Trading standards leaflets

Is the trader right?

When you buy goods from a trader you enter into a contract that places legal obligations on both parties. Some traders may try to get out of their obligations. Do you know whether the trader is correct?

Answers to typical situations that arise when you want to return goods are given in this leaflet.

In the guide
The goods I bought are faulty and the trader refuses to help. Is this correct?
I returned faulty goods but the trader only offered me a credit note. Is this correct?
I changed my mind about the goods. Does the trader have to give me a refund?
I accepted a credit note, but don't want it any more. Can I ask the trader for a refund?
I returned faulty goods but the trader pointed to a 'no refunds' notice. Is this correct?
The faulty goods are out of guarantee. The trader will not accept responsibility. Is this correct?
The 'sale' goods I bought are faulty. The trader will not accept liability for sale items. Is this correct?
I have lost the receipt. The trader says I no longer have any rights. Is this correct?
The clothes I bought instore do not fit. The trader will not give me a refund. Is this correct?
I bought a washer described as 'seconds' and found the casing is damaged. The trader will not take it back. Is this correct?
I want to buy the display model but the trader refused to sell it. Can the trader refuse to sell goods?
My present is faulty. The trader refuses to deal with me as I did not buy it. Is this correct?
I ordered goods for delivery by a specific date and the goods were not delivered. The trader will not allow me to cancel. Is this correct?
I allowed a sales person into my home and signed a contract. Can I cancel the contract?

The goods I bought are faulty and the trader refuses to help. Is this correct?
Under the Sale of Goods Act 1979 (as amended) the trader is responsible to you for goods that do not conform to the contract, in other words the goods are not of satisfactory quality, not as described or not fit for purpose. The trader must offer you a full or partial refund or a repair or replacement depending on the circumstances of your purchase. Even if the goods were sold with a manufacturer's guarantee you can still make a claim from the trader. Under the Sale and Supply of Goods to Consumers Regulations 2002, a guarantee offered by a manufacturer is legally binding so you have the option to make a claim from the manufacturer under the terms of the guarantee. Please see our leaflet 'Buying goods - your rights'.

If you paid for the goods using a credit card or on finance arranged for you by the trader where the cash price of the goods is more than £100 but less than £30,000, the finance provider is as responsible as the retailer for a breach of contract or a misrepresentation so you may be able to make a claim from either. Please see our leaflet 'Your rights when buying on credit'.

If you were injured by unsafe goods, the manufacturer may be directly liable to you. If this happens please seek advice from the Citizens Advice consumer service.

I returned faulty goods but the trader only offered me a credit note. Is this correct?
No. You do not have to accept a credit note if you are returning faulty goods to a trader. You are legally entitled to a full or partial refund, repair or replacement of the goods.  If you choose to accept a credit note when the goods you bought are faulty, you have accepted that remedy in settlement and you may not be able to change your mind.  

I changed my mind about the goods. Does the trader have to give me a refund?
If you bought the goods in a store then no, you are not entitled to a refund. You are only entitled to a refund if goods do not conform to the contract (are faulty) and you reject them soon after you have bought them. Most traders have returns policies that offer more than they are legally required to offer and that allow you to return goods when you have changed your mind - check the terms of the policy as they can vary from trader to trader.

If you bought goods from a trader and the contract was concluded without any face-to-face contact (for example, over the phone, Internet, or from a catalogue) then different rules apply. In these circumstances you may be entitled to a cancellation period that will allow you to legally return goods when you have changed your mind about them (see our leaflet 'Shopping at home - your guide to the Distance Selling Regulations').

If you bought goods in your home using finance arranged by the trader you may be entitled to a cancellation period if you change your mind. (see our leaflet 'Your rights when buying on credit').

If you bought the goods or service in your own home, another person's home or your place of work and they cost over £35 then you may be entitled to a cancellation period that will allow you to legally return goods when you have changed your mind about them. (see our leaflet 'Your rights to cancel when buying at home').

I accepted a credit note but don't want it any more . Can I ask the trader for a refund?
No. You are not entitled to a refund once you have accepted a credit note. Also, be aware that if the credit note has a time limit and you do not use it before the time limit expires, it may become worthless.

I returned faulty goods but the trader pointed to a 'no refunds' notice. Is this correct?
No. Traders cannot restrict their responsibility for faulty or misdescribed goods or goods that are not fit for purpose. Report the matter to the Citizens Advice consumer service for investigation by trading standards as the notice may be illegal.

The faulty goods are out of guarantee. The trader will not accept responsibility.  Is this correct?
No. Guarantees are in addition to your legal rights against the trader and cannot take away any rights you have.  If you can prove that the goods were not of satisfactory quality at the time of sale - possibly not as durable as they are expected to be - then you may have a claim against the trader or finance company (if applicable). You have six years from the date of purchase to make a claim against the trader for faulty goods. Remember that fair wear and tear is not a fault.

The 'sale' goods I bought are faulty. The trader will not accept liability for sale items. Is this correct?
No. You have the same rights under the Sale of Goods Act 1979 (as amended) when you buy sale goods as you do when you buy them at full price. However, if the goods were reduced in price because of a fault that was either brought to your attention at the time or if you examined the goods and the defect would have been obvious to you, you would not be able to claim a refund later for that particular fault.

I have lost the receipt. The trader says I no longer have any rights. Is this correct?
No. You do not have to produce your receipt in order to make a claim against the trader for faulty goods but you do have to prove you bought the goods, how much you paid and when you bought them. Normally this would be the receipt but you could use the delivery note, a copy of your bank statement or credit card statement.

The clothes I bought in store do not fit. The trader will not give me a refund. Is this correct?
Yes. You are only entitled to a refund if goods do not conform to the contract (are faulty) and you reject them soon after you have bought them.

I bought a washer described as 'seconds' and found the casing is damaged. The trader will not take it back. Is this correct?
Yes. If the trader made you aware that the goods may not be of satisfactory quality, you cannot return them for that reason after purchase. However, the goods should still work and be fit for purpose.

I want to buy the display model but the trader refused to sell it. Can the trader refuse to sell goods?
Yes. Goods on display in a shop are there for you to make an offer to buy (called an 'invitation to treat'). The trader is not obliged to accept your offer. The same applies where goods have been labelled with the wrong price - the trader does not have to sell at that price. However, if the trader misled you over the price an offence may have been committed under the Consumer Protection from Unfair Trading Regulations 2008. Report it to Citizens Advice consumer service for investigation by trading standards.

My present is faulty. The trader refuses to deal with me as I did not buy it. Is this correct?
The law considers that the buyer of the gift is the only one who has a contract with the shop but if the buyer made it clear that the goods were meant as a gift and identified you as the recipient, you will have rights as a 'third party' in the contract with the trader.

I ordered goods for delivery by a specific date and the goods were not delivered.  The trader will not allow me to cancel. Is this correct?
Provided that the delivery date was specified and made an important term of the contract, you can cancel the contract and get a full refund if the goods are not delivered by that date. You can as an alternative, seek compensation from the trader as well as giving them a final opportunity to deliver the goods.

I allowed a sales person into my home and signed a contract. Can I cancel the contract?
In most circumstances you are entitled to a seven days cooling-off period. The trader must give you a written notice of your right to cancel - it is a criminal offence not to. (See our leaflet 'Your rights to cancel when buying at home').

If you buy goods and services in your home on finance arranged by the trader, you may have the right to cancel the contract as well as the credit agreement. Under the Consumer Credit Act 1974 you have a cancellation period of five days, for the contract and the credit agreement that begins when you receive a second copy of the finance agreement through the post (see our leaflet 'Your rights when buying on credit').

Please note
This leaflet is not an authoritative interpretation of the law and is intended only for guidance. Any legislation referred to, while still current, may have been amended from the form in which it was originally enacted.

For further information please contact the Citizens Advice consumer service, which provides free, confidential and impartial advice on consumer issues. Visit www.adviceguide.org.uk or call the Citizens Advice consumer helpline on 08454 04 05 06.

Relevant legislation
Sale of Goods Act 1979
Sale and Supply of Goods to Consumers Regulations 2002
Consumer Credit Act 1974
Consumer Protection from Unfair Trading Regulations 2008
Consumer Protection (Distance Selling) Regulations 2000
Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008

Last reviewed/updated: April 2013

© 2013 itsa Ltd on behalf of the Trading Standards Institute.