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Faulty
Goods
We
are all purchasers in the High Street and the shopping centre
from time to time. Customers have rights that are clearly
stated in law. They are entitled to goods that are of a satisfactory
quality. A shop selling goods to customers cannot simply wash
its hands of the purchaser once money has been paid.
The law quite strictly defines satisfactory
quality, in the Sale and Supply of Goods Act 1994 which says
"goods are of satisfactory quality if they meet the standard
that a reasonable person would regard as satisfactory, taking
account of any description of the goods, the price and all
the other relevant circumstances."
In the Act, there are further factors mentioned
to assist, such as the fitness of the goods for the purpose
for which goods of that kind are used, their appearance and
finish, their freedom from minor defects, their safety and
durability.
If
you buy an item with which you are unhappy, then as long as
it is not of satisfactory quality, you are entitled to reject
the goods and claim your money back in full, and reasonable
compensation for any losses you have sustained as a result
of the purchase. The retailer is not entitled to insist on
giving you a credit note or a replacement item if you do not
want it. The customer has rights whether the goods are bought
for cash or on credit.
On
the other hand, if there is actually nothing wrong with the
goods themselves, the customer will have no right whatsoever
to a refund, nor indeed even to a replacement or a credit
note. Some stores and traders give automatic refunds and exchanges,
but that is by their commercial choice, and not by any rule
of law.
Often,
suppliers and stores will give a guarantee with the goods
they sell. Such a guarantee is part of the contract between
customer and seller, but it can only enhance the customers
consumer rights, it cannot reduce them. Sometimes shops will
try to say that as the complaint is not catered for in the
guarantee document, the customer has no right. The opposite
may in fact be true, and your legal rights may be greater
than those in the guarantee.
If
you are worried about dealing with problems over faulty goods
or any consumer transaction, see McCash & Hunter first.We
can advise you, and also correspond with the supplier to try
to resolve the matter on your behalf.
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