A business must provide goods or digital content that are:
Satisfactory quality
This is the standard that a reasonable person would regard as satisfactory.
It takes into account any description of the goods (including information in any advertisement), its price, its appearance and finish, safety (when used properly) and durability.
Goods or digital content must be free from defects, even minor ones, except where the defects were brought to your attention by the seller, like goods sold as 'shop-soiled' or where you examined the goods and the defect was not obvious.
Fit for their purpose
This includes any particular purpose you mention to the seller (such as requiring software to be compatible with a PC).
As described
The goods or digital content must be as described on the package or a display sign, or as described by the seller. For example, if you're told that a shirt is 100% cotton, it shouldn't turn out to be cotton and polyester.
Installed correctly
Goods must be installed properly where the installation was agreed as part of the contract.
Match a sample or model
Where a seller sells goods by reference to a sample or model that you have seen or examined before you bought them, then the goods must match that sample or model. If there are any differences from the sample or model then the seller must tell you about these before you buy the goods.
Digital content can include:
The laws that protect consumers' rights include:
When selling goods, a business must not:
If a seller does any of the above, you should contact the Citizens Advice Bureau or speak to a legal adviser.
Misleading actions and omissions
A seller might be guilty of a criminal offence if they mislead you into making a different decision about whether or not to buy something. For example, a seller might tell you that your washing machine can't be repaired and you need a new one, when that is untrue.
A seller might also be guilty of a criminal offence if they fail to give you important information that affects whether or not you buy something - for example, advertising mobile phones for sale without mentioning that they're reconditioned.
You have a right to claim back the money you paid to a seller if you bought the goods because the seller used misleading or aggressive sales tactics. For more information see the government guide on misleading and aggressive commercial practices.
If the goods or digital content you buy from a business aren't of satisfactory quality, aren't fit for purpose, don't match their description or aren't installed properly, the seller will have to put things right. It's the seller who is responsible for this, not the manufacturer. If you're told that the manufacturer is responsible or that you have to claim on a manufacturer's guarantee, you shouldn't accept this.
Depending on the circumstances, you may have one or more of the following rights:
If digital content is provided for free you will not have any of the rights mentioned above unless:
You will have an automatic right to a refund if no more than 30 days have passed from the date of the contract. If you want to claim an automatic refund, you must reject the goods and claim a refund from the seller. The contract is usually made when you pay for the goods or when they have been delivered. If the goods and digital content are supplied together then you will have this right. This includes, for example, buying a DVD, washing machine or a car, as they all contain digital content.
It doesn't apply if you:
It'll be up to you to prove there is something wrong with the goods if the seller doesn't accept this.
A refund must be given within 14 days of the seller agreeing that you are entitled to it.
If, within the 30-day period, you request the seller to repair or replace the item, then the 30-day time limit will be paused. Once the item(s) have been repaired or replaced, you will then have the remainder of the 30-day period or 7 days (depending on which one is longer) to check if the repair or replacement has been successful and decide whether to accept or reject it.
If you think you're entitled to a full refund, but the seller offers you only a partial refund, or a repair or replacement instead, you don't have to accept it.
If you aren't entitled to a full refund, you may be entitled to a repair or replacement or to get some of your money back instead.
If there's something wrong with your goods or digital content, and you no longer qualify for an automatic refund for goods or you don't want a full refund, or if you just bought digital content, you can ask the seller to either repair or replace the goods for free instead.
If you return it within 6 months
If you return faulty goods or digital content within 6 months of buying them, the seller must accept that they were faulty at the time of sale and offer to repair or replace them. If the seller doesn't accept that the goods were faulty, they'll have to prove that they weren't.
If you return it after 6 months
If you've had your goods or digital content for more than 6 months when they go wrong, you can still ask the seller to repair or replace them, but you may have to prove that they were faulty when you bought them if the seller doesn't agree. You can ask for a repair or replacement for up to 6 years after you bought the goods or digital content (5 years in Scotland), as long as it's reasonable for them to last that long. If the goods or digital content go wrong after 6 years (5 years in Scotland), you no longer have the right to ask for a refund, repair or replacement.
If the digital content is modified, by software upgrades for example, then the time limit outlined above will still start on the date you bought the item and not the date it was modified.
Repair or replacement?
If the seller agrees to carry out a repair or provide a replacement, they must do this within a reasonable period of time and without causing you any significant inconvenience. If you ask the seller for a repair, but this turns out to be impractical or too expensive, the seller doesn't have to repair your goods, but can give you a replacement instead.
Similarly, if you've asked the seller to replace your goods, but this turns out to be impractical or too expensive, the seller doesn't have to replace them, but can repair them instead.
Price reduction or refund
These rules differ depending on whether you bought goods or digital content.
If you bought goods or digital content and neither repair nor replacement are practical, you can ask to get some or all of your money back.
You can also ask for this if:
You will either be entitled to a price reduction or you can reject the goods, depending on whether you choose to keep them. If you choose to keep them you can claim a reduction in price, which must be an amount appropriate to your circumstances and could be the whole price.
If you reject the goods then you should get a full or partial refund, depending on whether the seller will take your use of the item into account. Note that this right is not available if you buy a motor vehicle.
For digital content, you will only be entitled to a price reduction.
A credit card company is jointly liable with the seller if an item bought is faulty. However, the item bought must cost between £100 and £30,000.
When you complain about goods, the seller may offer you a credit note. A credit note allows you to return the goods and buy something else from the seller for the same value.
If you have the right to a refund, repair, replacement or compensation, you don't have to accept a credit note instead, but you can choose to do so. You can also choose to accept a credit note where you don't have any of these rights, but you can't insist on having a credit note if the seller doesn't want to give you one.
If you accept a credit note, you can't change your mind later and get a refund or compensation, even if you were entitled to it.
If you're thinking of accepting a credit note, check the conditions on it, especially any time limits. Make sure that the seller has goods that you want to buy.
You won't have these rights if:
In some situations, you only have limited rights when things go wrong with your goods or digital content.
. These include situations where:
When you buy something, the seller might give you other rights on top of those that the law usually allows. For example, some shops let you return items during a short period after you bought them, even if there is nothing wrong with them.
Sometimes you'll agree on a particular requirement that you've negotiated with the seller on an individual basis, such as a specific delivery date. You have a right to expect the seller to meet that requirement. If they don't, you may be able to ask for your money back, an exchange or replacement, or a discount in the selling price.
'Standard' terms are those that the seller has drawn up in advance and not ones negotiated individually with you. An 'unfair' contract term is a standard term in a contract of sale that makes the contract unfair to the customer.
Examples of unfair terms include contracts written in such a way that you can't understand them, or terms that try to take away your rights to claim from the seller for faulty goods or digital content.
Usually, if there is any doubt about the meaning of a contract term, it should be decided by a court in favour of the customer.
It's against the law to discriminate against someone on the grounds of their sex, sexuality, religion, race or disability when providing goods or digital content. Sex discrimination includes discrimination against transsexual people and discrimination against women because of pregnancy or maternity.
In Northern Ireland, it's also against the law to discriminate against someone on the grounds of their political opinion. For example, refusing to sell goods to a homosexual customer is discriminatory and is therefore unlawful.
If you have bought dangerous or faulty goods (or digital content), or if you know that a seller is selling them, or if a manufacturer has an unsafe product on the market, you should complain to the Trading Standards Institute and get advice from the Citizens Advice Bureau consumer service.
You can claim compensation for unsafe products that have caused damage or personal injury. If you bought them yourself, you can claim compensation from either the seller or the manufacturer. If you didn't buy them yourself, you can only claim compensation from the manufacturer. You may have to go to court to get compensation.
If you want to claim compensation for personal injury or damage to property, you should get specialist advice from a solicitor or the Citizens Advice Bureau.
If you have bought goods, digital content or services from a seller because of their misleading or aggressive sales practices, you can:
In addition, you can start a court claim for compensation for any additional financial losses, alarm, distress, physical inconvenience and/or discomfort that you've suffered
If you make a claim either to recover your money or for a discount, you won't need to prove to the seller that you suffered any loss or that it acted dishonestly, recklessly or dishonestly.
For more information see the government guide on misleading and aggressive commercial practices.
You can cancel a contract in any of the following situations:
Don't rely on phone calls - you have no proof of what was said in any conversation.
Send the seller a written notice, such as an email or letter by recorded delivery post, within the time limit, stating that you wish to cancel.
Remember to keep a copy of that notice. You'll normally have to return all goods.
For more information, see Right to cancel a consumer agreement.
Go back to the seller as soon as possible. Explain your problem, identify the faults, tell the seller what you want to be done and set a deadline. If you don't get a good enough response, write to the seller and detail the problems. If the business is part of a chain, write to the head office address as well. Address these letters to the customer services manager or the chairperson.
If you're unable to resolve the situation with the seller, it may be necessary to go to court to resolve it. If you choose this route, you may have to pay an independent expert to examine the goods and compile a report.
In some situations, you have rights related to the availability of spare parts. These apply to:
If you have one of these that no longer works because of general wear and tear, or a faulty part, the manufacturer must make spare parts available either to you (to fix it yourself) or to a professional repairer (where the part needs professional training to replace).
This obligation lasts for 7-10 years (depending on the type of appliance) from the day the last unit of that model of the appliance was placed on the market.
Manufacturers must also make the following information available on a freely accessible website:
Manufacturers must ensure that when spare parts are ordered, they are delivered within 15 working days and that the spare parts can be replaced with the use of commonly available tools without causing any permanent damage to the appliance.
You should only make use of this right if: