If you are returning a faulty product, do not automatically assume you will have to do battle to obtain your rights. In most cases, retailers are happy to refund or exchange faulty goods. But it is impossible to predict how all retailers will react. Here are some possible responses and advice on how you should deal with them:

It's not our fault. Write to the manufacturer

We'll exchange the product

We'll give you a credit note

We'll repair it free of charge

Get it fixed under the manufacturer's guarantee

We can't give refunds or exchanges without a receipt

We don't give refunds

It's your fault. The product wasn't made for that purpose

We don't give refunds or exchanges on sale goods

YOUR RIGHTS :

It's not our fault. Write to the manufacturer

This response is very common, but it is wrong. Your contract is with the retailer, not the manufacturer. Remind the retailer that he is legally responsible for rectifying your problem under the Sale of Goods and Supply of Services Act 1980. If he wants to contact the manufacturer later, that is his prerogative but it has nothing to do with you. Back to top

We'll exchange the product

If you are happy with a replacement product, take it. If not, remember you are not legally obliged to accept an exchange. Back to top

We'll give you a credit note

A credit note is a voucher for the same amount you paid for the product, which can be spent in the store or in others in the same chain. If goods are defective, you do not have to accept a credit note - you are entitled to a refund. If you do accept a credit note, check if there is a time limit on using it. Back to top

We'll repair it free of charge

If goods are not of merchantable quality, you do not have to accept a repair. You can insist on a refund or a replacement. Back to top

Get it fixed under the manufacturer's guarantee

You do not have to accept this advice. Remind the retailer that your contract is with him, not the manufacturer. A guarantee is an added protection. It gives you the choice of having the goods fixed by the manufacturer under the guarantee or taking up the dispute with the retailer. A guarantee does not replace your legal rights in any way.

In some cases, using your guarantee may be the best option for convenience. For example, if you buy a hi-fi system and one switch is faulty, it might be easier to get the manufacturer to repair the switch under the guarantee, rather than expect the retailer to give you all your money back. If you decide to have the product repaired under the manufacturer's guarantee, ask the shop to lend you a replacement while yours is being repaired. The shop does not have to agree, but it may do it out of goodwill. Also, tell the shop (in writing) that you have decided to use the manufacturer's guarantee, but you reserve your statutory rights to a refund from the shop if the problem is not settled satisfactorily by the manufacturer. Back to top

We can't give refunds or exchanges without a receipt

The main purpose of a receipt is to prove you bought goods from a particular store, so it is reasonable for a retailer to check that he sold you the goods before he rectifies your complaint.

If you do not have a receipt, you may have another proof of purchase such as a cheque stub or credit card voucher. A particular trader's name may be on the product, or an assistant may remember you. If you cannot find any proof of purchase, your case is considerably weakened.

The best advice is to keep as many receipts as possible, especially for expensive goods. Write the name of the shop and the item purchased on the receipt. Also, if a store replaces goods for you, remember to ask for the receipt back with the new goods.Back to top

We don't give refunds

Stores cannot simply say they do not give refunds. Under the Sale of Goods Act, you are entitled to a refund, a replacement or a repair if a product is not of merchantable quality, fit for its purpose or as described. A retailer cannot take away those rights. Back to top

It's your fault. The product wasn't made for that purpose

Goods should be fit for their normal purpose, so don't be fobbed off with the excuse that you have not used the product properly. If the product you purchase does not do the job it is normally used to do, it is not fit for its purpose. Back to top

We don't give refunds or exchanges on sale goods

Do not accept this excuse. If goods are defective, your rights are the same under the Sale of Goods Act whether you paid the full price or a sale price. This is the case as long as you did not know about any defects at the time of purchase. However, if the goods are sold as seconds or shop-soiled, you cannot expect the same standard as in new perfect goods.Back to top