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Retailers will try to rip you off: Know your consumer rights

Too many people are unaware of their consumer rights and retailers often take advantage of this. Make sure you don't lose out, and learn what you're entitled to.

This means if, for example, you bought an iPod that came with a standard one-year guarantee and it breaks after 14 months, even though the seller’s guarantee has expired you will still entitled to redress under the EU consumer protection law.

What you are not protected against

Although the majority of retailers offer a grace period of around 28 days during which you can return goods if have changed your mind, you do not actually have a legal right to a refund just because you don’t like the item – it has to be faulty.

This means it’s important to check with the retailer what their return policy is before you buy.

You are also not protected against general wear and tear of an item, as retailers can not be expected to refund customers if the item has broken down through normal use.

Online protection

When you purchase goods online or over the phone you actually benefit from more protection than when you buy in store.

In addition to the same rights as when you shop on the high street, under the distance selling regulations you are entitled to a seven day ‘cooling off period’, during which you can cancel your order without any reason and receive a full refund. The seven days start when you receive the goods, but be aware some items, such as perishable goods for example, are not covered.

You also have the right to demand a refund if your goods are not delivered by the date you agreed, or within 30 days if you did not agree a date.

However you need to be careful when buying at online auctions, such as eBay, because in a private sale although the goods must be as described, you do not have the same protection as when you buy from a business. Some auction websites or third party processes such as paypal offer complaints resolution processes or anti-fraud guarantees but not all do, so always read the terms and conditions.

Credit card protection

If you buy goods or services with a credit card, you are entitled to extra protection than if you pay by cash or debit card.

Under Section 75 of the Consumer Credit Act if you spend between £100 and £30,000 you have the right to seek redress from your credit card provider, in addition to the company that sold you the item, if your goods do not arrive or are not ‘as described’.

For example, in the event you purchased a flight and the airline went bankrupt and could not compensate you for your loss, you could claim the money back from your credit card provider.

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31 comments so far. Why not have your say?

IFA Watcher

Aug 25, 2010 at 09:11

Can you specifically name the secret EU two-year rule please?

A £2,000 large screen SONY LCD TV failed after 13 months .... yep it had a 12 month warranty and the repair bill is £880. So I would be interested to know if SONY have anmy obligation to replace or repair it.

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Chris Marshall (Citywire)

Aug 25, 2010 at 09:15

The directive mentioned is:

Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees

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George Hill

Aug 25, 2010 at 09:16

If only people would realise that the whole POINT of most retailers - no, let's include EVERY firm in existence - is to offer the LOWEST possible service they can ge away with. Longer queues, untrained staff, con customers into accepting less than their legal rights... and more. Am I a cynic? Sure - but with with strongly founded reasons for being so...

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Guy MacNaughton

Aug 25, 2010 at 09:39

Does this position also apply to new cars? What constitutes "faulty" and a replacement vehicle?

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June Beddows

Aug 25, 2010 at 09:51

What happens if the store goes out of business, do you lose your rights altogether? Product is a well known International brand, still in business.

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Dave in London

Aug 25, 2010 at 10:02

The wife bought some expensive boots from Jaeger last year, almost £200. 2 days later after wearing them for maybe 2 hours both soles were almost worn through - clearly a design flaw. Took them back to the shop and the snotty sales person said she couldn't take them back as they had been worn.

Yes love, they have been worn and look what has happened!

Had to pull out the old sale of goods act and call head office to get a refund, had I not been so persistent the Mrs would be £200 down.

Shame on you Jaeger for making it so difficult, you lost a regular customer.

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IFA Watcher

Aug 25, 2010 at 10:16

Dear Chris Marshall, thanks for that EU Law information. I will be sending Sony a second letter!

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Anonymous 1 needed this 'off the record'

Aug 25, 2010 at 10:17

Guy Naughton. You asked about the siuation with cars.

Do you have a diesel powered Volvo with a Diesel Particulate Filter? That is the hot potato at present.

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JT

Aug 25, 2010 at 10:19

I think that another issue is that the retailing staff don't understand consumer rights also - so they inform you of false information because that's their understanding. I bought a faulty TV from PC World which didn't even turn on - i asked to change it and they send I couldn't but they'd sent it back to the manufacturer for a free repair - i just laughed! The Senior store manager knew better...

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G Baker

Aug 25, 2010 at 10:21

The UK's Sale of Goods Act gives consumers up to six years to make a claim for faults that occur within a 'reasonable time'.

The key to the "up to six years to make a claim" for faulty goods is that of what, for the goods and the price paid, is a 'reasonable' time. So the £2000 TV should be expected to last for six years, whilst a £125 Washing Machine may not (just an example, up to the customer to decide and argue accordingly).

Here’s what the government advises retailers regarding their obligations under the UK's Sale of Goods Act.

“If a customer rejects faulty goods within this ‘reasonable’ period, they’re entitled to ask for their money back. All customers can claim compensation at any time if they choose. If you sell to consumers they can ask for a repair or a replacement immediately (instead of asking for a refund) at any time until six years after purchase.

If you’re dealing with a consumer, any repair or replacement you arrange must not cause them too much inconvenience. You may have to pay for other costs such as transportation. However, if a replacement is impossible and the goods cannot be repaired economically, or vice versa, then you can offer a full or partial refund.

In law you have a responsibility to your customer for up to six years from the date of purchase (in Scotland, five years from discovery of the problem). During this period, you are legally obliged to deal with any claim of breach of contract.”

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murry evans

Aug 25, 2010 at 10:31

Simple! don't buy faulty goods!! Any fool knows that!!!

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murry evans

Aug 25, 2010 at 10:33

If you are foolish enough to buy faulty goods, don't moan, don't try and get your money back. Usually the fault is nothing that a good spread of Gaffer tape cant fix!

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Bluedrum

Aug 25, 2010 at 10:33

I had a Toshiba TV that I bought from Dixon's for £880. It failed after approx. 20 months. A colleague mentioned the sale of goods act and I checked with Consumer Advice. I received a partial refund of £520 (first offer was £450) plus the cost of an independant written report £50. Originally they were going to send me a Curry's voucher, but they then transferred the money to my account. I bought a new TV from Curry's and they have just sent me an option to purchase a warranty for £250, but with the SoGA protection there's no point.

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murry evans

Aug 25, 2010 at 10:35

By the way share in gaffer tape are cheap at present, I reckon with my previous advice there will be a huge rush of people buying the product to fix the faulty goods they bought. Forthis reason I recommend shares in Gaffer tape as a BUY!

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whitegates

Aug 25, 2010 at 10:54

I bought two expensive Bisque radiators last September and had them installed by a local plumber. After several months one started to leak (from part of the radiator not the fixings or pipes). Claimed a refund from the retailer . They said fine we will order another one for you. I then said I wanted to claim the cost of re-installatiom also and they have referred me to Bisque who have sent two bottles to take samples of the water in the radiator which has been sent off to a laboratory. However, my question is can I insist that the retailer/manufacturer pay for the cost of the re-installation?

Advice from any qualified "legal eagles" out there would be much appreciated.

Thanks.

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Anonymous 2 needed this 'off the record'

Aug 25, 2010 at 11:54

Whitegates - I think you might be able to claim consequential loss from being supplied faulty goods. If the retailer is unwilling to cough up, trading standards can advise (for free) how to go about reclaiming the re-fitting costs. If you purchased with a credit card you could make a claim under s75 under the Consumer Credit Act. Best to check this point out...

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Herb Kane

Aug 25, 2010 at 12:17

Why do we have to put up with idiots like Murray

Evans? Best use for gaffer tape would be on his

mouth and his fingers, might stop him from

boring us with his childish nonsense

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M Davis

Aug 25, 2010 at 12:22

Does the UK Sale of Goods Act protect buyers of ‘new build’ houses in any way, i.e. the house itself and all items and services installed by the builder?

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D D

Aug 25, 2010 at 13:01

I didnt keep my receipt, and I can't remember which store sold me some electronic scales last winter.

They failed this spring, so I contacted the manufacturer using its "Customer service" address on the box. The scales were obviously new (with 2009 printed on the box), but the manufacturer fobbed me off, saying it was the retailer's problem, not theirs!!!!!!!

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D D

Aug 25, 2010 at 13:01

I didnt keep my receipt, and I can't remember which store sold me some electronic scales last winter.

They failed this spring, so I contacted the manufacturer using its "Customer service" address on the box. The scales were obviously new (with 2009 printed on the box), but the manufacturer fobbed me off, saying it was the retailer's problem, not theirs!!!!!!!

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felix s

Aug 25, 2010 at 15:33

I had a panasonic plasma wnet wrong after 6 mnoths. I though tit was reception and didn;t twig until got a tv guy around after about 14 months. Needed a new circuit board in the telly. Fortunately he was a good guy and took it to a panasonic dealer who fixed it for free. He said panasonic woould normally fix anything upto 2 years after purchase as a gesture of goodwill - maybe its this EU rule then but they were very good anyway. No idea what Sony are like though sorry.

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rich banker

Aug 25, 2010 at 17:46

Caveat Emptor (Buyer Beware) seems not to apply nowadays except that sellers may try to con you out of your rights.

I regualarly quote EU Law to get money back or services rectified even if I am unsure any law exists!!! COMET are so bad I never use them. Currys I have found great.

Most sellers assume it does...... such is the capacity for EU law makers to make law.

Good article well done, WHICH? would be proud of you...

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David Andrews

Aug 25, 2010 at 22:04

@DD

AFAIK your contract is with the people who sold you the scales so I don't think the manufacturer was fobbing you off,

Normally it it retaikers trying to tell people to go to the manufacturers that is the problem.

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Ramnik Tanna

Aug 25, 2010 at 22:07

I have been messed about a claim for buglary by Aviva for almost 4 years now although I have received many appologies for delay and informed that it should not have delayed so long.can I take my case to any EU justification can anybody guide me.

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Edward Hicks

Aug 25, 2010 at 23:08

Ramnik - have you reported them to the Insurance Ombudsman. There are strict timescales for certain aspects of claims but, if the Ombudsman passes it on to lawyers it seems they can then delay things for a long time. A change in the Law is called for. Lawyers have no interest in bringing to a conclusion whilst their fees are growing.

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Anz

Aug 25, 2010 at 23:14

To DD.You have a contract with the retailer not the manufacturer.

To George Hill. I am the owner of a small retail business and my aim is not to rip off my customers nor to offer a low level of service, quite the opposite. However, I do get very fed up with customers who "know their rights" and think they are entitled to just whatever they like. Generally these are the ones who actually do not have any rights in the situation, they are the ones who shout the loudest. Let's have more about responsabilities and less about rights.

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George Hill

Aug 26, 2010 at 11:51

Couldn't agree more Anz. Let's have more about responsibilities and PERHAPS a LITTLE less less about rights. We must remember of course that EVERY company is in business to make money for its owners & shareholders. Microsoft ISN'T in business to make software, Ford ISN'T in business to sell cars.. well, you get the drift. ANY commercial organisation (including yourself) would change horses in a millisecond (and rightly too) if they weren't making a profit. I stand by what I said about virtually EVERY commercial outfit in the world though... I didn't say that every firm offered a LOW level - just the lowest they can get away with before their customers riot or go elsewhere...

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Peter Thoresen

Aug 26, 2010 at 21:24

There is hardly anything in the world that some man can’t make a little worse and sell a little cheaper and the people who consider price only are this man’s lawful prey.

John Ruskin.

Says it all!

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Armand

Aug 28, 2010 at 12:20

A word of advice. The Sale of Goods Act only provides protection for items purchased from a 'retailer'. Goods bought from Makro or Cost-Co may not be covered beyond the guarantee period given by the manufacturer and/or publicised at the time of purchase. Makro for example, is classed as a 'wholesaler' and the protection of the sale of Goods Act does NOT apply. Further, I'm advised that the UK is not a signatory to the Directive 1999/44/EC, because the Sale of Goods Act provides cover which is superior to that Directive; unless you bought your item from what is classed as a wholesaler, in which case, neither apply.

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Jon Gallagher

Aug 30, 2010 at 19:49

Wow - 6 years and i had no idea. Does thie mean that retailers such as Argos which try and persuade you to take out extra protection are just playing on the ignorance of their customers. Pity it could not be extended to house purchases as it seems people in this category have no rights whatsoever.

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Jon Gallagher

Aug 30, 2010 at 19:53

Can anyone advise if this act covers central heating boilers in a new build property as the PCB Board in my system had to be replaced at a cost of nearly £300 and it was only 3 years old at the time so must have been faulty.

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