Shop purchase

Don’t let the shop fob you off by saying you should take it up with the company that made the item. Your main rights are against the shop or supplier you bought from. These are known as your ‘statutory rights’.

Products you buy should:

• match the description you were given, 
• be of satisfactory quality
• be ‘fit for their purpose’. 

If they are not, then your rights depend on the product and the fault. See the “your claim” box below for further information. It could be reasonable for you to get:

• your money back, or 
• a free repair, or 
• a replacement by the retailer, or even
• compensation for extra losses or injury you suffered as a result. This is harder to place a value on – so please ask about this when you take your Free Initial Assessment 

These rights come from The Consumer Rights Act 2015 and can sometimes last much longer than the length of a manufacturer’s guarantee.

If you bought (or paid part of the cost) by credit card then you may also have the extra protection of being able to claim these same rights from the credit card company. 

Did you pay by Credit Card?

Finally you may also have rights against the company that made the faulty product (known as the manufacturer). This can be in cases where a product causes an injury but is mainly when the item comes with a guarantee or warranty.

Guarantee or warranty: What you are entitled to will be set out in the wording. You may also be given useful extra rights to claim whatever is permitted by the terms of that guarantee or warranty. This often lasts 6 months but can be longer. However your rights against the shop or supplier will often last longer.

1: That you bought the item form the particular shop or supplier. A receipt or other proof of purchase will prove this.

2: That the product is not working properly (not fit for its purpose). This is usually a matter of common-sense when the item is inspected by the shop or supplier.

3: If the problem occurs more than 6 months after you bought it then you may need to show the problem was not your fault and was not down to:

• Normal ‘wear and tear’ of being used. 
• You mis-using the item.

Note: If the problem occurs in the first 6 months after you bought the item, then it is assumed the product was not of satisfactory quality and/or was ‘not fit for its purpose’. It is for the shop or supplier to prove otherwise.

1: Proof or when and where you bought the item.

2: If the shop (or adverts for the product) made any particular claims about the item then you should make a note of these.
3: If you have suffered any losses and expenses you should keep receipts or other proof of these costs to you.
4: If you suffered an injury caused by the product, then get it checked by your GP or hospital – so there is an independent record of your injury.

What you can claim depends on what is reasonable in the particular circumstances for the type of product at fault.  So, if a product you’ve bought develops a fault  you may be entitled to the following from the shop or supplier:

• Get your money back. You are usually entitled to this where the fault occurs in the first 4 weeks. You should let the shop know as soon as possible. 
• Have it replaced. Where the fault occurs in the first 6 months after you bought it, you should be entitled to a replacement.
• Have it repaired (at no cost to you). If you have had the use of the item for some time, then repairs are the most likely reasonable outcome. Depending on the item and the circumstances, it may be reasonable for the shop to cover the cost of repairs beyond any period of warranty or guarantee.
• Repaired by someone else. If the shop refuses to repair the faulty item, you may have the right to arrange for someone else to repair it and claim compensation from the retailer for the cost of doing this.
• You can also claim your additional losses and expenses. These are to put you in the position you would be in if you had not bought the faulty product. Some examples are given in the sample complaint letter.

Usually you have 6 years from the date you first suffered loss or harm from the defective product. 

This reduces to 3 years if you suffered a physical injury.

However, you will usually have much less time from when you bought the product to be able to claim the product was at fault and that  it is reasonable for you to receive compensation. How long is reasonable will depend on the item and its cost and how long it is expected to last.

• Washing machine never cleaning properly
• Dishwasher flooding your kitchen
• Lawnmower not up to the job – despite what the salesman told you.
• Children’s toy having sharp parts – unsuitable for use by children.
• Can opener causing a deep cut to your finger despite being used in accordance with instructions.