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'd had the opportunity to examine it when you bought it, and you should have spotted the defect.

Consumer law dictates that you have the following rights in these situations:

When buying motorbikes, parts and accessories from a business

• The good must be of a reasonable appearance; therefore 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.
• The goods must be of a satisfactory quality of goods; this is based on what a reasonable person would regard as satisfactory, taking into account description, price and other relevant factors.
• These rights exist regardless of what may be included in any terms and conditions provided by the seller. If the goods are not of reasonable appearance or satisfactory quality you are entitled to a refund.
• The goods 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.
• The good must be fit for the purpose that you indicate to the seller you wish to use them for.
• The seller is not obliged to give you a refund if you damage the goods by trying to fix them yourself (or having someone else fix them).
• You have the same rights on sale products as full price products, unless any defects are brought to your attention before you make your purchase.

When buying motorbikes, parts and accessories from a private individual

• Most of the rights that apply when buying from a business do not apply when buying from a private individual who is not the business of selling bikes, parts and accessories. This is because the protection afforded above comes from the fact that in those transactions you're a consumer, whereas with a private individual you're equals.
• It's therefore very important to make sure you examine fully any goods before purchasing, as essentially everything is sold 'as seen'.
• If the seller leads you to believe that the goods are of substantially higher quality than they in fact turn out to be then you may be entitled to compensation. This won't be a refund, but the difference in value between what you thought you were buying and what you did in fact buy.

When having work done on your motorbike by a garage

• The work done must be done using reasonable care and skill. However, this doesn't mean the work must be done to a satisfactory standard; merely that reasonable care and skill must be used. What is reasonable will depend on various factors, such as their expertise, what other mechanics would have done, and the price you agreed to pay for the work.
• The work must also be done in a reasonable time for a reasonable price. Again, what is reasonable will depend on the facts in your particular case.
• The garage isn't allowed to exclude liability for any injuries caused to you that are a result of their negligent work on the bike.
• The garage is able to exclude liability for damage to property (i.e. your motorbike, clothes, home) if the exclusion is reasonable.

What to do if it goes wrong

Even with the best of intentions, inevitably problems will sometimes occur. To begin with, always try to resolve issues between you and the seller or garage. 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.  We've a guide on our website for small claims disputes, which may be of help.

Try and remain calm and polite, though this is sometimes easer 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.

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 a member of our specialist team.

They'll be happy to help.

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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.

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