Buying goods - buyer responsibilities

As a consumer, you have certain responsibilities. If you don't meet these, then you may not be able to use the Sale of Goods Act to make a complaint.

Even if you do not have rights under the Act you might still have other rights, for instance under a guarantee. Take a look at the Additional rights section.

Have you accepted the goods?
If you have accepted the goods you cannot claim a refund. However, you can still claim compensation if the goods are faulty. This is normally the cost of repairs or replacement.

You have a 'reasonable' time to return the goods if they are faulty. This means you should try out any goods as soon as possible after purchase. Any delay could mean losing your rights.

Auctions
If you buy goods at an auction and the auctioneer pointed out that the goods were not covered by the Act (which could be done in a notice), the Act does not apply.

Gifts
Usually if you are given a present that turns out to be faulty you do not have any rights. The person who bought the goods has the right to complain. However, the law has recently changed; if the buyer identifies who the item is being bought for and this is shown on the receipts then you do have rights under the Act (these are known as 'third-party rights').

Private sale
When you buy from a private individual you don't have the same rights. Car-boot sales come into the same category if the seller is not a business.

The only rule that applies is that the goods should be as described. So if the seller misrepresents the goods then you may be able to make a claim.

Examining the goods
You cannot make any claim under the Act if:

before buying you had examined the goods and the defect was obvious
the fault was pointed out to you
you were told the goods did not meet the description on the packaging
you were told they were not fit for the purpose you were buying them.

Goods delivered
You should have reasonable time to inspect goods. If goods are delivered in a faulty condition, then it is your responsibility to tell the seller as soon as possible. If you keep the goods beyond a reasonable time, it will be assumed you have accepted them and you will only be able to claim compensation (repair, replacement or monetary compensation - which you are entitled to will depend on how long you have kept the goods).

Note: Just because you have signed a delivery note saying you have received the goods does not take away your right to have reasonable time to inspect the goods. It is always sensible to sign with the note received but not inspected.

Changing your mind
If you have changed your mind about the goods, you have no rights under the Act. Some shops do give exchanges or credit notes but have no legal obligation to do so.

Deposits
If you have given a trader a deposit for an item, you have entered a contract. If you then change your mind about the purchase, the trader is within their rights to keep the deposit. If you put a deposit on a hired item then the rules are the same.

Large text version

Buying goods - buyer responsibilities

As a consumer, you have certain responsibilities. If you don't meet these, then you may not be able to use the Sale of Goods Act to make a complaint.

Have you accepted the goods? If you have accepted the goods you cannot claim a refund. However, you can still claim compensation if the goods are faulty. This is normally the cost of repairs or replacement.

Auctions If you buy goods at an auction and the auctioneer pointed out that the goods were not covered by the Act (which could be done in a notice), the Act does not apply.

Private sale When you buy from a private individual you don't have the same rights. Car-boot sales come into the same category if the seller is not a business.

Examining the goods You cannot make any claim under the Act if: