Q. I bought a washing machine 10 months ago,
and it has now gone wrong. The shop has refused to do anything
other than repair it. Am I entitled to a refund or an
exchange?
A. The Sale of Goods Act 1979 says that you can usually
only reject goods and have a refund within the first few weeks
after purchase. After this length of time, the Sale of Goods Act
says that you are allowed to claim 'reasonable compensation',
usually, a repair or the cost of repair.
Recent changes to the Sale of Goods Act provide an additional
remedy for the consumer. This states that you could ask the shop
for a repair. You could also ask for a replacement but you would
probably be expected to contribute something towards this to
account for your use of the machine. If neither of these remedies
were delivered you could claim compensation as we have already
said.
Q. I have seen a CD player on sale in a shop that I want
to buy. However, when I tried to buy it the manager told me it was
the wrong price. Can I make the shop sell it to me at the displayed
price?
A. No. You cannot make a trader sell anything to you if
they don't want to. In civil law when goods are displayed in a
shop, a catalogue or an advertisement, this is called an
'invitation to treat'. This means that it is an invitation for the
consumer to make an offer to the shop to buy the goods, and it is
up to the shop whether or not they want to accept that
offer.
However the shop might have committed a criminal offence. This
is because the Consumer Protection Act 1987 says that traders must
not display misleading prices. You could report this to Trading
Standards who may investigate the matter, however if this was a
'one-off' genuine mistake they would be unlikely to take any
action.
Q. I bought a jacket for my daughter the other day,
but when she tried it on she didn't like it. I thought I was
entitled to have my money back, but the shop has said no, and will
only exchange it or give me a credit note. Are they allowed to do
this?
A. Yes. The law only requires a shop to take
goods back and refund if they are in breach of contract, in other
words if the goods are faulty or incorrectly described. If you have
made the wrong choice, then they don't have to do anything, not
even offer a credit note or exchange, so what they have offered is
more than they have to.
Of course, many shops have very generous policies and allow you
to bring back unwanted goods, but crucially, they don't have to. If
in doubt, check with the company before you buy, and if necessary
get them to write on your receipt if they agree to offer a
refund.
Q. I ordered a new bathroom from a local company, and
they finished installing it yesterday. However, the quality of
workmanship is very shoddy. Some tiles are chipped and coming off
the wall, the bath panel has been dented, and the shower leaks. I
haven't paid yet. What are my rights?
A. Under the Supply of Goods and Services Act 1982 you are
entitled to expect the work to be carried out using reasonable
skill and care, i.e. a good professional level of workmanship. You
are entitled to ask the company to fix any outstanding problems,
and replace any items that are damaged.
If they won't do this, you can withhold some of the money, to
reflect the cost of employing another trader to put the matter
right.
Q. Recently my computer broke down. The repairer said it
was the hard disk drive and fitted a new one, but a couple of weeks
later the fault reappeared. I spoke to the manager who said I would
have to pay for the second repair. Is this right?
A. No. If the new hard disk drive has failed or the repair
has not worked, the trader has broken his part of the contract. He
should compensate you either carrying out a repair without charge
or refunding your money.
Q. I ordered a bed from a shop, and was told that
delivery would be within 6-8 weeks. The 8 weeks are almost up. If
the bed isn't delivered by then, can I cancel the contract and have
my money back?
A. There is no general obligation on traders to deliver
goods within anything other than a reasonable time. It is likely
that the law would interpret the delivery time that you have been
quoted as being an approximate period for delivery, and you
probably would not be entitled, at this stage, to cancel the
contract.
However, you can try setting a date now by which time the goods
should be delivered. This is called making time of the essence in
the contract. You should write to the company, quoting a fixed date
by which time the goods should be delivered. If this date passes,
you would then be entitled to cancel the contract. You should set a
reasonable time limit - it would not be reasonable to write and say
that delivery should be by the next day!
It is always worth setting a firm date at the time you place the
order to avoid this sort of problem. Then, if there are delays in
delivery, you can quickly cancel the deal and go elsewhere.
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