty?

You have the same rights as before you agreed to the repair - let the shop know you are reserving the right to reject the goods when you agree to the repair attempt. You should give the vendor a reasonable opportunity to repair goods - especially if the fault is minor and the goods can be put into new condition.

Are there any times when I will not be entitled to my money back or to exchange the goods ?

Yes!:

(i) If you have held onto the goods for too long before returning them, you may be taken to have 'accepted' them.

(ii) Or if you were told about the fault before you bought the goods.

(iii) Or if you did the damage yourself either by ignoring advice about using the goods or through lack of care.

(iv) Or if there is nothing wrong with the goods and you have just changed your mind and decided you do not like them. (Some shops may agree to accept the return of the goods as a gesture of goodwill).

If I return goods do I have to a accept a "credit note" ?

No. You can insist on the full repayment of your money providing the goods are faulty or not as described. If you accept a credit note you may not be able to exchange it for cash later if you cannot find anything else in the shop that you like. However, if you have merely changed your mind about an item, the seller might offer you a credit note as a goodwill gesture in which case you may wish to accept it. However, some credit notes last for a limited period so check this before you accept it.

I bought goods which are faulty but the shop won't refund and pointed out a 'no refunds' notice.

Notices like that are illegal and it's not possible for traders to exclude liability for faulty goods - even if you agree. Contact your local trading standards office and they will get the notice taken down.