If you as a consumer have a difficulty in trying to get a refund when an item you have purchased is defective you are not in the minority. Very often retailers to not adequately inform customers about how to return a defective item to the seller and very often warranties get confused with statutory rights.

There are many acts and regulations to consider when dealing with consumer rights but in essence you should know the following;

1. Statutory Rights are a legal guarantee allowing customers to seek redress if an item is faulty regardless of whether or not a manufacturer has offered a warranty;

2. Warranties can be offered by manufacturers but statutory rights trump them every time;

3. Your Contract is always with the retailer and you can never be obliged to deal directly with the manufacturer no matter what you are told;

4. Under the Sale of Goods Act 1893 and the Sale of Goods Act 1980 consumers have up to six years to seek redress for faulty or defective items, subject to limits, depending on how much you pay and what the item does. If when you report the defect to the shop and you are not getting any satisfaction the most important thing is to put the complaint in writing and address it to management. The retailer is ultimately responsible;

5. If a fault materialises within six months of a product being bought the fault is presumed to have existed when it left the shop and the consumer is not legally obliged to provide proof of the defect however after the period of six months expires the consumer has to prove the fault did not arise as the result of misuse;

6. People should also be wary of extended warranties as they come at a high price and very often are not required.

If you have any issues with defective goods and getting satisfaction from the retailer please contact Fleming & Barrett Solicitors on 0238844211 or reception@bandonsolicitors.com

Celine Barrett