This civil law gives the
consumer, a number of important rights. You can't ask
for a trader to be prosecuted by a Trading standard for
a breach of civil law. You will be the one who has to
take action - by suing in the county court or small claims
court in Scotland. The sale of goods act says that every
time a trader sells you something he has to make sure
that he is doing three things:
goods
have to match description given. If selling a dog
as a "sprightly 2 year old" then it shouldn't
be an ancient hound on its last legs. A pair of trousers
described on the label as being "100% pure cotton"
should be just that. A solid chocolate Easter egg shouldn't
be hollow. All these situations would he covered by
the Trade Descriptions Act 1968, so report the seller
to Trading Standards if you thought he was out to con
you.
goods
must be of satisfactory quality.
They must work and do their job properly, be free from
minor defects, have a reasonable appearance and finish,
be safe and durable. The price that you pay is important.
You don't get top quality at rock bottom prices. Second-hand
goods will obviously not be in perfect condition (ask
yourself why their first owner wanted to get rid of
them) neither will anything marked "shop soiled"
or "seconds". The seller isn't responsible
for any defects, which he told you about, or which you
should have noticed before you bought them.
goods
must he 'fit for their purpose'. Wellington boots
shouldn't let in water (although fashion boots might).
If you ask for a food mixer that beats, whisks and kneads
dough then the one the seller gives you should do all
these things. Be careful of making assumptions. If you
want something to do a particular job then say so, Don't
just pick up the first thing that comes to hand and
hope for the best. If you do then you've only yourself
to blame if it doesn't measure up to your requirements.
Unsatisfactory goods
- If the seller fails
to meet any one of these 3 conditions (description, satisfactory
quality and fitness for purpose) they're in "breach
of contract". Despite anything a retailer may tell
you, you have no legal claim against the manufacturer
under the sale of goods act. The law says that it's the
retailer's responsibility. If
the fault is serious and you find it immediately, or soon
after purchase, you're entitled to your money back. If
it's less serious and can be fixed by a simple repair
or adjustment, the trader may offer to do that. If the
repair doesn't work and you're still unhappy with the
quality, you can ask for your money back. Occasionally
you may suffer other financial losses as a result of buying
faulty goods e.g. a T-shirt may be described as "machine
washable" but when you take it out of the machine
you find the dye has run and stained other clothes, or
you have to pay travel or postage expenses. These costs
can form part of your claim against the seller.
Credit
notes - Traders often offer you a credit note instead
of a refund i.e. a piece of paper that the trader writes
on promising to give you goods in exchange for its value.
You don't have to accept a credit note if you have bought
faulty or mis-described goods, so don't be fobbed off
with one. If you think you're entitled to a refund say
so and don't take anything less than the law allows you.
Other points to remember:
if you
keep faulty goods for a long time without telling the
shop, you'll lose your right to reject them, so take
them back immediately.
the Act
doesn't say that you have to produce your receipt -
but you'll need to prove that you bought the goods and
a receipt is the simplest way.
you aren't
entitled to a replacement, but if you're offered one
and are happy to accept it then fair enough.
you're
not entitled to anything at all if you've simply changed
your mind or decided that you didn't like something.
just
because a garment doesn't fit you doesn't mean that
it isn't fit for its purpose. So try before you buy
- or ask the seller beforehand whether he'll agree to
give you your money back if it's not suitable.
Changes to
the Sales of Good Act, came into force at the end of March
2003, allowing customers greater power when returning faulty
goods. On the
31st of March 2003,
the Sale and Supply of Goods to Consumers Regulations 2002
updated the existing Sales of Goods Act. One of the implications
of the new regulations was that consumers can now seek repair,
replacement, partial or full refund on any goods that were
faulty or defective at the time of purchase. More importantly,
consumers no longer have to prove that the goods were faulty
when purchased; instead the retailer will have to prove
that they were not! These provisions do not apply to the
fair wear and tear or misuse of goods and after the six-month
period the onus will return from the retailer back to the
consumer. The principle additions to the current Sale of
Good Act are:
1. Consumers have the right to have
faulty goods that are otherwise not in conformity with
the contract, repaired or replaced (unless it is disproportionate
for the trader to do so), or to require the seller to
reduce the purchase price.
2. The burden of proof of defects and other non-conformity
to contract will be reversed in favour of the consumer
for the first six months of delivery
3. Any guarantee offered by the product or seller will
be contractually binding and they must be written in plain
language
