General consumer rights
Download a copy of this General consumer rights guide for yourself
Every type of purchase is covered by consumer law, and what's important is that it applies to everyone.
Consumer law is made up of many different Acts and case law. The principle behind it is to place you in the position you'd have been in had the problem not occurred.
As you'd expect, a buyer has no real grounds for complaint if they were told about the fault before they bought the item, or if they caused the damage themselves.
What may surprise some people, however, is that you have limited grounds for complaint if you buy something after examining it, or if you had the opportunity to examine it when you bought it, and you should have spotted the defect.
Consumer law dictates that the products should fulfil the following:
Reasonable appearance and finish - as a buyer you should always inspect a product before you take it away or accept delivery. Once you've accepted an item it's very difficult to try to reject it or allege a fault later.
Satisfactory quality - this is based on what a reasonable person would regard as satisfactory, taking into account description, price and other relevant factors.
Description - the product must match any description in a brochure, or given to you by a sales representative. To rely on this you need to be able to show that a description was given and that you relied on it. This can be very difficult if it's given verbally.
Fit for purpose - this includes any purpose specifically indicated to the seller, even if it's not usually used for that purpose.
What to do if it goes wrong
Even doing all of these things, inevitably problems will sometimes occur. To begin with, always try to resolve issues between you and the seller.
The legal route can be an expensive one and could cost more than you are trying to claim back. Generally speaking, if your claim is worth less than £5,000 it may be worth trying to settle the matter via the small claims courts.
Whether you're buyer or seller, try and remain calm and polite, though this is sometimes eaiser said than done.
When you speak to people make a note of names, times and dates, plus everything that's said. If things become more complicated or take longer, put or respond to a complaint in writing, and ask that the other party responds in writing.
If you're a buyer, be realistic about what you're trying to achieve, and keep details and evidence in support of any losses.
If you're made an offer, consider it carefully and don't immediately disregard it. You may not get any more by going to court. If both parties are reasonable you could come to an agreement that suits everyone.
However, if you're unsuccessful trying to resolve your issue amicably, please contact us to speak to a member of our specialist team. For a free initial consultation, please call our helpline on 03700 86 86 86 or for further information, please visit our consumer rights page.
Tell us what you think
All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.
