Most of us make purchases every day – whether it’s a new phone, a kitchen appliance, furniture or clothing…
… Or perhaps you’re part of the 30% of UK consumers who invested in fans or cooling devices this June thanks to the heatwaves (according to the Barclays UK Consumer Spend Report)!
Either way… Most purchases go smoothly, and everyone has a collective understanding that somehow, somewhere out there, there are laws in place to thank for that. But when something does go wrong, understanding those laws – and your consumer rights – can feel confusing.
Terms like Consumer Rights Act, statutory rights and breach of contract are often used, but what do they actually mean? What can you do if that new AC unit you bought just fell apart?
This guide explains your key consumer rights in plain English, so you know what to expect if you buy something that isn’t quite what you envisioned!
It’s also worth remembering:
If you’ve hit a wall with a trader, Consumer Arbitration offers a fair, independent and accessible route to a resolution – approved by the Chartered Trading Standards Institute to settle disputes between consumers and Participating Member traders right across the UK.
Did you know? You have rights every time you buy something!
The (arguably) most important law that UK consumers need to be aware of when making purchases is the Consumer Rights Act 2015. This key bit of legislation is what guarantees you many of your rights when it comes to refunds, replacements, and repairs if a product isn’t up to scratch!
When you buy goods from a trader, the Consumer Rights Act 2015 says they should meet certain basic standards.
In simple terms, the items should be:
- Of satisfactory quality
- Fit for their intended purpose
- As described
If the item/s don’t meet these standards, you’re usually entitled to a repair, replacement, or refund, depending on the circumstances!
For example:
- You order a dining table advertised as solid oak, but it arrives made from a different material
- A new kettle stops working after 2 weeks
- A waterproof jacket lets water in during normal use
- A washing machine develops a fault shortly after installation
In each of these situations, you may have the right to complain.
You also have the Consumer Rights Act 2015 to thank for some other protections, such as:
- The prohibition of hiding contract terms in small-print: the key terms of a contract need to be transparent and prominent!
- Services need to be provided:
– With reasonable care & skill
– At a reasonable price (if not agreed upfront)
– Within a reasonable timeframe (if a timeframe was not already given)
So… The next time you’re reading through a contract that has you stumped, just remember: without this law, things could be much worse!
Another key bit of legislation UK consumers should be aware of is the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
This set of laws gives you some key extra rights, such as the right to return goods purchased online within 14 days of delivery – no questions asked!
You Can’t Be Forced to Accept Faulty Goods!
Some people believe that if a trader says, “No refunds,” that’s the end of the matter.
This isn’t always the case.
A trader’s returns policy is separate from your legal rights. While businesses can decide their own policy for unwanted items, they cannot take away your statutory rights if goods are faulty, not as described, or unfit for purpose.
If they’re violating your statutory rights, then that could be grounds for you to raise a complaint – or even escalate matters using an Alternative Dispute Resolution scheme, or court.
Changed Your Mind?
This is where many people get caught out.
If you simply decide you no longer want something you’ve bought in-store, the trader doesn’t usually have to give you a refund unless their own returns policy allows it.
However, if you bought the item online, by phone or through mail order, you’ll often have additional rights under distance selling rules (remember the aforementioned Consumer Contracts Regulations 2013)!
In many cases, you can cancel your online/phone/mail order purchase within 14 days of receiving the goods, even if there’s nothing wrong with them, although some exceptions apply.
Always make sure to read through the trader’s own stated terms & conditions for a clear picture of your rights in this instance.
Keep Your Evidence
If a dispute arises, evidence can make all the difference.
That’s why it’s always a good idea to keep:
- Your receipt or proof of purchase
- Photographs of the fault
- Copies of emails or messages exchanged with the trader
- Details of any repairs or inspections
- Notes of phone conversations, including dates and who you spoke to
The clearer your evidence, the easier it can be to resolve the issue later – whether in court or via ADR!
What If the Trader Disagrees?
Not every complaint ends with agreement, or compensation.
For example, a trader may believe the item in question has been damaged through misuse, while the consumer may believe it had a manufacturing defect from the start.
Disagreements like these don’t necessarily mean either party is acting unfairly… They often arise because each side has a different understanding of the facts or of their legal rights.
When that happens, it’s usually best to formally try and resolve the issue directly with the trader first, using their own published complaints procedure.
Even if you feel this is an unnecessary step, you’ll almost always have to go through their formal complaints process and lodge a complaint directly with them before being able to escalate your complaint anyway – be it via an Alternative Dispute Resolution scheme, or court!
When Can Consumer Arbitration Help?
If you’ve been unable to resolve your complaint with the trader directly, you may be able to use an Alternative Dispute Resolution (ADR) scheme. ADR is an alternative way of resolving your dispute with a trader, out of court: it’s almost always cheaper, faster, and just as legally binding as going through the courts anyway!
If you want to learn more about what exactly ADR is, and what kinds of ADR are available, please see our dedicated article on the topic: What is Alternative Dispute Resolution (ADR)?
So… What about Consumer Arbitration?
Consumer Arbitration provides an independent, accessible, and impartial way of resolving disputes between consumers and traders without going to court. An impartial arbitrator considers the evidence provided by both parties before reaching a legally binding decision based on the facts of the case and the applicable law… All within only 30 Days of declaring a Complete Complaint File!
PLEASE NOTE:
In order to use Consumer Arbitration you’ll need to pay the following fees, depending on the amount your dispute is worth:
- £10 for claims up to £750
- £25 for claims over £750
Please bear in mind:
- If you’re the successful party in your case, the trader will reimburse this fee!
- Going straight to court would still cost far more – the lowest fee you’d have to pay to take a claim to court is £35!
How do I get started?
You can lodge your complaint with us in whichever way suits you – through our online portal, by post, or by phone:
> Start your complaint with Consumer Arbitration
> What to do before you come to us
Take a little time to read through our site so you understand the process and what’s required. If you have any questions, feel free to reach out to us – we’d be happy to help!
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