Buying Goods/Excess Packaging
I have seen a CD player on sale in a shop that I want to buy. However, when I tried to buy it the manager told me it was the wrong price. Can I make the shop sell it to me at the displayed price?
I ordered a dining table and chairs from a shop at the weekend, and paid a deposit of £250. Now, two days later, I’ve changed my mind. The shop has agreed to cancel the sale, but won’t give me back my deposit. Are they allowed to keep it? Would it have been any different if I had signed a credit deal at the time?
I bought a washing machine 10 months ago, and it has now gone wrong. The shop has refused to do anything other than repair it. Am I entitled to a refund or an exchange?
I bought a DVD player last week. It worked for a few days but has now completely failed. I have taken it back to the shop but they say that as it was working when they sold it to me, they no longer have to do anything at all. They also implied that I must have damaged it myself. What can I do?
I bought a computer for my son a few weeks ago, and it has now developed a fault. He has taken it back to his local branch of the shop, but they say they don't have to do anything because he didn't buy the computer, and they don't have a contract with him. What are our rights?
Eighteen months ago, I bought an expensive carpet for the living room, but already it is wearing very badly. The shop has refused to do anything, arguing that it is normal wear, and that the 12 months guarantee has expired. What can I do?
The manufacturer's guarantee has just expired on my dishwasher, and it has gone wrong. Does this mean that I don't have any rights?
I bought a pram last week, and the chassis has become bent and twisted in use. I have taken it back to the shop and would rather have my money back, but they have refused to do this, saying that I have to let them repair it. Is this true?
I bought a jacket for my daughter the other day, but when she tried it on she didn't like it. I thought I was entitled to have my money back, but the shop has said no, and will only exchange it or give me a credit note. Are they allowed to do this?
I ordered a bed from a shop, and was told that delivery would be within 6-8 weeks. The 8 weeks are almost up. If the bed isn't delivered by then, can I cancel the contract and have my money back?
Many of the items that I buy nowadays come with a manufacturer's guarantee. I have read all about how the retailer is responsible if the goods are faulty but does the guarantee affect this?
I paid a deposit on a brand new motorbike last week. The dealer and I agreed a price of £6,500 and I have an order form with this price clearly shown. The dealer now says that he has made a mistake with the price and he wants a further £750. Do I have to pay this?
I recently purchased a pair of boots for use on a walking holiday in the Lake District. I told the person who served me that I was going on a walking holiday and that I needed boots that were both comfortable, hard wearing and waterproof. I wore them most days during my two-week holiday but they leaked and have virtually fallen to pieces. I have been back to the shop but the Manager has said that it was my fault because I had not purchased proper walking boots. Is she right?
I have seen a CD player on sale in a shop that I want to buy. However, when I tried to buy it the manager told me it was the wrong price. Can I make the shop sell it to me at the displayed price?
No. You cannot make a trader sell anything to you if they don’t want to. In civil law, when goods are displayed in a shop, a catalogue or an advertisement, this is called an ‘invitation to treat’. This means that it is an invitation for the consumer to make an offer to the shop to buy the goods, and it is up to the shop whether or not they want to accept that offer.
However the shop might have committed a criminal offence. This is because the Consumer Protection Act 1987 says that traders must not display misleading prices. You could report this to Trading Standards who may investigate the matter, however if this was a 'one-off' genuine mistake they would be unlikely to take any action.*
See also: Buying Goods | The Price is Right!
I ordered a dining table and chairs from a shop at the weekend, and paid a deposit of £250. Now, two days later, I’ve changed my mind. The shop has agreed to cancel the sale, but won’t give me back my deposit. Are they allowed to keep it? Would it have been any different if I had signed a credit deal at the time?
When you agreed to buy the furniture, and paid the deposit, you entered into a legally binding contract with the shop. For a cash sale such as this, you have no right to cancel the agreement, and if you do so, it is likely that you will lose the deposit.
If you had signed a regulated credit agreement in the shop, then you still would not have had any general right of cancellation. However, you would have had a right to withdraw from the agreement if the credit company have not yet signed it. In some cases a credit company might not sign the agreement for several days after you have, because they need time to check on your credit status, however in other cases the retailer may have been authorised to sign the agreement on their behalf. It is always worth checking with the credit company as soon as possible. If they do allow you to withdraw from the deal, then the entire contract would collapse, and you would then also be entitled to have your full deposit back.*
See also: Buying Goods | Your rights when buying on credit | Credit terminology. What does it all mean?
I bought a washing machine 10 months ago, and it has now gone wrong. The shop has refused to do anything other than repair it. Am I entitled to a refund or an exchange?
The Sale of Goods Act 1979 says that you can usually only reject goods and have a refund within the first few weeks after purchase. After this length of time the law says that you are allowed to claim 'reasonable compensation', usually, a repair or the cost of repair. Recent changes to the Sale of Goods Act provide an additional remedy for the consumer. This states that you could ask the shop for a repair. You could also ask for a replacement but you would probably be expected to contribute something towards this to account for your use of the machine. If neither of these remedies were delivered you could claim compensation as we have already said.*
See also: Buying Goods | Writing an Effective Letter of Complaint | Dispute checklist | Getting Evidence | Thinking of Suing | Trade Associations & Regulatory Bodies | Your rights when buying on credit
I bought a DVD player last week. It worked for a few days but has now completely failed. I have taken it back to the shop but they say that as it was working when they sold it to me, they no longer have to do anything at all. They also implied that I must have damaged it myself. What can I do?
The shop is wrong when they say that because it was working when it was sold to you, they are no longer liable. The Sale of Goods Act 1979 (as amended) says that the shop should sell goods that are of a ‘satisfactory quality’, i.e they should be free from fault and fit for their purpose as well as being durable.
See also: Buying Goods | Writing an Effective Letter of Complaint| Dispute checklist | Getting Evidence | Thinking of Suing | Trade Associations & Regulatory Bodies | Your rights when buying on credit
I bought a computer for my son a few weeks ago, and it has now developed a fault. He has taken it back to his local branch of the shop, but they say they don't have to do anything because he didn't buy the computer, and they don't have a contract with him.
What are our rights?
Strictly speaking the parties to the contract are you and the shop, so they are right in what they say. However many retailers will deal with third parties if they can provide them with proof of purchase. Contact the branch where you purchased the computer and ask them whether they can arrange with your son’s local branch to assist him.
If you are buying goods as a gift, then you should always let the shop know at the time of the purchase, and make sure if possible that it is put in writing - ideally, get the assistant to endorse the receipt, so that you can hand this to the recipient of the gift too.*
See also: Buying Goods | Writing an Effective Letter of Complaint
Eighteen months ago, I bought an expensive carpet for the living room, but already it is wearing very badly. The shop has refused to do anything, arguing that it is normal wear, and that the 12 months guarantee has expired. What can I do?
When you buy goods from a shop, you enter into a contract with them which is governed by the Sale ofGoods Act 1979. This Act gives you rights against the trader for up to 6 years, so the fact that the manufacturer's guarantee has expired is irrelevant.
Your basic rights under the Act are that you should be able to expect the carpet to be of a 'satisfactory quality'. This means it should be fit for its normal purpose, of a satisfactory appearance and finish, and durable, amongst other things.
It is up to you to prove your case, so if the shop is arguing that this is normal wear, you might need to seek a second opinion to prove them wrong. You could ask another carpet supplier for an informal opinion. You might also be able to use any advertising from the manufacturer regarding the use or durability of th carpet to strengthen your claim that it is not of satisfactory quality. If this proves your case, and the shop still won't accept liability, you might have to sue them for compensation in the county courts.*
See also: Buying Goods | Guarantees or warranties | Writing an Effective Letter of Complaint| Dispute checklist | Getting Evidence | Thinking of Suing | Your rights when buying on credit
The manufacturer's guarantee has just expired on my dishwasher, and it has gone wrong. Does this mean that I don't have any rights?
No! When you buy goods, you enter into a contract with the seller, and your legal rights for contractual problems are with them, not the manufacturer. Most manufacturers offer a guarantee, usually for 12 months, but this is in addition to your legal rights against the seller.
The Sale of Goods Act 1979 governs your contract with the seller and sets out your rights and remedies should anything go wrong.*
See also: Guarantees or warranties | Buying Goods
I bought a pram last week, and the chassis has become bent and twisted in use. I have taken it back to the shop and would rather have my money back, but they have refused to do this, saying that I have to let them repair it. Is this true?
No! The Sale of Goods Act 1979 (as amended) says that you are entitled to expect the pram to be of a 'satisfactory quality' - in other words, it should not be faulty, it should be fit for its normal purpose, durable, and safe, amongst other things. If this is not the case, then, providing you act quickly, you should be able to reject the pram and have your money back.
As an alternative as a consumer you can use the additional remedy for the consumer and ask the seller to repair or replace the pram. If that is not possible you could ask for your money back.
However the choice of remedy is yours and not the sellers. You are not obliged to let the retailer carry out a repair, particularly so soon after purchase.
Incidentally, Trading Standard Departments enforce various pieces of legislation concerning the general safety of goods. If you feel there is a safety issue with this pram (or any other goods you have bought) you should report the matter to your local Department.*
See also: Buying a pram or pushchair | Buying Goods | Your rights when buying on credit
I bought a jacket for my daughter the other day, but when she tried it on she didn't like it. I thought I was entitled to have my money back, but the shop has said no, and will only exchange it or give me a credit note. Are they allowed to do this?
Yes. The law only requires a shop to take goods back and refund if they are in breach of contract, in other words if the goods are faulty or incorrectly described. If you have made the wrong choice, then they don't have to do anything, not even offer a credit note or exchange, so what they have offered is more than they have to.
Of course, many shops have very generous policies and allow you to bring back unwanted goods, but crucially, they don't have to. If in doubt, check with the company before you buy, and if necessary get them to write on your receipt if they agree to offer a refund.*
See also: Buying Goods | Is the trader right?
I ordered a bed from a shop, and was told that delivery would be within 6-8 weeks. The 8 weeks are almost up. If the bed isn't delivered by then, can I cancel the contract and have my money back?
There is no general obligation on traders to deliver goods within anything other than a reasonable time. It is likely that the law would interpret the delivery time that you have been quoted as being an approximate period for delivery, and you probably would not be entitled, at this stage, to cancel the contract.
However, you can try setting a date now by which time the goods should be delivered. This is called making time of the essence in the contract. You should write to the company, quoting a fixed date by which time the goods should be delivered. If this date passes, you would then be entitled to cancel the contract. You should set a reasonable time limit - it would not be reasonable to write and say that delivery should be by the next day!
It is always worth setting a firm date at the time you place the order to avoid this sort of problem. Then, if there are delays in delivery, you can quickly cancel the deal and go elsewhere.*
See also: Buying Goods | Is the trader right?
Many of the items that I buy nowadays come with a manufacturer's guarantee. I have read all about how the retailer is responsible if the goods are faulty but does the guarantee affect this?
No, a guarantee cannot affect your legal rights against the seller. However if you are a consumer you can enforce the guarantee against whoever issued it (usually the manufacturer). This would be subject to any conditions set out in the guarantee, for example you might be required to fill in a market research survey or provide proof of purchase in order to validate the guarantee.*
See also: Buying Goods | Guarantees or warranties
I paid a deposit on a brand new motorbike last week. The dealer and I agreed a price of £6,500 and I have an order form with this price clearly shown. The dealer now says that he has made a mistake with the price and he wants a further £750. Do I have to pay this?
No! You have entered into a legally binding contract with the dealer at an agreed price. By charging you more money after the deal is struck, the dealer is in breach of contract. If the dealer refuses to supply the motorbike at the agreed price, then you would be entitled to cancel the contract and have your deposit refunded. If you are then forced to buy the bike elsewhere for a higher price, you could claim the difference from the dealer.
You should write to the company, pointing out that they are in breach of the contract, and giving them notice of your intentions if they do not supply the bike at the agreed price within, say, 7 days.*
See also: Buying Goods | The Price is Right!
I recently purchased a pair of boots for use on a walking holiday in the Lake District. I told the person who served me that I was going on a walking holiday and that I needed boots that were both comfortable, hard wearing and waterproof. I wore them most days during my two-week holiday but they leaked and have virtually fallen to pieces. I have been back to the shop but the Manager has said that it was my fault because I had not purchased proper walking boots. Is she right?
No. The Sale of Goods Act 1979 says that the goods you buy should be fit for any purpose that you have made known to the seller. If they have sold you the wrong boots that is the shop's fault, you used their skill and expertise by asking them to help you select the boots for your holiday. You should return to the shop and ask the Manager for a refund or replacement pair of boots.*
See also: Buying Goods
Excess Packaging
I have purchased a product which I believe has too much packaging, what can I do?
Where can I find out more about packaging technology, the reasons for its use and what is being done to reduce it ?
I have purchased a product which I believe has too much packaging, what can I do?
A If you are a Hampshire resident please contact us at Hampshire Trading Standards on 01962 833620 or via rsadvice@hants.gov.uk . We will need the product details, and the date and place of purchase. If you are able to send us the original packaging, that would also be useful.
(If you are not a Hampshire resident, please visit www.tradingstandards.gov.uk/ and enter your postcode in the search box to identify your local Trading Standards Office.)
An initial assessment will be made by specialist officers before a decision on the most appropriate course of action is taken.
Please note that the legislation governing excess packaging is open to interpretation. Formal enforcement action is only one of the options available to us.
Where can I find out more about packaging technology, the reasons for its use and what is being done to reduce it?
A There are several organisations providing advice and information. The Waste and Resources Action Programme (WRAP) is a government initiative offering support and advice on packaging, recycling, waste reduction etc. Their website address is www.wrap.org.uk.
The Industry Council for Packaging and the Environment (INCPEN) is a non-profit organisation which carries out research into packaging use, reduction, recycling and recovery. Its website address is: www.incpen.org.uk
* The Frequently Asked Questions were developed by the Crossing the Boundaries partnership (CtB) of Oxfordshire, Gloucestershire, Warwickshire, Worcestershire and Shropshire.