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FAQ
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FAQ
Frequently Asked Questions
- What should I do if I find that goods I have bought are faulty?
- How long do I have to return faulty goods?
- What if I want the goods repaired?
- Is there anything I should do if my goods are replaced?
- Does it matter if the fault was always present?
- What if it takes a long time to get a repair or replacement?
- Who's responsibility is it to prove the goods are faulty?
- What should I do if I can't resolve the issue with the trader?
What should I do if I find that goods I have bought are faulty?
- Act quickly - you only have a limited time to return faulty goods.
- Tell the trader about the problem - either by going back to the shop, by telephoning, or in writing.
- Stop using the goods - if you don't it could be hard to argue that they are faulty.
- Return the goods - technically, it is the trader's responsibility to arrange to collect faulty goods that you have rejected, especially if the items are large. However, with smaller, more portable items, it may be more practical to take them back to the trader yourself
How long do I have to return faulty goods?
The law says that you must be given a 'reasonable' length of time to examine the goods and check they are satisfactory. If they are not, and you are quick, you should be entitled to reject them and have a full refund.
What is a reasonable time depends on individual circumstances. You would probably have less time to check a toaster than a car, say - but it might not be long, and recent case law suggests that it might be as little as a week or so.
What if I want the goods repaired?
If you have not left it for too long, but decide to allow the trader to repair the goods, you will not have lost any rights to have your money back later if the repair is unsuccessful.
Is there anything I should do if my goods are replaced?
If you allow the trader to replace faulty goods, get an agreement in writing that if the replacements are also faulty, you will still be able to have your money back.
Does it matter if the fault was always present?
If the fault was present when you bought the goods, you do have other choices, even if you tell the trader too late to get a full refund. You can ask for a repair or replacement, or a reduction in the price to allow for the fault, or you can give the goods back and ask for your money back - this is known as 'rescission'.
You may not get the full amount back, because the trader may be able to reduce it to allow for the use you have had of the goods.
What if it takes a long time to get a repair or replacement?
If you ask for a repair or replacement but these are not possible, or if you ask for a repair and it takes longer than is necessary or significantly inconveniences you (e.g. if the fault is on a wedding dress and the repair cannot be done soon enough for the wedding), you can still ask for a reduction or rescission.
Who's responsibility is it to prove the goods are faulty?
If the fault happens within six months of you buying the goods, the trader has to prove that they were not faulty when you bought them. After that, you have to prove it.
What should I do if I can't resolve the issue with the trader?
If, after contacting the trader, you can't get a satisfactory solution to the problem then contact one of the CSN agencies for advice on what your legal rights are and what options are available to you.
A list of advice agencies in North Lanarkshire can be found on the 'Contact Details' page.
