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How to ... beat the cowboys: 12 things you should know about your rights

How to ... beat the cowboys: 12 things you should know about your rights



Knowing your rights can save you money. Nearly half the consumers who have successfully resolved complaints against traders after contacting Consumer Direct have saved more than £100 each, and some 7% have saved over £1,000

1 The law states that goods sold to you must be:

· of satisfactory quality. They must be of a standard that a reasonable person would regard as acceptable - free from defects, even minor ones, except where these have been brought to your attention by the seller.

· fit for purpose - which includes any particular purpose mentioned by you to the seller. For example, if you buy a computer game and tell the trader you want to play it on a particular console, it must be compatible.

· as describedon the packaging, display sign or by the seller - so sheets described as 100% cotton should not turn out to be 50% polyester, for example.

2 You're entitled to a full refund if goods don't match these standards - so long as you return them as soon as possible with a receipt or some other proof of purchase. You shouldn't have to accept a repair or replacement instead of a refund.

3A receipt is not the only form of proof of purchase a shop should accept when you're returning goods......continued below

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A credit or debit card statement or a cheque stub should do.

4 You can return faulty items to a local branch of a store group. You don't necessarily have to take them back to the branch where the purchase was made.

5 You can't be obliged to send faulty goods back to the manufacturer. Your contract is with the retailer, so it's their responsibility to sort out your problem.

6 You can't demand a refund or exchange just because you bought the wrong size/colour/model or change your mind about a purchase. Retailers aren't legally obliged to change any item unless it's faulty. Luckily though, many stores will change unwanted goods as a goodwill gesture, though most impose time limits such as 28 days from purchase. Certain goods, such as cosmetics and unsealed CDs or DVDs, are generally excluded.

7 Your legal rights are exactly the same when you buy goods in a sale. You can still claim a full refund, replacement or repair when returning faulty goods bought in a sale. But if goods are sold as "seconds" or "damaged", or a fault is pointed out before you buy, you can't then claim a refund for the same fault.

8If you buy online, by mail order or over the phone from a UK-based trader, you have the same rights if goods are faulty as when you buy something in a shop. In these circumtances, though, you're also entitled to extra rights, including:

· a cooling-off period, during which you can cancel your order without giving any reason and get a full refund. But you can't cancel certain types of goods, including perishables such as food and fresh flowers.

· a full refund, if the goods or services are not provided by the agreed date or (if you didn't agree a date) within 30 days.These extra rights don't apply to financial services such as insurance or banking.

9 If you buy goods and services online, by mail order or by phone, you may have extra protection if you pay by credit card. Providing that the goods you have bought cost more than £100 per item, the law says that the credit card company is equally liable (as the vendor) for any defects in them. So if something goes wrong - say your goods fail to arrive or are faulty - you could also have a claim against your credit card company.

10 As "distance shopping" rights in the UK stem from a European Directive, they should also apply in other European countries. But when buying from online vendors in countries outside the EU, your rights may be different and it might be harder to pursue a complaint.

11 You have fewer rights when you buy privately, whether through a small ad in a newspaper or at an internet auction. In a private sale, goods must be "as described" but the seller can refuse to accept responsibility for their quality or fitness for purpose.

12 For detailed information on your rights, help with complaints about traders, tips on shopping safely online and advice on how to avoid cowboy traders, scams and rip-offs, call Consumer Direct on 08454 04 05 06 or visit its website, consumerdirect.gov.uk

guardian.co.uk © Guardian Newspapers Limited 2008

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