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Re: Where do we stand.
Extract from DTI leaflet (Pub3621/1998) the Trading Standards Institute uses as its benchmark:
“Unsatisfactory goods : your rights as a consumer”
Whether they are new or secondhand goods you buy from a shop they must be of satisfactory quality.
The test of quality is what a reasonable person would find satisfactory, taking into account the price, how the goods were described and other relevant factors such as their age. Making allowances for these factors, the goods should be:
* Fit for all the purposes for which goods of that kind are commonly supplied.
* Fit for your specific purpose – if the seller knows what the purpose is (unless it is unreasonable to rely on his opinion).
* Satisfactory in appearance and finish.
* Safe and durable.
* As described, for example, by the seller or on packaging and labels.
If you notice a defect (or you should have noticed it because it was obvious), or it is pointed out to you by the seller and you decide to buy anyway, you cannot say it makes the goods unsatisfactory.
“What can you do if the goods do not meet these tests?” :-
Remember your legal rights are against the seller. Don’t be put off by his arguments that it’s the manufacturers fault!
If the goods do not meet these tests when you first examine them or try them out, you can reject them and get your money back.
* You need not accept a replacement, free repair OR credit note
* If you agree to a repair it will not stop you claiming your money back if the repair turns out to be unsatisfactory.
* You do not lose the right to reject by signing a note of acknowledging delivery.
If you have had reasonable time to examine the goods or have used them for more than a trial and they go wrong or do not meet these tests, you cannot reject them, but you can claim compensation (damages). You can claim the loss in value of the goods and for any harm caused by their use (or not being able to use them). In practice, reasonable compensation will often be a repair, replacement or price reduction.
If the defect was present at the time of sale and if it was reasonable for the goods to last that long, you can claim compensation for up to six years after the purchase.
If you bought the goods on credit or with a credit card you may also have rights against the credit company.
Department of Trade and Industry (Government consumer information leaflet)
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