Know your Sales of Goods law

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by: BTLewis
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Word Count: 698
Date: Wed, 4 Jan 2012 Time: 12:09 AM
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Shoppers in the UK are protected by many laws, but one of the most important to know about is the Sales of Goods Act 1979, which comes under business and commercial law. It is a piece of legislation that protects a consumer when they purchase an item that needs to be returned or has in somehow infringed on their rights as consumers.

It is illegal for retailers to sell items or ‘goods' that do not fulfil certain obligations to the consumer. A consumer is well within their rights to return an item if they can prove that it is:

• Not as described on the box
• Not fit for the purpose they were intended for
• Not of a satisfactory quality.

There have been numerous cases where retailers have illegally refused refunds or returns and it can make a lot of difference to a refund situation if a person is aware of their rights as a consumer in these instances.

For example, this consumer rights case describes a man who bought a jacket in the January sales. Upon returning home, he realised that the jacket was torn inside. He returned the following day to get a refund for the item, and was told that it could not be returned because it was "on sale". A person unfamiliar with the Sale of Goods Act might have put this down to rotten luck and accepted his shoddy purchase as a cold, harsh reality of life.

As it turns out, unless the retailer had specifically reduced the price of the jacket because of a defect that was clearly visible or pointed out to the consumer, then the consumer has every right to get their money back. A retailer has no right to refuse a refund because an item is simply on sale.

The Sales of Goods Act can apply to a number of retailers, whether in the form of actual physical shops, online stores such as Amazon or eBay, or even doorstep sales.

It is worth the consumer considering consulting legal advice from a solicitor as to whether they can win a claim, especially if it is a defect that has appeared over a period of time which almost always complicates the issue of refunds.

Important things to know about the Sales of Goods Act:
• It is not the manufacturer but the retailer who is responsible for the contract of purchase and any complaints or claims should be made against the retailer.
• Do not wait a long time to complain or return faulty goods. There is a time limit, depending on what type of product it is, so it is best to make any grievances as soon as possible. Waiting can be highly detrimental.
• If a person has bought an item but then decides to return it, not because there is a fault, but rather because they just don't want it, retailers are in their rights to offer a credit note instead of a refund. Retailers are only obligated to refund goods that do not comply with satisfactory quality standards.
• A consumer cannot return goods that they just don't like anymore. That is not sufficient reason to get a refund.
• Contacting the Citizen's Advice Bureau about making a claim in the Small Claims Court may be necessary if the retailer refuses to acknowledge a rightful request for a refund. In England and Wales, this applies to goods of a value of up to £5,000. This does not usually require a solicitor and does not cost as much as a larger claim would.
• Claims larger than £5,000 may require a lawyer or solicitor.

In the event that a person may have to take a claim to court, it is vital that they are able to prove that the faulty goods were already damaged (or not in line with retailers obligations to consumers) when they were bought rather than as a direct result of wear and tear.

About the Author

Bryan Lewis is a jack of all legal trades, who has written a fair bit about the law in his time. He has contributed to a number of different legal sites, including legal information on commercial lawyers and PPI complaints.