The Sale of Goods Act 1979 states that sellers are responsible for products not “of satisfactory quality” up to six years after purchase. Satisfactory quality is what a reasonable person would take as satisfactory considering all relevant circumstances – price, appearance and finish, freedom from defects, durability, safety, and so on. If there’s an express purpose for which the goods were bought there is an implied term that the goods are “reasonably fit for that purpose.”
The Sale of Goods Act applies to goods that have an inherent fault when you purchase them, though the fault may not be immediately apparent. The six-year term is the limit for you to bring a court case in England and Wales; the term in Scotland is five years. This does not mean the goods need to last for five or six years. Goods need only last as long as is reasonable.
Getting Your Money Back
The seller is responsible if goods do not “conform to contract,” not the manufacturer. You can reject goods and request your money back “within a reasonable time.” Such time is not defined, but depends on circumstances. Generally you need to act quickly to request your money back.
When You Can’t Request a Refund
Prior to purchase, if you were informed of the faults, or if the faults should’ve been obvious to a reasonable person, you have no right to request a refund of your money. Neither can you request a refund if you decide you no longer want the goods.
Damages
If the goods don’t conform to contract, you have up to six years from date of purchase to demand damages (five years in Scotland). Such damages would generally equal the cost of repair or replacement of the goods. You must prove the goods did not conform to contract.
Requesting a Repair or Replacement
In place of damages, you can request a repair or replacement. The seller must repair or replace the goods “within a reasonable time but without causing significant inconvenience.” For a period of six months after the request, it is the seller’s responsibility to prove the goods were not inherently faulty. Note that this is a reversed burden of proof and that it only applies if you want a repair or replacement. After six months, the burden of proof returns to you and you must prove the goods were faulty.
If repair or replacement is impossible, you can request either a partial or full refund, depending on any benefit enjoyed from the goods. If you enjoyed some benefit from the goods, you may request a partial refund. If you received no benefit, you may request a full refund.
If the Seller Doesn’t Honour Your Request
Should a store refuse to take responsibility, you may seek damages in Small Claims Court. Since you are seeking damages, you will need to prove the product was faulty.
