Transcript Do you worry about CONSUMER rights?

‘No Worries’ click to find out more.
Buying goods - Introduction
• Quality of goods
• Representation of goods
Guarantees and Warranties
Buying a service
Buying using Credit
Internet buying
Private Sellers
Second Hand Goods
Scams
Contact Us
Useful websites
Click on the link to go the page you want or click elsewhere to run
through all the slides. Click here to exit and return to the desktop.
When you are buying goods from a business you are entering into a contract with the seller
which has obligations on both sides, ie one to provide the goods and the other to buy.
For a contract to be formed there must usually be three stages: an offer, followed by
acceptance and then some consideration (this is usually payment for the goods).
As a consumer you are entering into a contract for every item you buy, no matter how small or
large.
You enter these contracts without realising it as it such a common occurrence and there is no
formal procedure needed to have a validly created agreement.
The actual law surrounding contracts and their creation can be very complex and is not
considered as part of this presentation.
As a consumer you have statutory rights surrounding the purchase of goods which apply once
you have created a contract and these are the focus of this presentation.
Click here to return to contents page. Click here to exit
show.
When buying goods you have rights relating to those goods and the seller.
Goods are material possessions. If you are only paying for labour then you are buying a service. As example of
how this works is if you need a boiler fixed the work of the gas engineer is buying a service however if
replacement parts are needed then you are buying goods.
Under Sale of Goods legislation you are protected against the sale of goods of an unsatisfactory quality.
This means when you buy goods they should be free of any faults, including minor ones and they should be of the
quality that you would objectively expect given the description, price and any other relevant circumstances.
You also have the right that the goods should be fit for the purpose you would normally expect from the item. You
would also be covered if you were told was the purpose of the item but it does not carry out that function.
If these have been breached you have the right to a refund, repair of the goods or replacement. It is usually the
responsibility of the seller and not the manufacturer to rectify any defects.
Click here to return to contents page. Click here to exit
show.
As well as the goods being of satisfactory quality you have the right for the goods to you
buying to match the description placed on them by the seller.
If the goods do not meet their description then any sale may be illegal as there has been a
misrepresentation.
Is there has been a sale by misrepresentation then you have the right for a refund or to have
the goods replaced.
In addition to not making misrepresentations about the goods being sold the seller is not
allowed to do any of the following: make a written statement that you have no legal rights
when you buy goods, sell dangerous or unsafe goods or sell short measure or short weight.
If you have bought goods and you are not happy then contact Consumer Direct for further
advice on your next steps.
Click here to return to contents page. Click here to exit
show.
Guarantees and Warranties are usually offered to provide you with additional rights to those
offered by consumer law.
There is no express difference between the two but as a guide a guarantee is offered free of
charge whereas a warranty is offered at a charge.
Guarantees and warranties are used as promotional tools by companies as incentives to try and
make their product more appealing. Before entering into an agreement (especially if paying for
it) make sure you are aware of what it covers, check it actually does extend your statutory rights.
Guarantees and warranties can be useful if you are not able to (or it is easier than) trying to
enforce your rights against the seller.
If you choose to buy a warranty, you have the right to cancel within 45 days and get a full refund,
as long as you have not made a claim.
Click here to return to contents page. Click here to exit
show.
As well as buying goods you often buy services from people in return for a cash payment, for
example dry cleaning is a service.
When you buy a service off someone you have certain legal rights in relation to the service
and the standards you can expect.
When you purchase a service you have the right to expect that the service will be carried out
with reasonable care and skill, within a reasonable time (if not pre-determined) and for a
reasonable charge (if not pre-determined).
What is reasonable is not defined and would be decided based on the circumstances of
each case.
If you feel that you have not received an adequate service then you might be able to get
compensation, pay less for the service, get the trader to put things right or get someone else
to finish the work.
Click here to return to contents page. Click here to exit
show.
If you buy items using a credit card you may get some extra protection.
If the value of the item is greater than £100 and less than £30,000 (potentially greater than £30,000 if
bought after 1st February 2011) you may be able to make an equal liability claim.
Equal liability means the credit card company is just as responsible as the trader or service provider for
breaches of contract or misrepresentation.
This is useful if the original provider goes out of business or is not able to pay for any other reason.
If you buy an item using a hire purchase agreement you are entering into a tri-partite agreement where
the seller sells to the credit company who then lease the goods to you until you have paid for the goods.
You do not owe them until the final payment has been made.
Hire purchase agreements often feature when you are buying bigger goods such as a car. You need to
keep in mind that under such agreements if you miss payments you are at risk of having the goods
repossessed.
Click here to return to contents page. Click here to exit
show.
If buying goods over the internet from within the UK then you have the same rights as if buying
face-to-face with regards to sufficient quality and matching description.
In addition to those rights you also have the right to ‘cooling off’ period when buying online. This
gives you the opportunity to change your mind within seven days of the purchase.
If you change your mind then you are entitled to a full refund but you may have to pay the cost of
returning the goods.
When buying over the internet the company should provide you with the following information: the
name and address of the seller, price of the goods (including all taxes and delivery charges) and
delivery time (this should be within 30 days unless there is agreement that it will be longer.)
If buying from outside the UK the law that applies is that of the sellers country and not the UK.
Click here to return to contents page. Click here to exit
show.
Although most of the time we buy goods and services from traders who buy and sell as
part of their business we do sometimes buy for private individuals.
This can be done in numerous ways – answering an ad in the paper, at a car boot sale
or via the internet on sites like Gumtree or Ebay.
If you buy from a private seller then the amount of rights you have are greatly
diminished.
You might only be able to seek compensation from a private seller if they have given a
description of the goods they are selling and the goods do not meet that description.
If you feel a trader is saying they are a private seller to avoid extra liability then they
are committing an offence and they should be reported to Consumer Direct.
Click here to return to contents page. Click here to exit
show.
If you buy second hand goods from a trader than you have exactly the same
rights as you do when buying new goods.
The only thing that changes is the expectation you should have of the goods.
Your expectations should be less that if buying brand new but the price should
reflect this.
The same applies when buying from a private seller, the only recourse you
may have would be if there has been a misrepresentation of the goods.
Click here to return to contents page. Click here to exit
show.
There are many different scams that exist and students are increasingly becoming a target,
especially around the time of year when student loan payments are due.
Current scams involve being asked to provide details in response to an e-mail from someone
pretending to be SFE.
Unfortunately more and more people are ‘falling for’ these scams so they will become more
and more prevalent so you have to be careful who you trust with your details.
Reputable companies and banks will not ask you for personal information via e-mail and as
such you should never respond to such e-mails.
There are other types of scams that seem to offer you fantastic returns for very little
investment but you should always exercise caution as if it looks to good to be true, it
probably is.
Click here to return to contents page. Click here to exit
show.
Call
• 01904 87
6377/6400
Visit
Email
• You can get and
appointment from
the Student Advice
Team Desk in
Holgate
• [email protected]
Click here to return to contents page. Click here to exit
show.
•
•
•
•
•
•
Consumer Direct
Consumer Rights – Direct.gov webpages
Tips from Money Savings Expert
Trading Standard Institute
Trading Standards City of York Council
Watchdog
Click here to return to contents page. Click here to exit
show.