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Get your money back without a fuss By Brandon Gee
Under the Sale of Goods Act 1979 (amended by the Sales and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002), any goods you are sold must be of a satisfactory quality, fit for the purpose and as description
"A contract was made when you bought the good," says Joanne Martin, a solicitor from John Hardman & Co in Manchester. "If it's faulty, the provider is in breach of that contract, and you are entitled to your money back."
When it's your fault
However, contrary to popular belief, if you simply change your mind about something - for example you realise you spent too much on an item or made any other error of judgement - the retailer is under no legal obligation to give you your money back. Although in the name of good customer service many shops will take goods back and offer a refund, exchange or credit note. You also won't be legally entitled to a refund if any defect was so obvious that you should have noticed it when you purchased it, or if the trader pointed it out to you when you bought it.
Neither can you expect recompense if the problem is the result of 'normal' wear and tear or if the goods lasted for as long as could reasonably expected. But equally don't let traders fob you off with this either - some will try and convince you that damage is the result of wear and tear when it was simply poorly made.
Act fast
Once you discover a fault with a purchase, you should act quickly and discontinue use of the product - you may be entitled to less compensation if you continue to use the goods after you realised something was wrong or try to repair the goods yourself. In these cases, you may still be entitled to a repair or replacement, however.
Michael Dyer of Dyer Burdett & Co solicitors in Portsmouth, says the law governing returns gets a bit vague when it comes to time limits: 'You have an absolute right to return goods that were faulty if you bought them within a reasonable time - a reasonable time being the amount of time it would be 'reasonable' for you to discover the fault.'
However, so long as goods are returned to the seller within the first six months, the onus will be on them to prove the goods weren't faulty at the time of purchase.
Be prepared
When you return goods, it's important to be prepared. This means you should be sure to save important documentation, at the very least proof of purchase. If you've misplaced the receipt you can always use your credit or debit card statement, Dyer says. You can also usually claim against the credit card company if the item cost more than £100.
So, if you've tried and failed to get the compensation you deserve, you can turn the matter over to your credit card company who will deal with the seller on your behalf.
These rights also apply if you buy online - irrespective of the terms and conditions you'll be asked to accept before making a purchase, which may well contain provisions that restrict your right to return goods.
In fact internet shopping actually grants you additional rights, namely, the seven-day 'cooling off' period which allows you to cancel your order for any reason. This is because it is a form of 'distance selling'.
If all of the above fails, you still retain your right to take legal action. The small claims court allows you to make claims of up to £5,000 without racking up big legal bills and for fixed sums you can now do this online at Moneyclaim.gov.uk.
Getting your money back: the four golden rules
• Keep proof of purchase - this can be a shop receipt or a statement from your bank or credit card • If the trader refuses, explain why you are entitled to one by referring to the Sales of Goods Act, 1979 • Remember that if you bought the item on your credit card and it cost more than £100, you can claim the money back via your card issuer. • If all else fails you can pursue a claim through the small claims court
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