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Current Consumer Choice

Consumer Choice September 2010 - When going to the movies comes at a pop
In this issue:

Car insurance, Small food producers, Financial Services Ombudsman, Tax free savings, 'Free from' foods, Muesli, Cinema prices, MP3 players, 2D & 3D televisions, Digital camcorders.

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Know your Rights PDF Print

Under the Sale of Goods and Supply of Services Act 1980, anything you buy from a retailer must be:

  • of merchantable quality
  • fit for its normal purpose, and reasonably durable
  • as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson.
  • When you buy goods from a retailer, you make a contract with him. He agrees to provide certain goods to you for a certain price. If your purchase turns out to be faulty, the retailer, not the manufacturer, is responsible to you and must sort out your complaint. You are entitled to a refund, a replacement or a repair.
Neon sign reading
You do not have to take a credit note if your complaint is covered by the Sale of Goods Act. You can insist on a refund, a replacement or a repair.

If you have a genuine complaint about faulty goods, you can ignore shop notices such as 'No Refunds' or 'No Exchanges'. Such notices cannot take away any of your statutory rights under the Sale of Goods Act see Retailers' responses.

You have no rights under the Sale of Goods Act if you simply change your mind about wanting the goods. You also have no rights if faults are due to misuse of the product after purchase, or if faults should have been seen on examination or were pointed out at the time of purchase.

The person who purchased the goods holds the rights under the Act. If you receive the goods as a gift, you have no contract with the retailer and don't have the same rights. In practice, most retailers will oblige the user of the goods but this is a gesture of goodwill, not a legal requirement.

Your rights under the Act also apply to goods purchased at sale prices. They must be of merchantable quality, fit for their particular purpose and as described. If goods are being sold as seconds or shop-soiled, however, you cannot expect the same standard.

Second-hand goods


Used couch sitting in a field
These must also be of merchantable quality but the standards are lower. If you buy something through a private sale, your rights are greatly diminished. Goods do not have to be of merchantable quality, they merely have to be owned by the seller and fit their description. It is up to you to check out the goods before buying.

Services are also covered by the Act. There is a contract between the supplier of a service and the consumer who pays for the service. You are entitled to expect that the supplier:

  • has the necessary skill to provide the service
  • provides the service with proper care and diligence
  • uses sound materials and supplies goods of merchantable quality.
  • If the service you receive is unsatisfactory in any of these ways, you may be entitled to a remedy or compensation to make up for the difference in value between the service that should have been provided and what was actually provided.
  • Consumer rights do not always apply in relation to unsatisfactory services. The supplier of the service may limit his responsibility in some way, for example, through an exclusion clause. However, a clause of this kind is only valid if it is specifically brought to the consumer's attention and only if it is fair and reasonable.