http://www.bbc.co.uk/watchdog/guides_to/consumerlaw/index2.shtml
SALE OF GOODS
Together with the law applying to services, these are the only laws that every consumer should really know by heart.
While laws concerning sale of goods date back 100 years, the only phrase you need to memorise is 'The Sale of Goods Act 1979 (as amended)'.
The 'as amended' is important because it refers to laws which have extended the basic 1979 Act and using the phrase tells the trader that not only do you know basic consumer law, you know it has been amended too.
The Sale of Goods Acts lay down several conditions that all goods sold by a trader must meet. The goods must be:
- of satisfactory quality
- as described
- fit for purpose
'Satisfactory quality' covers minor and cosmetic defects as well as substantial problems. It also means that products must last a reasonable time. But it does not give you any rights if a fault was obvious or pointed out to you at point of sale.
'As described' refers to any advertisement or verbal description made by the trader.
'Fit for purpose' covers not only the obvious purpose of an item but any purpose you queried and were given assurances about by the trader.
If something you buy from a trader does not meet these conditions, you are entitled to a full refund if you return the goods soon after purchase. Otherwise you are first and foremost entitled to have the goods repaired or replaced.
If these remedies are inappropriate, then you are entitled to a suitable price reduction, or to return the goods and get a refund (reduced to take account of any wear and tear).
The Act covers second-hand items and sales. But if you buy privately, your only entitlement to your money back is if the goods are not 'as described'.
If goods which are expected to last 6 months, do not do so it will be presumed that the goods did not conform to the contract at the time they were bought, unless the trader can prove to the contrary.
In all other situations, it is for the consumer to prove his/her own case (i.e. that the problem existed at the time of the contract). This will prove more difficult, the longer you have had the goods. Subject to this, a consumer has six years from the time he/she buys something in which to make a claim.
You only have a relatively short period to get a full refund. After this time, you will be deemed to have 'accepted' the item. If it then turns out to faulty, you will have to claim compensation - see Enforcing the Law
Ellie, you're entitled to reject the tv as unfit for purpose - go back to the store and say 'I am rejecting the tv as unfit for purpose/unsatisfactory under the Sale of Goods Act 1979 as amended' This should mean that you can ask for your money back if you wish as well!
Don't accept repair - that's your right, you're better off getting a replacement because you don't know what else may be broken.
If they still refuse to replace it, report them to your local trading standards office - the council should be able to help you with that (not sure whether officers are employed by the council)
