Trading standards leaflets

Refund, repair or replacement - what am I entitled to?

When you buy goods from a trader or when goods are supplied as part of a service, you enter into a contract which is controlled by many laws including the Sale of Goods Act 1979 (as amended) and the Supply of Goods and Services Act 1982 (as amended). These laws give you certain (sometimes referred to as statutory) rights under this contract. Goods should be:

• of satisfactory quality - goods should be free from defects, fit for the purpose for which they were supplied, safe and durable. Appearance and finish is also taken into account
• as described - goods should correspond with any description applied to them
• fit for any purpose that is made known to the seller - goods must be fit for their general purpose and any particular purpose that a consumer makes known to the trader at the time of purchase. For example if you buy a sleeping bag it must work as a sleeping bag. If you make it clear before you buy that you need it for -40 degree conditions and the trader states it will be suitable then it should be suitable

 You are legally entitled to a refund, replacement or repair if goods do not conform to the contract, in other words are not of satisfactory quality, fit for purpose or as described, but which remedy should you claim?

In the guide
When am I entitled to a refund?
When am I entitled to a repair?
When am I entitled to a replacement?
Repair/replacement did not resolve the problem - what am I entitled to?
How long do my consumer rights last for?
Does this mean that all goods should last six years?
I have a warranty/guarantee - Do I have to claim under this?
The trader is refusing to help me - what should I do?
Doorstep/distance sales - what am I entitled to?

When am I entitled to a refund?
If you have not, in the legal sense, 'accepted' the goods, you are entitled to reject them and claim a refund of the money you have paid or a credit back to your credit or debit card. Rejection means informing the trader that the goods are faulty and that you do not want them. Acceptance usually takes place after you have had the goods for a reasonable period of time without telling the trader that you are rejecting them or if you have altered or customised the goods in any way. The period during which you can reject the goods is not clearly defined in law and can depend on the type of goods you have purchased and the facts of the case. If you want to reject the goods you should:

• stop using the goods straight away
• contact the trader as soon as possible, in writing if necessary
• explain the problem to the trader
• inform the trader that you have your proof of purchase, usually your receipt

For example, if you bought a watch and it stopped working after a couple of days, you should explain the problem to the trader and seek a refund. The trader may want to examine the watch. You should also produce your proof of purchase if it is requested.

If you have owned the goods for more than a reasonable time with our rejecting them or altered/customised them, you may lose your right to reject them for a full refund but other remedies may be available to you. For example, if you bought a watch, had it engraved with your name but then it stopped working after a couple of days, you may have lost your right to reject it as you have altered it, but you are still entitled to expect that it works. Your remedy in this instance is likely to be repair.

If you want to reject the goods for a refund but the trader refuses to refund you, then the onus is on you to prove that the goods are faulty and that the trader is liable.  

When am I entitled to a repair?
If you have 'accepted' the goods and you discover a fault, you can ask the trader to repair it free of charge. This repair should be carried out by the trader within a reasonable time and without significant inconvenience to you. If repair would be impossible or disproportionately expensive, then the trader may offer replacement or another remedy such as partial refund. For example, a cheap electrical item may cost more to repair than it would to replace.

Even if you have not accepted the goods, you could still opt for repair. If the repair does not resolve the problem, you could still reject the goods for refund.

When am I entitled to a replacement?
If you have 'accepted' the goods and you discover a fault, you can ask the trader to replace them within a reasonable time and without significant inconvenience to you. For example, if the suite you have purchased develops extensive structural faults, repairs may be costly when compared to the cost of replacing it. If a trader states that replacement will be disproportionately costly, then you could allow them to carry out a repair, remembering that you still have the remedies of replacement, or partial refund if repair does not resolve the problem.

Again, even if you have not accepted the goods, you could still opt for replacement. If the replacement does not resolve the problem, you could still reject the goods for refund.

Repair/replacement did not resolve the problem - what am I entitled to?
If the repair/replacement takes too long, causes you significant inconvenience or cannot be carried out, you are entitled to a reduction in the purchase price, a full refund or, more likely, a partial refund based on the use you have had out of the goods since you bought them. It is worth noting that the law does not require you to accept three repairs, as some traders may say, before claiming another remedy. The nature and number of repairs are determined by the facts of the individual case.

How long do my consumer rights last for?
The Limitation Act 1980 states that you have the right to take action against a trader for up to 6 years for a breach of contract, in other words if the goods develop a fault. It is unlikely that you would be entitled to claim full refund as 'acceptance' would have taken place but the law gives you the right to claim damages.

Does this mean that all goods should last six years?
No. Your expectations about how long the goods should last in normal use must be reasonable. The trader is not liable for fair wear and tear.  Goods sold on the basis of their long-lasting durability, which develop a fault, could give rise to a claim against the trader for a much longer time than cheap 'disposable' goods.

I have a warranty/guarantee - do I have to claim under this?
No. You are not legally obliged to make a claim under the warranty or guarantee. A guarantee, warranty or extended warranty is additional to the legal rights you have as a consumer and must not affect those rights in any way. Check the terms and conditions of the guarantee, warranty or extended warranty as well as establishing what rights you have in law before deciding who to claim from. Please see our 'Guarantees and Warranties' leaflet.

The trader is refusing to help me - what should I do?
If the trader refuses to deal with your complaint or tells you to contact the manufacturer, distributor or importer, you should inform them that they are responsible to you in law and that you are entitled to expect that they deal with your complaint and arrange a suitable remedy. In some instances, the trader may wish to consult with their supplier, especially if the nature of the fault is in dispute, but this does not affect your claim against the trader.

If your complaint about faulty goods has led to a dispute with the trader, contact the Citizens Advice consumer service for advice on your rights and how to proceed.

Doorstep/Distance Sales - what am I entitled to?
If you bought goods on the doorstep, please see our 'Your Rights to Cancel When Buying at Home' leaflet. If you bought goods at a distance and without face-to-face contact with the trader, please see our 'Shopping from home' leaflet.

Relevant Legislation
Sale of Goods Act 1979
Supply of Goods and Services Act 1982
Limitation Act 1980
Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008
Consumer Protection (Distance Selling) Regulations 2000

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.

Last reviewed/updated: November 2012

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