
Consumers Regulations 2002. You can refer to this whole bundle of red tape as the Sale of Goods Act.
The essential principle of the Sale of Goods Act is that what you’re sold must fit its description, be of reasonable quality and not have any faults you weren’t told about. If it fails on any of these counts, you can ask for it to be replaced or repaired or for your money back. The choice between those three options is generally yours, and the one you should never pick is repair. If you’ve bought something new and it needs repairing, it’s a lemon. Give it back and get a refund.
Any conditions the supplier may impose on ‘returns’ apply only when you return goods because you’ve changed your mind. Even these may not be enforceable if you bought by mail, rather than seeing the goods before buying, because here the EU distance selling regulations (DSR) kick in. You have seven days to return any goods – with a few exceptions, such as software that’s been opened and anything that was specially made for you – without a reason, and you can ask for a full refund, including the cost of delivery.
When you reject goods because they’re faulty or don’t do what you were told – however you bought them – the supplier must replace them or give you a full refund. You can’t be charged a ‘restocking fee’ or similar, and the vendor has no right to object if, for example, you’ve thrown the packaging away You must reject goods within a reasonable time’, which isn’t precisely defined. Within a few weeks of purchase, there should be no quibble about replacing or refunding faulty goods. Up to six months after purchase, any fault you point out is assumed to have been present when the goods were bought; the onus is on the supplier to prove otherwise.
After six months, the onus is on you, but that doesn’t mean the supplier should mess you about if it’s clear there’s an inherent defect. You have up to six years to return goods, but remember that products have different expected life spans, and this would be taken into account if your case came to court. Once youVe had a period of use out of the goods, any refund can also be reduced proportionally.
Your rights are against the retailer, not the manufacturer. If you buy an Apple product from the Apple Store, the two are effectively one, which simplifies matters. Otherwise, you have no contract with the manufacturer. It’s the supplier who must respond to any complaints.
The manufacturer may, however, provide a guarantee, most commonly for the first year. This gives you the option of claiming a replacement directly, rather than going via the supplier, if the goods turn out to be faulty It’s not always a good option. Some manufacturers will offer prompt assistance; with others, the process of collecting, inspecting, repairing and returning kit can drag on. It’s often more effective to ignore the warranty and go back to the supplier under the Sale of Goods Act.
Extended warranties spread this cover over further years. There’s no difference in meaning between ‘guarantee’ and ‘warranty’ (they come from the same word in Old French). Remember, you already have the right to return faulty goods, so only pay for extra features such as accidental damage cover. With few exceptions, extended warranties sold along with goods are poor value. Third-party warranties are available from a range of insurers, so if you want a policy, shop around – but check you don’t already have cover from your card company, bank or home insurer.
Apple Care, Apple’s extended warranty and service option, is relatively attractive because of its provenance and the inclusion of technical support. Even so, it’s quite pricey and doesn’t cover damage, and the procedure for replacing items isn’t as friendly as it could be.
Talking of credit cards, use one whenever you buy anything for over Ј100. Thanks to the Consumer Credit Act 1974, the credit card company is then jointly liable. If you’re not satisfied and the supplier won’t put things right, you can complain to the card company and they must meet the supplier’s obligations. This also applies if the supplier goes into liquidation having failed to deliver your goods. Card issuers will often reject your complaint the first time, but persist: they’re liable. It’s a great form of protection, but doesn’t apply to debit cards or business purchases (although some card companies honour the same principle voluntarily). That’s why we advise using a credit card.