Consumer Rights – Faulty Goods and Damaged Goods
Getting a Refund Under the Sale of Goods Act 1979
Dec 24, 2008
Faulty goods and damaged goods are covered by a useful piece of legislation, the Sale of Goods Act 1979. This extends consumer rights to customers meaning that getting a refund is a strong possibility. Always keep receipts, inspect goods when possible and act quickly when something is clearly wrong.
Faulty Goods and Consumer Rights – the Sale of Goods Act 1979
The Sale of Goods Act 1979 makes getting a refund possible for up to 6 months if faulty goods are established as a potential issue. The legislation places the onus of proof on the retailer to demonstrate that they weren't defective when purchased.
All goods must last for a "reasonable period of time", but the Sale of Goods Act 1979 gives a consumer up to 6 years to make a claim. A spokeswoman for the Department of Trade and Industry stated that "There is a common misunderstanding that the EU Directive requires a two-year guarantee to be given, but that is not the case."
General wear-and-tear is unlikely to constitute a successful claim as that would constitute a warranty-related issue. The problem needs to be a genuine defect with the product that stopped it from working earlier than could be realistically be expected.
Damaged Goods and Consumer Rights – the Sale of Goods Act 1979
Consumer rights for damaged goods are also covered by the Sale of Goods Act 1979. No product is "fit for purpose" if it doesn't work. For example, a brand new TV set that doesn't show a picture or play sound isn't "fit for purpose'.
It is advisable to perform a visual inspection of the purchase as most damaged goods are easy to identify. However, some internal defects can only be identified when they are taken out of the box or switched on at home.
Damaged goods are vastly easier to identify than faulty goods, thus the Sale of Goods Act 1979 only extends a reasonable period of time that is relevant for the product. Given the relative ease of inspection, it is a reasonable expectation that the item is returned within 7 days. Extensions will be permissible for birthday gifts and Christmas gifts.
Consumer Rights and Getting a Refund
Return the faulty goods or damaged goods as soon as a problem is identified. A customer may be offered a replacement product, credit note or free repair but there is no requirement under the Sale of Goods Act 1979 that this is accepted by the consumer.
Birthday gifts and Christmas gifts normally need to be reported as not being "fit for purpose'" by the purchaser. This is because the contract exists between the buyer and the seller. In practical terms, asking the buyer for the receipt and taking the faulty goods or damaged goods back personally should suffice.
If an item is difficult or expensive to return, it isn't necessary to incur costs personally. This applies provided the goods have been purchased recently and weren't gifts.
The Sale of Goods Act 1979 was designed to protect consumer rights so the onus is firmly on the seller to prove that the buyer's claims are erroneous. It is important to always act quickly when faulty goods and damaged goods have been purchased as it strengthens the chances of getting a refund.
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