What+every+one+should+know+and+make+a+copy+of

What every one should know and make a copy of

__Buying Goods from Retailers__

• Your agreement is with the retailer, not with the manufacturer.

Complain to them. If the goods were faulty when you bought them, then the retailer must sort it out for you. If it tries to fob you off telling you to go to the manufacturer, it’s wrong.

• Goods should be of satisfactory quality and as described.

The Sale of Goods Act 1979 ensures goods should be of satisfactory quality and fit to do the job intended for them. Fit for purpose means both generally e.g. hi-fi speakers should play music but also specifically for any purpose you’ve asked. E.g. if you've asked ‘will they fit my Hitachi Hi-fi?’, and been told yes, but it doesn’t then it wasn’t fit for the purpose specified.

• __Examine goods and complain immediately.__ The amount of time you have to check whether goods are faulty depends on what is reasonable for that product. E.g. it takes longer to check a speedboat than a kettle. However in truth you really should try and complain within a week. Do that and you are entitled to a full refund.

Leave it longer and providing the goods were faulty when you bought them your right to a full refund may be lost. However you’re still entitled to a replacement, a reduction, or a credit note.

• __Proving goods were faulty when you bought them.__

Where the goods are faulty, take them back within 6 months and the shop has to prove they WERE NOT faulty when you bought them. After 6 months you must prove they WERE faulty when you bought them.

By law you have up to six years to make a complaint, but this doesn’t mean goods must last six years, they must last what most people would consider to be a ‘reasonable’ length of time. So if there is wear and tear that breaks the product then the likelihood is you have no claim. Yet if it was an unreasonable fault, you do.

If there is an argument over whether the goods are faulty or not – the burden of proof is on the consumer.

• P __ay on a credit card.__

Pay for goods worth over £100 even partially on a credit card and the credit card company is equally liable with the retailer; this gives you a second bite at the complaining cherry. This does not work with debit cards though (as this stems from Section 75 of the Consumer Credit Act 1974 and is about 'credit giving' cards).

This used to be valuable protection if you’re buying goods abroad as it’s much easier to make a claim against the credit card company than a foreign company. Unfortunately a recent court ruling means it no longer applies to goods bought abroad. This ruling is likely to be appealed on challenge by the OFT, and some cards are still honouring it in the meantime.

• __When you’re not covered.__

If you knew the goods were faulty when you bought them.

If you’ve seen them anywhere else cheaper.

If you bought the goods for the wrong purpose. However, though you don’t have a right this doesn’t mean you shouldn’t ask. Many shops will allow it.

__Extra Briefing: Settling an old debate__

Can you force a shop to sell you goods if you see them mistakenly under-priced?

No, sorry. If they’re mis-priced the shop can refuse to sell you them. There is no contract until it has accepted the cash. Before that point they can refuse (and if it is on the internet even if they have accepted that case, it can argue using the Law of Mistake that the transaction isn’t finalised). However, you can report them for misleading prices to the trading standards office. See extra briefing on Misleading Prices.

__Buying on the internet (applies to mail order too)__

• You have the same rights as in a normal shop

Providing you are buying goods from a UK based company, then it works exactly the same way as walking in a shop, the only exception being....

• You’ve a right of seven days to cancel

Under Distance selling regulations, you have seven working days to cancel after receiving the goods or if it’s a service you have seven working days to cancel the contract, which actually means you have more rights when you buy stuff on the web (or mail order) than you do for buying in a shop (this doesn’t apply to fresh food, flowers, or sealed audio equipment).

However, take care of the goods while you’ve got them as you have to send them back in reasonable condition.

• __Use credit cards__

Use a credit card for extra protection because then the credit card company is equally liable (see above).

• __Beware of overseas firms__

If buying goods from firms based abroad, beware, UK laws won’t cover you.

• You’ve a right to clear information

When buying UK goods you have a right to clear information, written confirmation of your order, and details of how to cancel and delivery details.

• __Buying on eBay__

See a specific article on eBay rights.

__Holidays__

• Should be as described

The holiday should reasonably comply with any descriptions. The accommodation that’s booked for you should be available and not overbooked. It is a criminal offence under the Trades Descriptions Act if descriptions aren’t truthful and accurate. A minute from the beach should be a minute on foot or taxi, not a minute on Concorde.

Photos should not be misleading either. And under package holiday regulations you also have a right to compensation for any negatively misleading descriptions too.

• __Always read the t&c__ s

Always read the terms and conditions. This is where people get caught out. Read the full details of the holiday and what’s included and expected before you go. There is no automatic right of cancellation.

• __Changes before you go__

If they substantially change the holiday terms before you go – you’ve a right to a full refund. If you still want the holiday, but aren’t happy – write and tell them and that you will assess the impact the changes actually have on your trip.

• __Problems while you’re ther__ e

If things go wrong while you’re on holiday, always ask for a complaint form there and then. If not you may lose the right to any compensation. You must give them the opportunity to put it right.

Take video or photo evidence or supporting notes from other holidaymakers if there is a problem. Keep details of who, what, where, when, how and why things went wrong and keep receipts of any extra costs incurred.

If the tour operator won’t do anything, when you get home you can either take them to court or go to the ABTA tribunal service.

__Second-hand goods__

• Sale of goods act still applies

Second hand goods and sales goods bought from shops still follow the same rules, if they’re faulty then you can still return them. The idea that because you’ve bought sale or second hand goods means you can’t return them is wrong. They must be of satisfactory quality, but the price must be taken into account. If you buy a car for a fiver, you don’t have a right to expect it to run normally. If you are made aware of any faults when you buy them, you can’t return them later because of that fault though.

• __With private sellers it’s ‘buyer beware’__

However buy second hand goods from private sellers and you’ve only a right that the product is correctly described and the owner has the right to sell it. Here it’s caveat emptor or let the buyer beware. If the buyer says nothing and no description and you buy it – then that’s it – even if it doesn’t do what you thought it may – you were not missold. __• Second hand cars specificall__ y.

If buying from a trader your rights are the same as always. However certain factors must be taken into account. A car should be fit to use on the road, be in a condition that effects its age and price and be reasonably reliable. ‘Sold as seen’ has no basis in law, your sale of goods act rights still apply.

Note private sellers of cars works like all second hand private sales (see above) however unless stated you have a right to expect the car will pass an MOT.

__Restaurant__ s

• Prices should be clearly displayed

All pubs and restaurants should clearly display their prices.

• __Food quality__

The food should be of satisfactory quality, this includes being hot when it’s hot food. If it isn’t you can claim a full or partial refund depending on the problem. You may want to report them to your local Environmental Health Department, as improperly cooked food, or food served at the incorrect temperature, may pose a health risk.

• __The food should be as described__

Home made should be home made – if not it’s actually a breach of criminal law under the trades descriptions act. And it’s a breach of contract so you could fairly deduct the value of the difference between home made and manufactured cost.

• __Service charges__

You do not have to pay service charges. And if the service charge is included in the food – you are legally entitled to deduct a reasonable amount if the service was not as expected – say 10% - 15%.

• __What if they say ‘pay or we’ll call the police’__ ?

If you feel forced into paying then pay ‘under protest’ and then you can dispute the cost later and make a claim later. This way if you feel they’re going to call the police you are protected against such things.

• __Toilet facilities__

All restaurants should provide toilets for their staff and wherever possible for customers as well. Premises that are open after 11pm or have a drinks licence must have toilets.

• __Tap water__

Restaurants, shockingly, don’t have to provide tap water to the public but if they do they may charge for it. However it is illegal for them to pretend it is bottled water.

If you’re unsatisfied

If you are unsatisfied then complain to the trader there and then. And only pay what you consider to be a reasonable amount. If you’re totally unsatisfied then pay nothing. If you feel forced to pay then say you are doing so ‘under protest’ and you will be making a claim against them for distress. Take photos, get evidence and, in certain situations such as hairdressing, others' opinions. If not then you can pursue a claim at the County Court.

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