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Kids
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toolkit

If you’ve bought goods, which are faulty, you’re entitled to a refund, repair or a replacement. Here are some important things to remember if things go wrong:

Your Rights

By law, any goods you buy must be:

  •  of 'satisfactory quality'. The goods must be free from defects except when they have been brought to your attention.
  • must be 'fit for their purpose'. The product must be able to do what it was sold to do. The product must also be able to do anything the seller says it will do.
  • must be 'as described' on the package or display sign. If you buy a food product with a label stating that it is 100% fat free, then that is what you should get.

If the goods do not meet these standards you are entitled to reject them and get your money back, if the goods are returned within a "reasonable" period (normally a few weeks). You do not have to accept a repair, a credit note or replacement (although you may want to consider this if you've had the goods for some time).

You also have the right to require the seller to repair or replace the goods within a reasonable time and without causing you significant inconvenience. If this would be impossible or disproportionate (eg. the cost of a repair would be more than you paid for the item), or the retailer does not repair or replace without inconvenience within a reasonable period you can require them to reduce the price of the goods by an appropriate amount or rescind the contract.

Some retailers may argue that any fault is a result of you damaging the goods in which case you would need to prove that this is not the case, perhaps by obtaining an independent expert opinion. Ultimately you might have to prove your case in Court. If you had to pay for an expert opinion you can claim the cost of this as well as the refund.

What To Do

Stop using the goods straight away.

Tell the trader AS SOON AS POSSIBLE. Depending on the circumstances, the longer you hang onto the goods the more likely it will be thought that you have accepted them – including the fault!

Either return to the shop, phone or write to them to let the trader know.

Unless the goods have been reduced because of a fault, you are still entitled to refund on sale items.

If you do not have your receipt you may have to prove that you bought the goods from a particular trader, e.g. cheque stub, bank statement, credit card statement.

A trader (shop) cannot avoid giving refunds on goods, which are faulty by blaming the manufacturer or their supplier, your contract lies with the shop who sold them to you!

If a fault has been pointed out to you before buying, you do not have the same rights to reject them and get a refund, as if the fault happened after you bought them.

If the damage was caused by neglect, misuse, or abuse you will not be entitled to anything.

If you agree to have faulty goods repaired by the trader and they are still unsatisfactory, you still have the right to reject them.

Guarantees and warranties are sometimes issued with goods that you buy can be an added bonus to your consumer rights. Check the terms and conditions to see if you can make a claim that way.

If the goods you have bought are unsafe or have caused any damage, please report the matter to Lancashire Trading Standards.

 

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