buying goods - your rights
(for Scotland)
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When you buy goods from a trader, such as a shop, market stall, garage, etc., you enter into a contract that is controlled by the Sale of Goods Act 1979 (amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002). The law gives you certain implied or automatic statutory rights under this contract.
Verbal contracts are just as binding as written ones, but less easy to prove. The Sale of Goods Act 1979 (as amended) says that goods should be of satisfactory quality, fit for the purpose and as described. The Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999 allow you to challenge any contractual term that may be unfair or unreasonable, unfairly weighted against you, or ambiguous.
The Consumer Protection from Unfair Business Practices Regulations 2008 has amended the Trade Descriptions Act of 1968 and create a criminal offence for traders making misrepresentations.
If you are sold faulty goods you must stop using them immediately and tell the shop. The law says that you must be given a 'reasonable' length of time to examine the goods and check they are satisfactory. If they are not, and you are quick, you should be entitled to reject them and have a full refund. If not you may be entitled to a repair and/or a replacement.
When you buy goods from a private individual, you don't have the same rights as when buying from a trader. You have full rights under the Sale of Goods Act when you buy second-hand goods, although the law does say that you must consider the price paid and, if necessary, be prepared to lower your expectations about their performance. You have full rights when purchasing sale items but check first as the goods may have been reduced due to a fault, in which case you cannot ask for a refund because of that fault.
