Claims for Unsatisfactory Goods Sold
Millions of articles are bought in shops every day, either over a counter in the old-fashioned way, or, increasingly, online. If you are dissatisfied we hope the shop will deal with your complaint in a reasonable manner, but what if you are not offered a refund – or indeed compensation for the failure to deliver an item before a specified date? What are your rights?
When it comes to face to face buying (i.e. usually over the counter) the most frequent complaint is about the quality of the goods. Goods sold in the course of a business must be of satisfactory quality. What is "satisfactory" will depend on all the circumstances but important factors are fitness for purpose, durability, appearance and finish, safety, and freedom from minor defects. Everything turns on the facts of the case. Anyone buying a very expensive brand is entitled to expect it to be perfect or nearly so, but the standard will be less exacting for a cheap item from stock.
If the goods are not satisfactory, the buyer can keep them and claim damages, or can return them and get his money back; but they cannot be returned after they’ve been "accepted". In effect this means that you should reject the goods as soon as you have had a reasonable opportunity to inspect them and found them to be unsatisfactory.
When goods do not come up to their description, you can generally require the seller to repair or replace them within a reasonable period of time, at his expense and without inconvenience to you. A seller who fails to do that may be required to reduce the price of the item, or you can cancel the contract and obtain damages, which may, or may not, be equal to the money spent.
As to goods ordered online, by post, or over the phone, you must be provided with detailed information about the goods, and must be told that you have a no-quibble right to cancel the contract altogether, within certain time limits.
These regulations usually apply only where the seller is a business and the buyer is not. Therefore they would probably not be valid if you are buying from another private individual on e-bay or a similar internet site.
We advise most unsatisfied buyers to try and reach an amicable settlement without going to law, particularly if the money equivalent is small in value. However the law is always an option and some people may feel they require legal advice on this issue, even if they don’t want to go as far as taking it to court.
If you have a problem with a faulty item, contact John Mitchell, Richard Godden, Ann Scott, or Douglas Peters on 0131 222 8000.
