Consumer Rights Service

Last Updated: 01.12.2010

The law protects you if you have a problem with many of the products and services you buy. Find out what your rights are when you go shopping, hire a service like a builder or have an unsafe product.

We provide clear practical consumer advice including your rights, counterfeit goods, scams, defective products, making complaints, electrical and gas appliances, estate agents, holidays, travel, goods, and other services.

Your legal rights when you buy goods

When you buy goods (including goods supplied as part of a service), the law gives you certain rights as a consumer. The law says that the goods must:

• be of satisfactory quality. This means that the goods should be free of any faults, including minor ones. They should be of the quality that a reasonable person would expect given the description, price and any other relevant circumstances. You can take into account the appearance and finish of the goods, and whether there are any defects (including minor ones). You can also take into account whether publicized information about specific features of the goods is accurate, and whether the goods are safe when used properly
   
• be fit for the purpose. This means that you must be able to use them for the purposes that you would normally expect from this type of product, or any purpose that you have told the seller you want to use them for
   
• match their description. This means that if there is a verbal or written description of the goods, it must be accurate. And if you choose goods after seeing a sample, your goods must match the sample.

There are a number of things a trader is not allowed to do when they sell you goods. These include:

• make a written statement that you have no legal rights when you buy goods
• make a false description about goods
• sell dangerous or unsafe goods
• try to charge for goods sent that you didn't order
• sell short measure or short weight
• give a misleading price, either in writing or verbally.

Your rights when things go wrong

If you buy goods from a trader and they are not of satisfactory quality, fit for purpose or don't match their description, the trader will probably have to put things right. It is the trader who is responsible for this, and not the manufacturer. If a trader tells you the manufacturer is responsible, or that you have to make a claim on a manufacturers' guarantee, you do not have to accept this.

Depending on the circumstances, you may have one or more of the following rights:

• to get all of your money back
• to get some of your money back
• to get the goods repaired
• to get the goods replaced
• to get compensation.

Getting a full refund

The law states that when you buy goods they have to be of a good quality, in other words not faulty, even if the faults are minor. They must fulfil the purpose for which they are intended as well as possessing an accurate description of what the item is. If the item does not meet one or more of these criteria you are well within your rights to claim a full refund.

However there are certain conditions under which these rights do not apply. If you bought the goods from a private individual, you are only legally allowed to claim a refund if they were inaccurately described when sold to you. You must also inform the trader as soon as the fault is discovered.

When you cannot get a full refund

• If you have used the item.
• If you tried to repair the item yourself.
• If you took too long to inform the trader of the fault.

Although you may not be entitled to a full refund you can still get compensation if you bought the goods on or after 31 March 2003, you may be able to get a repair or replacement.

Getting repairs or a replacement

If you would like to get an item repaired or replaced it depends on when they were purchased. If they were bought prior to 31 March 2003, you cannot to get them repaired or replaced unless the trader offers to do so and you accept this. If the goods were bought after 31 March 2003 you can ask the trader for a free repair or replacement. There is a time limit however; the claim must be made within 6 years of purchasing the goods providing the goods have lasted this length of time. The time period is 5 years in Scotland. After this period you cannot claim anything.

Get help with your consumer problems

Our Consumer Rights Advisers are trained in all aspects of consumer rights and help people to take the best course of action when they have a consumer problem with advice and information.

If you have a consumer issue visit a North Ayrshire Citizens Advice Bureau and speak to a Consumer Rights Adviser. Our contact details can be found at the bottom of the page, or email us via our contact us page.