A Few 'Don'ts'

At the risk of repeating ourselves, we think it would be helpful here to highlight a few of the more common and improper 'excuses' which some retailers use to try to avoid their legal obligation and duty of care to their customers.

'We'll have to send it back to the manufacturer'. This is not true. If you've sold faulty goods, it's up to you to deal with the problem. You can sort it out with the manufacturer or your supplier later. However, in some circumstances it may be reasonable to first get the manufacturer's expert opinion.

'We don't give refunds' or ' No refunds are given on sale goods'. If you've sold goods which are later found to be faulty, not described properly or not fit for the purpose specified by the buyer, you're obliged to offer a full refund, repair or replacement provided the customer has not 'accepted' the goods, perhaps by keeping them too long. It doesn't matter what your stated policy may be. The law is on the buyer's side. Indeed, notices making 'no refunds' statements are illegal and the display of any such signs could bring you to the attention of the Trading Standards Service.

'You're too late. You should have complained within a month'. This is not necessarily so. But as we said earlier, if a buyer waits more than a reasonable time before rejecting the goods, it may be said that they have accepted the goods and thereby lost their right to get all their money back. They may however still be entitled to compensation or a free repair for a breach of contract. What the buyer is entitled to in such circumstances depends on how long they kept the goods and how serious the fault is.

'We can't do anything without a receipt'. This is not strictly true, although the buyer will have to provide you with some proof of purchase. If they haven't got a receipt, a cashed cheque or credit card slip might do.