Your rights when a product is defective

If you buy a product that is faulty or defective contact the seller immediately or you may lose your right for a refund.

First, you are not entitled to anything if:

• the buyer told you about the faults before you bought the goods.
• the fault was obvious and it would have been reasonable that you should have noticed it on inspection before buying.
• you caused any damage yourself.

If you bought a product and it is defective or becomes defective then you are entitled to return it or have it repaired free of charge. This is because when a business sells product online or via an auction they have to comply with the Sales of Goods Act. Section 14 of the Sale of Goods Act refers to the quality a buyer should expect from a seller. The product should:

• Be fit for purpose
• Have satisfactory appearance and finish
• Have freedom from minor defects
• Be Safe
• Be Durable

If the product does not meet above criteria then you have the right to return the item and receive a full refund.

Up to six months of protection

Since 2003 if a product becomes defective within the first six months of purchase, there's a presumption that they were defective when they were bought, in which case the seller is in breach of contract (Section 14 Sale of Goods Act) 

Sale items

You have the same rights when you buy a product on sale as you do if you pay full price. The law says that if goods are sold they must be of satisfactory quality and not be faulty. However, if the fault was drawn to your attention, or if the fault should have been obvious to you before purchase, you are not entitled to a refund.

Repair instead of refund

If you act quickly to return an item then you should receive a full refund. But if you ‘accept’ the item, then the seller can offer to repair, compensate or offer you a discount. So, it is important that you contact the supplier, preferably in writing or email, as soon as the fault appears. If you delay you may lose your right to a refund

Under the Sale of Goods Act, acceptance can take place in three ways:

• By telling the retailer that you have accepted them.
• By acting like the goods are your own. e.g. if you customise them then you are deemed to have accepted them.
• By keeping them for longer than a reasonable time without telling the seller that you have rejected them.

If acceptance has taken place, then the seller can offer:

Repair or replacement

The trader can refuse to agree to either of these remedies if it is disproportionate in comparison to the other remedies. An example would be if you ask a trader to replace a refrigerator - he would be entitled to turn down your request and offer a repair instead.

However, the repair or replacement must be done within a reasonable time and without causing significant inconvenience to the buyer. If this does not happen they buyer can claim a refund or request a reduction in purchase price.

Compensation (damages)

Rescission or reduction in price

These financial remedies can only be done if there is a failure of the repair/replacement option once acceptance has taken place. If the trader agrees to rescission (to rescind or set aside a contract), the amount paid may be reduced to take account of usage.

Once you have chosen a remedy and the trader has agreed, you must give the trader a reasonable time to implement the chosen remedy. If a remedy cannot be agreed upon, then the courts have the power to choose any of the remedies.