What are faulty goods?
Faulty goods would be those that do not meet the expected standard because they are either broken, damaged, unusable or do not match the description provided. Sellers have a duty to ensure their products are of a satisfactory quality and fit for purpose lasting a reasonable amount of time. They must also make sure they are of likeness to any samples, models or descriptions available to be seen or examined. Falling below these requirements constitutes faulty goods.
Your rights as a consumer:
As a consumer you are protected by the Consumer Rights Act 2015 which sets out a list of rights that you are legally entitled to on goods purchased, whether online, instore, second hand or any other method of purchase, even possibly where the goods have come from abroad if they have agreed to sell to the UK under UK law. Some of these rights include the following:
Changing your mind:
- You have a legal right to change your mind about online purchases though you may have to cover postage costs.
- You have a right to change your mind on instore purchases within 14 days or dependent on store policy.
Refunds and repairs:
- For faulty goods returned within 30 days, you have a right to reject the item and obtain a full refund in most cases, known as ‘the short term right to reject’.
- Refunds can include cost of postage excluding some tailored or bespoke items.
- You have a right to request a replacement or repair with the seller bearing costs.
- Faulty repairs of a returned item will also entitle you to a refund.
- Where you return the item after 30 days and before 6 years, you may still be entitled to a repair or replacement, however after 6 months, the onus is on the buyer to show that the goods were faulty.
- Returning without a receipt is possible if you can assist the store in finding your transaction, particularly where you are able to provide transaction details.
- You have a right to receive your refund within 14 days from when the seller agrees the refund.
Goods:
- You have the right to accurate descriptions of products being available to you.
- Where items are bought second hand you do still have rights, but their durability is to be considered in line with the condition they are sold.
Deliveries:
- You have rights to refunds where deliveries have never arrived or were missed.
- You have a right to delivery on date agreed or within 30 days in absence of agreement.
Disputes:
- Where there is a dispute it is for the seller to prove your item was not damaged or faulty.
- If you return the item after 30 days, the seller is allowed a chance to repair or replace the item however if they fail to do so you are entitled to a full refund.
- After 6 months the seller may reduce the discount for use by the consumer up to that point.
- A seller can ask you to prove an item was faulty at purchase if you ask for a repair after 6 months.
If you require advice, please do not hesitate to get in touch with us. us.
