Merry Christmas!

Busy doing your Christmas present shopping?  Treating yourself to some well- earned goodies?     Why not, in the current situation maybe we ALL deserve a treat or two ……

The last thing we want to find is that our hard-earned money has gone on something that does not fit or is damaged, is of poor quality or not “fit for purpose”.    So, what can we do if we find ourselves in that position?

It really does not matter if we are buying treats, gifts or anything else, if we are acting as a consumer. The laws relating to consumer goods are generally the same any time of the year. (In this blog we are discussing goods bought face to face and not via websites/online, as some different rules apply in those situations).

For many years this area was governed by the Sale of Goods Act 1979. That Act of Parliament was updated in 2015 by the Consumer Rights Act 2015 and this governs agreements (contracts) made between a trader (shops etc) and the consumer (Mr and Mrs Everywhere).  There is a rich vein of case law covering the Sale of Goods from days gone by, from a car not being fit for purpose because it was not a suitable type to tour the Highlands, consequent to it being claimed it was fit to, to a Land Rover not being “fit for purpose” because it had a scratch on the body work to a mini still being “fit for purpose” even though it had a faulty gear box!!  The legal REASONING being: You get what you pay for…….

Nevertheless, it must be noted that now we are governed by the 2015 Act this ONLY applies to goods/Services bought after the Act came into being. Anything bought prior to this time will be governed by the (old) Sale of Goods Act 1979 and if a service was bought, it would be the Supply of Goods and Services Act 1982.

Let us clear up one or two other areas before we continue.  It is easy to shout “I know my rights!”   but DO YOU?

Joe has been given a gift, it turns out to be faulty – can he return it to the shop and claim a refund??

Legal bit:  The contract for the goods is between whoever buys them (Joe’s Aunt) and whoever sells them (Giftsruz). Therefore, in a gift situation the receiver of the gift (Joe) has NO obvious rights on that contract so cannot return the goods and ask for a refund, but if Joe’s Aunt told the shop assistant, wrote it on the receipt or similar that she was handing over her rights to Joe, and the information was kept by the shop that the goods were a gift to Joe, then the rights to the goods will pass from Aunt to Joe and he can successfully return the goods for that refund (or exchange).

Annie has seen a beautiful ring in the jeweller’s window, priced at £20.  Annie thinks it is real bargain so enters the shop and says she will buy it.  Problem?

Legal bit:  Goods in a shop window with a price on are NOT being offered for sale.  They are what is known as “invitations to treat” ** and these are items where the shop keeper is inviting people to make an offer to buy the goods. When Annie goes into the shop and says she will buy the ring at the price on show she is actually making an OFFER to buy.  As it is only an offer, the shop keeper is entitled to refuse that offer.  Result: Annie cannot have the ring, by the way worth £2000, for £20. The jeweller is entitled to remove the ring from display – and then replace it with the correct price.

** See the full detail on Sale of Goods and Services rights and obligation in our Course Handbook.

It has to be said that reputable traders have and may allow the goods to go for the advertised price if they so wish, but there is no legal obligation on them to do that.

Harry thought he had chosen the perfect shirt to wear for the works Christmas party – a real girl magnet….  When he got it home he decided he was not as keen on it and decided to return it for a refund.   The shop refused to give him his money back.

Legal bit:  A consumer has no rights to return an item just because they have changed their mind.   There has to be a problem with the goods that makes them not of satisfactory quality or not fit for purpose or as described before the law will protect that consumer.  In this case Harry has no rights to return the goods.  Hopefully he will be lucky and the store will be happy to exchange the shirt for something else, as many do, but that will simply be the good will of the store and not an obligation.

Bertie bought an item, a dishwasher, in the sale at Morsansco and when he started to use it, it leaked.  He does not know whether to get it fixed or return it to the shop for a refund.

Legal bit: How long has Bertie had the machine?  If he bought it in the shop he has 30 days to return the goods and claim his money back. However, it might be that it is fixable and the store may offer him a repair. If it is after the 30 days generally the store will not be liable to give a refund but should offer a repair or replacement.

Soooo… that is a selection of snippets of information that will furnish you with enough knowledge to be aware of potential “I know my rights” pitfalls.

Here is a brief look at and overview of your rights under the 2015 Act:

Remember, these rights are automatically in place when you buy goods, they are known as implied terms of the contract. You do not have to say “is this dress of satisfactory quality” or “is the DVD player fit for Its purpose” or “Is the description of these goods accurate”!!

• Section 9 – “The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking into account:

1. Description of the goods.
2. The price (or other consideration if relevant) for the goods and
3. All other relevant circumstances.

Satisfactory Quality includes state and condition of the goods, and can include:

Fitness for all the purposes for which such goods of that kind are usually supplied

Appearance and finish

Freedom from minor defects

Safety and durability.

• Section 10 – also makes reference to unusual uses of goods “fitness for particular purpose” e.g., if the buyer says “I want to use this washing line as a safety rope when I am climbing mountains – will it work?” (Exaggerated example for illustration purposes!) If it is not refuted by the shop then it becomes a term of the contract that the rope will be reasonably fit for that purpose. This would not apply however if the buyer of those goods has more expertise in ropes that the shop keeper.
• Section 11 – goods must be as described. In the simplest of examples if a blanket is described as pink with yellow spots on it but turns out to be red, then it is not “as described”.

 

Finally – There are different rules for Sales of Goods and Services (bought together) e.g., Servicing the car, fitting double glazing or a new kitchen or having your house decorated.  These we will leave for another time!  Full details to be found in the Course handbook.

We wish you all a happy and safe Christmas with no nasty upsets when buying those treats and goodies!