With Christmas fast approaching many of us will be buying last minute presents and spending too much money. What are your rights though if the present you bought for Aunt Maude or Grandpa Joe turn out to be defective?
Most retailers will happily agree to exchange. However,some are increasingly attempting to mislead customers and rather than replace the item or give a refund instead insist on a return to the manufacturer under the terms of the warrenty. This is particularly common with electrical goods.
The law though is quite clear. If a consumer buys goods from a retailer those goods must be of a “satisfactory quality” within the meaning of the Sale of Goods Act 1979. This means they must be fit for the purpose for which they were supplied and free from defects. In short if it does not work or is damaged you are entitled to your money back.
The manufacturers warranty is completely separate and is in addition to the consumers statutory rights.Those rights cannot be excluded and any attempt to do so is unlawful.
Remember though that if the goods are defective they must be rejected as soon as possible or right to reject may be lost.
Also the contract will be between the shop and the purchaser which means that the consumer’s right to reject rests on you the purchaser not Grandpa Joe the recipient.
Dont be fobbed off!
Happy shopping and happy Christmas
Tim Glover
