Consumer Rights

Being a MoneySaver doesn't mean you have to accept worse service. Cheaper isn't worse, you have exactly the same rights and expectations as any other customer. Of course, it's important to be aware of what you're rights are to enable you to fight your corner too. This guide is to help you be a 'sad fart', don't worry, as you'll see later, I'm not insulting you, it's my start point to remembering your rights.

• Buying goods from retailers
• Pay the right way!
• Buying on the internet
• Holidays
• Second-hand Goods
• Restaurants
• If you're unsatisfied

The ups and downs of shopping

Buying Goods from Retailers

Your agreement is with the retailer, not with the manufacturer.

Complain to them. If the goods were faulty when you bought them, then the retailer must sort it out for you. If it tries to fob you off telling you to go to the manufacturer, it's wrong. Plus you have your Sad Fart rights....

• Goods should be of satisfactory quality and as described.

  The Sale of Goods Act 1979 ensures goods should be of satisfactory quality and fit to do the job intended for them. Fit for purpose means both generally e.g. hi-fi speakers should play music but also specifically for any purpose you've asked. E.g. if you've asked ‘will they fit my Hitachi Hi-fi?', and been told yes, but it doesn't then it wasn't fit for the purpose specified.

• Examine goods and complain immediately.

  The amount of time you have to check whether goods are faulty depends on what is reasonable for that product. E.g. it takes longer to check a speedboat than a kettle. However in truth you really should try and complain within a week. Do that and you are entitled to a full refund.

  Leave it longer and providing the goods were faulty when you bought them your right to a full refund may be lost. However you're still entitled to a replacement, a reduction, or a credit note.

• Proving goods were faulty when you bought them.

  Where the goods are faulty, take them back within 6 months and the shop has to prove they WERE NOT faulty when you bought them. After 6 months you must prove they WERE faulty when you bought them.

  By law you have up to six years to make a complaint, but this doesn't mean goods must last six years, they must last what most people would consider to be a ‘reasonable' length of time. So if there is wear and tear that breaks the product then the likelihood is you have no claim. Yet if it was an unreasonable fault, you do.

  If there is an argument over whether the goods are faulty or not – the burden of proof is on the consumer.

• When you're not covered.

  If you knew the goods were faulty when you bought them.

  If you've seen them anywhere else cheaper.

  If you bought the goods for the wrong purpose.

  However, though you don't have a right this doesn't mean you shouldn't ask. Many shops will allow it.

• Are free goods covered?

  This is a tricky area in consumer rights, as technically when something is free you’ve not got a contract with the supplier and therefore aren’t entitled to get a faulty item fixed. The same applies if you are given something as a gift, where the person who pays for the item has the contract and will need to sort out any problems. This can be overcome if the buyer tells the seller the item is a gift, so remember to do this if you buy an expensive present for someone.

  Yet if a free gift comes with something else, maybe a free bike when you sign up to a gym contract or a free matching toaster if you buy a particular brand of kettle, and the free item later becomes faulty, you have the same protection as if you’d paid for it. Most sellers will be aware of this but if you encounter problems stand your ground and complain.

Pay the right way!

Credit Cards are better than debit cards

This may surprise you, but you have more rights if you spend on a credit card than you do on a debit card, cash or cheques. Now don't rush to hock everything onto a card costing a fortune in interest, but do consider some planning for the best of both worlds.

This right is for those who have no debts or can at least pay a specific card off in full each month, that way there's no interest charged, so you can get the benefit of extra rights without any cost (there are other benefits too such as earning cashback, cheaper spending when abroad, special protection for web spending and ID fraud protection too)

It's all about section 75 protection!

Don't worry it's not going to get too complicated. All this stems from Section 75 of the Consumer Credit Act 1974, which is about 'credit giving' cards, and that's why this protection is sexily named "Section 75". As when you spend on a credit card, you're effectively entering into an arrangement to borrow (even if you pay off in full) then you get these rights, and this is why you don't get the same rights with debit cards.

Read the Section 75 Refunds detailed Q&A guide for full detials on what protection you get with Section 75. This'll show you how to maximise protection, when you’re not covered, how to access it without a credit card, and includes free template letters for making a claim.

Extra Briefing: Settling an old debate

Can you force a shop to sell you goods if you see them mistakenly under-priced?

No, sorry. If they're mis-priced the shop can refuse to sell you them. There is no contract until it has accepted the cash. Before that point they can refuse (and if it is on the internet even if they have accepted that case, it can argue using the Law of Mistake that the transaction isn't finalised).

Buying on the internet (applies to mail order too)

• You have the same rights as in a normal shop, including at Christmas time

  Providing you are buying goods from a UK based company, then it works exactly the same way as walking in a shop, the only exception being....

• You've a right of seven days to cancel

  Under Distance selling regulations, you have seven working days to cancel after receiving the goods or if it's a service you have seven working days to cancel the contract, which actually means you have more rights when you buy stuff on the web (or mail order) than you do for buying in a shop.

  You can’t cancel if the service has already started or you have bought personalised goods, fresh food, flowers, or sealed audio, video or computer software that has been opened.

  You must also take care of the goods while you've got them as you have to send them back in reasonable condition.

• If the goods don’t arrive on time

  The Distance Selling Regulations also give you protection if you ordered something online, by phone, fax or mail order and either you or the seller specified a certain delivery date (e.g. in time for a birthday or Christmas) but it wasn’t delivered on time. If this happens you’ve a right to a full refund. If a date wasn’t specified, then delivery should be within 30 days.

  Financial services and auctions are excluded from the DSRs, although you are covered for goods bought with the ‘buy it now’ facility on auction sites such as eBay.

• Use credit cards

  Use a credit card for extra protection because then the credit card company is equally liable (see above).

• Beware of overseas firms

  If buying goods from firms based abroad, beware, UK laws won't cover you.

• You've a right to clear information

  When buying UK goods you have a right to clear information, written confirmation of your order, and details of how to cancel and delivery details.

• Buying on eBay

  See a specific article on eBay rights.

Holidays

• Should be as described

  The holiday should reasonably comply with any descriptions. The accommodation that's booked for you should be available and not overbooked. A minute from the beach should be a minute on foot or taxi, not a minute on Concorde.

  Photos should not be misleading either. And under package holiday regulations you also have a right to compensation for any negatively misleading descriptions too.

• Always read the t&cs

  Always read the terms and conditions. This is where people get caught out. Read the full details of the holiday and what's included and expected before you go. There is no automatic right of cancellation.

• Changes before you go

  If they substantially change the holiday terms before you go – you've a right to a full refund. If you still want the holiday, but aren't happy – write and tell them and that you will assess the impact the changes actually have on your trip.

• Problems while you're there

  If things go wrong while you're on holiday, always ask for a complaint form there and then. If not you may lose the right to any compensation. You must give them the opportunity to put it right.

  Take video or photo evidence or supporting notes from other holidaymakers if there is a problem. Keep details of who, what, where, when, how and why things went wrong and keep receipts of any extra costs incurred.

  If the tour operator won't do anything, when you get home you can either take them to court or go to the ABTA tribunal service.

Second-hand goods

• Sale of goods act still applies

  Second hand goods and sales goods bought from shops still follow the same rules, if they're faulty then you can still return them. The idea that because you've bought sale or second hand goods means you can't return them is wrong. They must be of satisfactory quality, but the price must be taken into account. If you buy a car for a fiver, you don't have a right to expect it to run normally. If you are made aware of any faults when you buy them, you can't return them later because of that fault though.

• With private sellers it's ‘buyer beware'

  However buy second hand goods from private sellers and you've only a right that the product is correctly described and the owner has the right to sell it. Here it's caveat emptor or let the buyer beware. If the buyer says nothing and no description and you buy it – then that's it – even if it doesn't do what you thought it may – you were not missold.

• Second hand cars specifically

  If buying from a trader your rights are the same as always. However certain factors must be taken into account. A car should be fit to use on the road, be in a condition that effects its age and price and be reasonably reliable. ‘Sold as seen' has no basis in law, your sale of goods act rights still apply.

  Note private sellers of cars works like all second hand private sales (see above) however unless stated you have a right to expect the car will pass an MOT.

Restaurants

Prices should be clearly displayed

All pubs and restaurants should clearly display their prices.

• Food quality

  The food should be of satisfactory quality, this includes being hot when it's hot food. If it isn't you can claim a full or partial refund depending on the problem. You may want to report them to your local Environmental Health Department, as improperly cooked food, or food served at the incorrect temperature, may pose a health risk.

• The food should be as described

  Home made should be home made – if not it's a breach of contract so you could fairly deduct the value of the difference between home made and manufactured cost.

• Service charges

  You do not have to pay service charges. And if the service charge is included in the food – you are legally entitled to deduct a reasonable amount if the service was not as expected – say 10% - 15%.

• What if they say ‘pay or we'll call the police'?

  If you feel forced into paying then pay ‘under protest' and then you can dispute the cost later and make a claim later. This way if you feel they're going to call the police you are protected against such things.

• Toilet facilities

  All restaurants should provide toilets for their staff and wherever possible for customers as well. Premises that are open after 11pm or have a drinks licence must have toilets.

• Tap water

  Restaurants, shockingly, don't have to provide tap water to the public but if they do they may charge for it. However it is illegal for them to pretend it is bottled water.

If you're unsatisfied

If you are unsatisfied then complain to the trader there and then. And only pay what you consider to be a reasonable amount. If you're totally unsatisfied then pay nothing. If you feel forced to pay then say you are doing so ‘under protest' and you will be making a claim against them for distress. Take photos, get evidence and, in certain situations such as hairdressing, others' opinions. If not then you can pursue a claim at the County Court.