Sale of Goods Act 1979 (as Amended By The Sale and Supply of Goods Act 1994 and The Sale and Supply of Goods to Consumers Regulations 2002)
The rights of a consumer purchaser are different (stronger) than those of someone who is buying for a business.
Under the Act a consumer is entitled to expect that any goods bought from a trader are:
1. of satisfactory quality,
2. fit for any particular purpose made known to the seller
3. as described; and
4. that the seller has the right to sell the goods.
If they are not they may seek a refund, replacement or repair (see Remedies, below).
(If you buy from a non-trade source you are only entitled to 3 and 4 above so you need to check goods particularly carefully before handing over the money).
"Satisfactory quality" means that the goods would meet the standard a reasonable person would regard as satisfactory taking into account the description of the goods, the price (if relevant) and all other relevant circumstances.
The quality of the goods includes their state and condition including their appearance and finish, freedom from minor defects, safety and durability. They should also be fit for all purposes for which goods of that kind are commonly supplied. Your rights under this Act are against the person who sold you the goods and not the manufacturer (but see "the Consumer Protection (NI) Order 1987 " about defects which cause injury).
A customer has no grounds for a complaint if:
- They were told about the fault before they purchased the item (e.g. "seconds");
- examined the item when they bought it and should have seen the fault (e.g. tried on a garment);
- made a mistake when purchasing the item (e.g. asked for the wrong size); simply changed their mind about the item.
Remedies
From 31st March 2003, consumers have new rights under the Sale and Supply of Goods to Consumers Regulations 2002.
Under the new rules, if the goods did not conform to the contract of sale at the time of sale ( i.e. one of the 4 rules at the start of this section is breached) the consumer buyer has the right to choose depending on the circumstances (within reason) which of the four new remedies of repair, replacement, discount or rescission to go for.
If the goods are found to be faulty during six months after purchase the new law says they are considered to have been faulty at the time of sale unless the seller can prove otherwise. After that six month period the position is the same as it was before 31st March 2003 and the consumer must prove that the goods were faulty at the time of sale.
If a product which was faulty at the time of sale (as above) is returned to the retailer, a consumer is legally entitled to one of the following:
- a full refund - If a customer has a complaint about something they should tell the seller as soon as possible - as soon as you discover the defect. This is because if the goods are considered to have been 'accepted' goods the consumer can lose the right to a full refund but still might retain the right to a partial refund. One way to 'accept' goods is to keep them beyond a reasonable time without rejecting them;
- a reasonable amount of compensation (or "damages") - If a customer has bought faulty goods and have 'accepted' them you may have to accept an offer to put the goods right or the cost of a repair. If the fault cannot be put right or the cost of putting it right is unreasonable you may be able to claim appropriate compensation but you would have to keep this claim to a reasonable minimum;
- a repair or replacement - Under the Sale and Supply of Goods to Consumers Regulations 2002, you will have the right to ask for a repair or a replacement providing that it does not cost more than you paid for the item. This then should be provided within a reasonable period of time.
Guarantees
Where goods are offered with a consumer guarantee, the consumer can request that the guarantee be made available in writing and that the terms of the guarantee should be set out in plain language which can be easily understood. This should be in English if offered in the United Kingdom and should give details of how to make a claim under the guarantee.
A contract will also be made between the consumer and the guarantor. This means that if the guarantor refuses to honour the guarantee that the consumer may be able to take legal action.
