Products not “of satisfactory quality” are the responsibility of the seller. So says the 1979 Sale of Goods Act, which details consumers’ statutory rights in the UK. It defines “satisfactory quality” as what someone reasonable would consider satisfactory after accounting for all relevant circumstances – price, durability, appearance and finish, safety, freedom from defects, and so on. If the customer buys the goods for an express purpose, then the goods are implied to be “reasonably fit” for that customer’s purpose.
The Act governs goods that are inherently flawed when they are purchased, even if the fault is not immediately apparent. Sellers are responsible for the goods for six years after the goods were purchased in England and Wales. In Scotland it’s five years. Note that the goods needn’t last for five or six years, only so long as it’s reasonable for them to last.
Getting a Refund
The manufacturer is not responsible if goods don’t “conform to contract;” this is the seller’s responsibility. Thus, if you want to request your money back for faulty goods then you must contact the seller “within a reasonable time.” A “reasonable” time isn’t defined, but it depends on circumstances. Generally, you should request your money back as quickly as possible.
When You Can’t Get a Refund
If the seller informed you of the goods’ flaws, or those flaws should have been obvious, and you purchased the goods anyway, you don’t have the right to a refund. If you decide you don’t want the good any longer, you can’t request a refund. The Sale of Goods Act only governs goods that were unknowingly flawed when purchased.
Damages
Should the goods not “conform to contract,” you can demand damages for up to six years in England and Wales or five years in Scotland. Damages usually equal the cost to repair or replace the goods. The burden of proof is on the buyer to show that the goods didn’t “conform to contract.”
Repair or Replacement
If you’d prefer, you can request the goods be repaired or replaced in lieu of damages. The repair or replacement must be done “within a reasonable time but without causing significant inconvenience.” After you make this request, the burden of proof is on the seller for six months – the seller must prove the goods were not faulty when he or she sold them. This reversed burden of proof only applies if you request a repair or replacement and it’s temporary; after six months, it shifts back to you.
Sometimes it’s impossible to repair or replace goods. In this case, you can request a refund – either partial or full, depending on what benefit you received from the goods. A refund is partial if you got some benefit. A full refund is warranted if you received absolutely no benefit.
Refusal to Honour Your Request
Given that faulty goods are the seller’s responsibility, if a store doesn’t honour your request you can take it to Small Claims Court. Because you’ll be seeking damages – as opposed to a repair or replacement – the burden of proof is again on you.
