Every day we find ourselves in a shop of sorts or buying something online, but are we really that aware of the laws that govern these activities or the regulations in force that protect us, the “consumer?”
The legislation to keep note of here is the Sale of Goods Act 1994 and the Sale of Goods (Amendment) Act 1995.
In a nutshell:
It protects consumers by imposing certain criteria on the “goods” that you as a consumer buy.
1) The goods must be of a satisfactory quality – for example if you buy a watch, you can expect it to work for a reasonable period of time and you would expect it not to have any defects.
2) Goods must be ‘as described’ – for example a watch claiming to be waterproof should actually be waterproof.
3) Goods must be ‘fit for purpose’ – The watch you buy should tell you the time.
4) Goods must be safe.
Any product you buy that does not meet the requirements stated above puts the ‘trader’ in breach of the legislation and you as a consumer have a right to demand your money back.
Great! I hear you cheer, but there is a flip side. You are not able to make a complaint about a product you have purchased if:
1) You damaged the product yourself.
2) You inspected the product prior to purchasing it and should have noticed the fault.
3) You were informed about the damage prior to purchasing the product.
4) You purchased the product by mistake.
Buying goods online or from a catalogue
Buying online, from a catalogue, mail order or from a door to door salesman has its risks simply because you can’t always see what you are buying. You are however likely to be protected in these cases from home by the Consumer Protection (distance selling) Regulations 2000 which entitles you to:
1) Clear written information on products before placing an order.
2) A ‘cooling off period,’ usually five days, when you can cancel any order. (Usually 7 days)
3) A full refund if goods or services aren’t provided by an agreed date or within thirty days.
4) Protection against credit-card fraud.
When buying online, a website must also display:
1) Clear information about goods or services before you buy.
2) Written confirmation of any order.
3) A ‘cooling off period’ allowing the buyer to cancel the order for any reason.
What to do if you have problems:
1) Inform the supplier quickly and let them know why you’re complaining.
2) Keep a written note of phone calls or emails you’ve had.
Please note that the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer contract Regulations 1994 will protect you from contracts that are ‘unfair’ even if the ‘cooling off period’ has expired.
Exceptions to the above:
1) Online auctions. Auctioneers aren’t required to accept responsibility for the quality of goods on sale, so extra care should be taken when buying from them.
2) Insurance or financial advice. They are regulated by the Financial Services Authority.
Items you did not order
If you receive ‘unsolicited goods’ (items that you’ve not ordered), you don’t have to return or even pay for them under the Unsolicited Goods and Services Act 1971. The goods in question become your property if you keep them for six months, or one month if you have contacted the supplier.
Services
The Supply of Goods and Services Act 1982 covers services provided by workmen and professionals. Service providers have a ‘duty of care’ and work carried out must be ‘to a reasonable standard at a reasonable cost.’ If you are being charged an unreasonable cost you actually have the right to pay for the amount you believe is ‘reasonable’. Apply with caution! You can very easily be taken to court for the outstanding amount!
