Faulty goods – when can I get a refund or a replacement product?

 

The rules regarding the sale and purchase of retail items is mostly contained within the Sale of Goods Act 1979. Under the Act, retailers are obliged to offer a certain basic standard for the products they sell to consumers.

When they fall short of this level, consumers are given rights to claim a refund, repair or replacement.

The Sale of Goods Act

The Sale of Goods Act states that all items sold must match the description and be of satisfactory quality.

You can claim a refund if you make the seller aware of the problem within a reasonable time period (generally 2-4 weeks), and if the goods are:

  • Faulty
  • Misleadingly described
  • Not suitable for purpose

This is known as ‘rejecting’ the goods. If you are looking to reject goods, you should stop using the item immediately and contact the seller at the earliest opportunity to give yourself the best chance of a refund. You are unlikely to be able to reject the goods if they have been customised in any way.

Repairs and replacements

If you have had the goods for a while, and the reasonable time period has passed, then the retailer is still obliged to offer a repair or replacement.

If the repair is much cheaper than a replacement then the retailer may offer this, as long as it is in a reasonable time, and not at significant inconvenience. Otherwise, the retailer should always offer a replacement under the Act.

If the trader has attempted to repair or replace the item and this has been to no avail, then you may be entitled to a refund.

This may only be a partial refund however as the trader can deduct any successful usage you were able to get out of the product. For a repair or replacement, your rights can last up to six years.

Are there exceptions?

A seller will not be obligated to give a refund if you damaged the goods yourself or if you tried to repair the goods yourself, or if you failed to inform the seller within a reasonable time after the fault was noticed.

A seller may also not be required to give a refund if the fault was the result of normal wear and tear or the goods could not be reasonably expected to have lasted longer.

Similarly, if the seller pointed out the fault to you before you purchased the goods, or if the fault was so obvious that you should have noticed it, the seller does not have to provide a refund.

For more details on the Sale of Goods Act, click here.

Are you in dispute with a seller after purchasing faulty goods? Contact Law can help put you in touch with a solicitor specialising in consumer law and Sale of Goods Act disputes. Please call us on 0800 1777 162 or complete the web-form above.

Call
0800 1777 162
or fill in the form
Our trained advisor contacts you
Your chosen specialist solicitor calls you
Quick enquiry form
Area of law:
Name:
Town/City:
Email:
Phone:
What our clients say about us
"This was the first time I've been to court, which was a nerve-racking experience for me. However, I felt very prepared, I understood my case and representation - this was down to you."
Gavin, criminal motoring, Oct 15
"Your service, and the prompt call back from your recommended firm was very good. I would not hesitate to call again or recommend your service."
Ian, employment law, Truro, July 15
"The firm were excellent, could not have been better! They are exactly what I need right now."
Linda, criminal defence, Thames Ditton, Jul 15
"Your contact and service was immediate and utmost professional, 10/10."
TF, conveyancing, Dudley, Jun 15
"I appreciate the service that you provide. I found you to be courteous, efficient and reassuring at a time when my confidence in justice is completely negative."
Patrick, litigation, Pontypridd, Jun 15
"I cannot tell you how much I appreciate the speed of which you came back to me in. If anyone else can benefit from your help like I have done, it would make my day."
Gail M, family law, Potters Bar, Jun 15
"Your assistance was extremely helpful. Particularly to someone who in 40 years of business has never experienced this sort of issue."
TD, commercial litigation, Galashiels, Apr 15
"It is difficult to express the value Contact Law has to someone like me who had very little understanding of the law and how to proceed forward with my case. Thank you for the service you provided."
AE, defamation law, Worthing, Apr 15
"Thank you for the efficient service I received. I was contacted by your solicitor on the same day as my request. Your quick response to my situation made me feel secure."
AN, employment law, London, Apr 15
"Your service was excellent, very fast and informative. I never got the impression of being pressurised at all. The solicitor you recommended was also excellent – very knowledgeable and supportive."
JHD, Motoring law, Liverpool, Apr 15
Contact Law supports the endeavours of STAE and commends all the work they are undertaking to assist in the plight of the Asian Elephant

 

We use cookies on the Contact Law site to help us improve it.

If you would like to allow our cookies, please click 'Continue' or carry on browsing. For more information on cookies and how to change your settings, click 'More info'.