The Sale of Goods Act says that the goods must be of satisfactory quality

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.
• you changed your mind, didn't like the colour or found another product cheaper. (unless you qualify for extra rights under the Distance Selling Regulations) See FAQ - What are my rights when buying from a business trader on an online auction?

However, if there is something wrong with the goods at the time of sale then you are legally entitled to request one of the following remedies:

A full refund.

You can ask for a full refund when the goods have not been accepted. Under the Sale of Goods Act, acceptance can take place in three ways:

1. By telling the retailer that you have accepted them.
2. By acting like it is your goods. e.g. if you customised them then you would be deemed to have accepted them.
3. By keeping them for longer than a reasonable time without telling the seller that you have rejected them. You must contact the supplier, preferably in writing, as soon as the fault appears. If you delay may mean you lose a right to a refund

If acceptance has taken place, then only the following remedies are available:

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)

The amount of compensation may be based on the cost of repair, or if that is not possible, compensation may be based on the purchase price with an allowance for usage

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 agreed how to resolve the problem, then you must give the trader a reasonable amount of time to carry it out. If it can not be resolved then you will have to go to court.

Last updated on April 4, 2008 by The E-Victims Organisation