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Knowing Your Rights
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Knowing Your Rights
The Law
- How does the law cover purchases I make?
- What is a contract?
- What are my Statuatory Rights?
- Some other problem areas when buying goods
How does the law cover purchases I make?
When you buy goods from a shop, you enter into a contract that is controlled by the Sale of Goods Act 1979 (amended by the Sale & Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002).
The law gives you certain implied or automatic statutory rights under this contract.
What is a contract?
A contract is a legally binding agreement between two parties, involving the exchange of something of value, e.g. money for goods. Lots of contracts are verbal, and only a few need to be in writing. Verbal contracts are just as binding as written ones, but more difficult to prove.
What are my Statutory Rights?
The Sale of Goods Act 1979 (as amended) - This says that goods should be:
- of a Satisfactory Quality i.e. of a standard that a reasonable person would consider to be satisfactory - generally free from fault or defect, as well as being fit for their usual purpose, of a reasonable appearance and finish, safe and durable
- fit for the purpose - as well as being fit for the purpose for which they are generally sold, goods should also be fit for any specific or particular purpose made known at the time of the agreement
- as described - goods should correspond with any description applied to them. This could be verbally, words or pictures on a sign, packaging or an advert.
Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999 - Between them, these laws allow you to challenge any contractual terms that may be unfair or unreasonable, unfairly weighted against you, or ambiguous. Standard contract terms should also be written in clear understandable language.
Trade Descriptions Act 1968 - Sometimes, if a trader makes a misrepresentation about goods, a criminal offence might be committed under this Act.
For example: A market trader tells you that a three-piece suite he is selling is 100% leather. Because of this, you buy it, but then discover it is made from PVC. The goods were misdescribed to you and you can ask for your money back. You should also report it to your local Trading Standards Department for investigation under the Trade Descriptions Act.
Some Other Problem Areas When Buying Goods
Second-hand goods
You have full rights under the Sale of Goods Act when you buy second-hand goods, although the law does say that you must consider the price paid and, if necessary, be prepared to lower your expectations about their performance.
Sale goods
You have full rights under the Sale of Goods Act. However, if the goods were reduced in price because of a fault that was either brought to your attention at the time, or should have been obvious to you on examination, you would not be able to have your money back later for that particular fault- so check sale goods carefully before you buy.
Private Sales
When you buy goods from a private individual, you don't have the same rights as when buying from a trader. The legal principle of "buyer beware", operates. You have no rights to expect goods to be of a satisfactory quality or fit for their purpose, so you should check goods thoroughly before you buy them. However, the law does say that even private sellers shouldn't misrepresent goods to you.
