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Q |
I've bought faulty goods - what
are my rights? |
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A |
When buying either new OR second hand goods
from a shop the goods should be :
As Described :
The goods should correspond to any description
given to them, or be a reasonable representation
of any sample shown.
Be of satisfactory quality :
This is what a reasonable person would regard
as satisfactory. A new television should not blow
up after a week, but a 10 year old car would not
be expected to be in the same condition as a new
one. This does not apply if the faults are pointed
out to you prior to the sale.
Be fit for their purpose :
This includes any purpose for which you tell
the seller you require the goods, for example
paint for a boat. If the goods fail to meet these
Standards you may be entitled to reject the goods
and get a refund. You have a reasonable amount
of time to do this after which you are deemed
to have accepted the goods. Top
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Q |
What if the goods were bought in a sale? |
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A |
If you have bought goods in a sale the same
rights apply as if you bought faulty goods from
a shop. This does not apply if goods are purchased
as damaged, ex display or shop soiled, this has
to be taken into consideration. Top
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Q |
What if the goods were bought mail order? |
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A |
Again the same rights apply as with a sale
in a shop. The goods should be delivered within
a reasonable time, usually 28 days or as stated
in the advert. You may have extra rights under
distance selling regulations; you may have the
right to examine the goods and if not satisfied
to return them. Top
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Q |
What rights do I have if
I buy goods privately? |
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A |
Privately sold goods must be as described and
also the seller should have the right to sell
those goods. There is no requirement for the goods
to be of satisfactory quality or fit for their
purpose as with shop bought goods. Always be careful
if purchasing goods privately as if the go wrong
you may not be able to get you money back. Top
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Q |
I've bought a pair of shoes but they don't
go with my clothes - can I get a refund? |
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A |
If there is no fault with the goods then you
are not entitled to a refund. Although there is
no legal right to a refund, store policy may entitle
you to one or a credit note. Always ask before
purchase and get it in writing. Top
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Q |
Can I get a refund for a faulty present? |
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A |
The law says the contract of sale is between
the shop and purchaser - whoever bought your present.
However if you are buying for someone else they
can have rights in the contract as a 'third party'.
Tell the trader at the time of purchase and give
them the name of the recipient. Top
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Q |
I've lost my receipt - what can I do? |
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A |
Your rights still apply but you may need evidence
of where and when the goods were purchased.
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Q |
Can I insist on a refund instead of the offered
credit note for faulty goods? |
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A |
If the shop bought goods fail to meet the required
standard and it is within a reasonable time from
the sale then you are entitled to a full refund.
If you do accept a credit note you will not later
be able to claim a refund. Top
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Q |
My new television has already been repaired
but it is still faulty - what can I do? |
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A |
You may be able to reject the television and
ask for a refund depending how long you have had
it. If unsure when accepting a repair do so in
writing without prejudice to your right to subsequently
reject it. The shop should be given a reasonable
time to put the fault right. Top
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Q |
The shop says I must take up my complaint with
the manufacturer. |
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A |
If you have bought faulty goods from a shop,
your contract is with this shop and they should
sort the problem out. Any manufacturers’
guarantees or warranties are over and above your
statutory rights which cannot be taken away by
the seller. Top
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Q |
I have been to the shop but they refuse to
do anything. |
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A |
If the shop will not do anything then you may
feel it is worthwhile taking the matter further.
You may be able to use the small claims procedure
which is relatively straightforward and informal.
If you would like further advice contact your
local Trading Standards Department. Top
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