Consumer law isn’t clear to some people, which is why it’s a good idea to speak to a consumer law solicitor. In this blog, we look at what rights a shopper has if they buy an item that is not to their satisfaction. When it comes to buying items that turn out to be faulty, countless customers are uninformed of the protection and statutory rights they are legally entitled to.
Retailers sometimes exploit their customers’ doubt and violate shoppers’ statutory rights by not with holding their legal responsibility to fix situations by offering refunds, repairs or replacements. So, what can you do if you are left feeling frustrated after an unpleasant experience with a retailer or trader?
The Consumer Rights Act – Know the facts of consumer law…
Under the Consumer Rights Act 2015, traders are legally accountable to sell goods which are:
- Consumer Rights Act says that the item sold must be ‘As described’, which means the product they are selling must match any description(s) given to the customer before purchase by which the goods are identified.
- The item sold must also be ‘Of satisfactory quality’, that is they are of a standard that would rationally be accepted taking into deliberation the price paid and description.
- The Consumer Rights Act also says it needs to be ‘Fit for all purposes’.
The act states that if goods turn out to not fulfil any of these standards, you have the right to request a refund from whom you bought it form.
Consumer law states that if you have accepted the goods then you cannot request the refund.
The consumer law act provides that goods have been ‘accepted’ where:
Buyer tells the seller you have accepted the goods as they are;
You have made use of the goods, which prevents you from giving the goods back in their original state, such as altering the state the goods came in, consuming the goods or damaging them;
You cannot request the refund if you keep the goods for 30 days without rejecting them.
Therefore, it is best to make known as soon as possible that the goods are not to your standard and that you are requesting a refund.
If 30 days have passed since you purchased the goods then you will not have the right to request the refund, but you can ask for the item to be repaired or replaced.
How to get faulty goods repaired or replaced – advice from a consumer law solicitor
1. Contact the seller to tell them you want your purchase repaired/replaced and why
The first thing you need to do is to notify the retailer about the issue and that you’re looking for a replacement or a repair. You can stipulate which you’d prefer but it is eventually a question of what is more cost-effective from the viewpoint of the retailer.
You will perhaps need to keep proof of purchase but remember this doesn’t always have to be a receipt. It can be a credit card or bank statement or any other indication that proves you bought the product from that retailer.
2. Consumer Law Covered by the guarantee
Otherwise, if the faulty goods are still protected by the guarantee, contact the company, tell them about the problem and ask for the goods to be repaired or replaced.
3. If the retailer or manufacturer does not help
If the retailer doesn’t help you then you should write a formal letter to make your request in writing. Say that you are exercising your rights under the Consumer Rights Act 2015 as the item is not of “satisfactory quality” which is why you would like it either repaired or replaced.
In your letter, warn the retailer that if it fails to accept to your demands you will start proceedings in the small claims track of the County Court.
4. If your retailer still refuses to cooperate
You should consider consulting a consumer law solicitor to see what your consumer law options are. You may be able to take the retailer to court.
Contact JMR solicitors in Manchester for consumer law matters
At JMR Solicitors we specialise in all aspects of consumer law. Contact us now for a free 30 minute consultation to see how we can help you. Please call 0161 491 3933 or email us at firstname.lastname@example.org.