Consumer rights
'Give me my money back!'
Ever returned poor or faulty goods for the shop to simply dismiss your complaint? Now imagine walking down the high street, or contacting the company, this time covered in a glistening suit of consumer rights armour. Read on to find out what your consumer rights are, and what to do if your purchases go wrong.
What are your consumer rights?
Your consumer rights protect you when you buy goods and services. This means you have rights by law, which a shop or service provider can't change.
Before we get into the detail, here's a quick summary of your rights:
- You DON'T have a legal right to change your mind & return store-bought goods. Even if you've bought the wrong colour or size, stores don't legally have to refund you simply because you've changed your mind. (It's different if items are faulty.)
- In reality, many shops offer more generous returns policies. If stores have published returns policies, they have to stick to them. Many will allow you to change your mind and get a full refund, but always check before you buy.
- The rules are different when shopping online – you DO have a legal right to change your mind. For most items, you have up to 14 days to notify them of a return, then up to 14 days after that to send it back. There are some exceptions. See full info on shopping online.
- If items are faulty, it doesn't matter where you bought them. You will usually be entitled to a refund, repair or replacement, depending on when you find the fault. See Returning faulty goods.
Has Brexit changed your consumer rights? Following the Brexit transition period, most EU directives have been incorporated into UK law, so your rights are unchanged. However, if you're buying from a trader based in the EU, things can now be a bit trickier.
Pre-Brexit, if a UK consumer bought an item from an EU-based trader and it didn't arrive or there's a problem, the UK consumer could use UK law and the UK courts for redress, and judgment was recognised in the EU member state in question. The Government now says you need to contact UK International Consumer Centre for help with problems buying from an EU country.
Consumer rights: Quick dos and don'ts
Later in the guide, you'll get a much more detailed explanation of how consumer rights work. But let's start with a few simple dos and don'ts to help you protect yourself.
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Understanding consumer rights law
If you've got a dispute going on, it's important not just to know your rights, but to understand how and why they work.
Every time you buy something, be it a mobile phone from a mate or a week in Cuba from a travel agent, you make a contract with the seller.
What does this contract really mean?
Both you and the other party agree to terms and conditions. The seller has agreed to provide your 'statutory rights'.
It's worth noting this law only applies to consumers, not to something you're buying in the course of a business (for example from wholesalers such as Costco). However, it does apply to everything bought in the UK regardless of where the retailer is based (though if you bought something from, say, Outer Mongolia, it might prove tricky to enforce).
The nitty-gritty of the law depends on whether you're buying goods, digital content or services.
1. Goods: Anything you can hold
Goods could be a T-shirt, toaster or a truck, whether new, second-hand or bought online.
Jump to the Goods buying rights section for full info on your rights.
2. Digital content: Data and anything digital
Officially described as "data which is produced and supplied in digital form" this includes things such as video games, films, downloaded music, ebooks or phone apps.
Jump to the Digital content buying rights section for full info on your rights.
3. Services: Anything from dentists to restaurants
Whether it's fixing your teeth or filling your tummy, a service is a contract where a company has carried out some work for you.
Jump to the Service buying rights section for full info on your rights.
4. Mixed contracts: A combination of any of the above
If something you buy is made up of more than one type you need to look at the rights for the part that's faulty.
For example, the delivery (service) of a compact disc (goods) containing music (digital content) could use any of the rights available depending on what's gone wrong.
Your rights when buying goods
The legal protection you have here is from Part 1 Chapter 2 of the Consumer Rights Act 2015. This sledgehammer cracks any nut.
Know your 'SAD FART' rights when returning goods
This should be taught at school – everyone should know their basic statutory rights. Know these and you can enforce fair treatment when goods are faulty. It's so crucial, you should actually memorise it. Our mnemonic is to call them your SAD FART rights. When you buy goods they must be...
Satisfactory quality,
As
Described
Fit for purpose
And last a
Reasonable length of
Time
Whatever you bought, don't just quote the rights, say this… "according to the Consumer Rights Act 2015".
Saying this can make a powerful impression. Yet if you're going to complain, especially about an expensive item, it makes sense to dig into the rules in even more detail – see the section below.
It's crucial to understand each line of the SAD FART mantra and exactly how it works.
Goods must be 'satisfactory' and 'as described'
Now the latter part of this, as described, might sound pretty obvious. For example, a blue jumper either is or isn't. But other goods, such as a silk shirt or a cashmere sweater, must be made of that material, while a multi-region DVD player must play international DVDs.
It's easy to buy goods that don't measure up to what the label says. So "as described" is the foundation that makes sure you get what you pay for. Dangerous goods always break this rule, though.
Satisfactory quality is harder to define. The law says "satisfactory" is what a reasonable person would be happy with, looking at all of the information easily available to you, such as its price and condition. See more later on second-hand goods.
But what's reasonable? Now there's a question lawyers have rowed about for years and there's no set answer.
In a legal context and in a dispute with a shop, it means goods must be in a state that you, or any other normal, reasonable person would think was reasonable. Easy, eh?
Certainly if you bought an expensive music player and the sound was virtually inaudible, most people would almost certainly say it wasn't satisfactory. But let's say you bought a cheap garden trampoline, where you could bounce on it, but it moved around as it wouldn't bed into the soil. Would that be satisfactory?
Ultimately if you and the shop couldn't resolve it, you'd need to take it to court for a judge to decide. But hopefully, it wouldn't get that far.
Goods must be 'fit for purpose' AND 'last a reasonable length of time'
This means stuff must work and not fall to bits after an hour's use. This might sound pretty basic common sense, but without it, you can find yourself exposed.
Say you buy some new car headlights without checking which car they're for – if you get the wrong ones, that doesn't make them faulty.
Yet if you get them having asked the shopkeeper if they'd work in your car – even though the box didn't say yes or no – then they aren't 'fit for purpose' and you can get your money back.
Something faulty? You can get a full refund within 30 days
This is a nice new addition to our statutory rights. The Consumer Rights Act 2015 changed our right to reject something faulty, and be entitled to a full refund in most cases, from a reasonable time to a fixed period (in most cases) of 30 days.
After that, you lose the short-term right to reject the goods and you'll have fewer rights, such as only being able to ask for a repair or replacement, or a full or partial refund if this doesn't work.
Other key need-to-knows
This is the law BUT in reality shops usually give you more leeway (though this is often suspended in sales)
Many of us have bought something only to later decide it's unsuitable or not needed and shops are under no obligation to take your goods back, just because you've changed your mind.
But even when you don't have legal rights, plenty of companies do STILL give refunds even if the item isn't faulty. These are mainly high street stores allowing you to simply take back whatever you want within a set timeframe. Here are some examples:
- John Lewis. If you're unhappy with a purchase, you usually have up to 30 days to return it. This is extended further over the Christmas period: Any gift bought between 26 September and 24 December 2024 can be returned up until 23 January 2025. There are some exclusions including perishable goods, made-to-order products or opened computer software, which must be faulty or not as described to be refunded or exchanged.
- Waterstones. If you're unhappy with your purchase you can return it in a resalable condition with proof of purchase within 60 days. This is extended during the Christmas period: you've got until the end of January to return unwanted Christmas gifts. Gift cards are excluded.
So what about my 'extra rights' during sales?
Many shops often revert back to the basic statutory rules during sales, so you may not be able to enjoy any extra rights if the item you bought has been discounted.
But remember, if goods are faulty you can still use your SAD FART rights. This applies whether you bought something in a sale or not, unless the retailer told you about the fault before you bought it and part of the reduction in price was due to this. Plus, online orders always get the 14 day cooling-off rights from the Consumer Contracts Regulations, subject to the standard exclusions, wherever and whenever you bought them.
Registering a household appliance can save you money by entitling you to an extended warranty if something goes wrong. But it also means the manufacturer is able to contact you if it identifies a fault with your appliance, which means it needs fixing or recalling.
It’s quick to do this at Register My Appliance – a site set up by UK trade body the Association of the Manufacturers of Domestic Electrical Appliances (AMDEA) and supported by the Government.
You can register both new or old in-use household appliances such as washing machines, dishwashers, cookers and vacuums, even if they were bought second-hand, inherited, or came with your home when you moved in.
You’ll need your appliance’s model name, serial number and when you purchased it (or approximate date) – most brands allow you to register products up to 12 years old. AMDEA says half of people have never registered an older appliance, meaning in most cases they can’t be notified about any safety repairs or recalls relating to their product.
More than 70 brands are signed up to the scheme including major ones such as AEG, Bosch, Dyson, Hotpoint, KitchenAid, LG, Samsung, Vax and Zanussi.
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Your rights when buying digital content
The Consumer Rights Act introduced specific new rights to protect you when buying digital content (it's Part 1, Chapter 3, if you want to look it up).
Before the act came into force on 1 October 2015 (or still, for anything bought before then) you didn't have separate rights for digital content – you had to use the goods and service rights, which didn't always apply well to digital items.
The current law applies to any digital content, whether it's a Blu-ray disc containing a film that can be physically touched, or a downloaded film that can't be. It also applies to any updates and modifications made to the content for six years after you've had it.
The SAD FART rules still apply to digital content – it needs to be of satisfactory quality, as described, fit for the purpose and last a reasonable length of time. But there are a few differences with digital content as well.
1. There's no automatic right to a full refund within 30 days
If the digital content doesn't measure up you can ask for a repair or replacement. If the repair or replacement doesn't work, or isn't possible, you can then ask for a reduction in price instead.
The law says that a full refund may be given "where appropriate", so act quickly and you may actually get all of your money back – but in general this is likely to be a partial refund.
2. Compensation is available if the content damages your device
If you can show the faulty digital content has caused damage to your device or other digital content you're also entitled to compensation for the damage caused, or to get the damaged item repaired.
This might apply if, for example, a downloaded music track caused your device to play up, or an updated app deleted movie files from your mobile. Any repairs needs to be done in a reasonable time and compensation paid within 14 days.
3. It doesn't cover free content, unless you paid for something else to get it
You need to have paid for the content, either with cash or something like a gift voucher, token or virtual money in a game, to be eligible to use these rights. This includes buying something that includes free digital content, like software with a computer.
If something was free, and it damages your device, you won't be able to use the Consumer Rights Act. But you might still be able to get compensation via a different route – complain to the retailer in the first instance, but ultimately you might have to go to court.
Your rights when buying services
Whether it's a shop, restaurant, bank, insurer, public and private transport or healthcare (we could go on!), top-notch service is the least you should expect in today's super-competitive climate.
Of course, things still go wrong and when they do, you've powerful protection from Part 1 Chapter 4 of the Consumer Rights Act 2015.
Quite simply, it demands that any service should be carried out with...
Reasonable care and skill,
Within a reasonable time,
At a reasonable price.
What counts as 'reasonable'?
In a legal context, and in any dispute that you might have with a retailer or company over standards of service, it means the level of service must be one that you or any other normal reasonable person would also consider to be reasonable.
The best way to think of it is to imagine what a sensible, unbiased, friend would say who knew both you and the person providing the service – would they agree it was reasonable?
Of course this can stray into difficult territory. If you get a mobile phone in Scotland and have told them you'll use it there, but it only gets a signal in Wales – no one would consider that reasonable. Yet if you get the phone and the only place it doesn't get a signal is in your home – is that reasonable?
But what do the 'reasonable' rules actually mean?
- Care and skill. This means a business should look after you and your property properly as, by being a business, it's saying it is capable of doing so.
For example, a hairdresser would be expected to NOT ruin your hair and a builder NOT to forget to lay foundations.
- Reasonable time. If the time taken to complete a job is unclear, it should be carried out as soon as possible and not drag on for years.
If you need something doing by a certain date, for example a wedding cake to be made in time for your special day, you can make your contract 'time is of the essence', which'll give you stronger rights if there's a problem.
- Reasonable price. This is about the price of work that hasn't been agreed in advance, not the overall price of the service.
If you get an estimate to fix your boiler for £200, have the work done and problems mean you end up being charged £2,000, the trader would need to prove this was reasonable, usually meaning what other plumbers would charge.
Buying online, via mail order or from home
On top of all the other protections described above, there are major advantages to buying online, via mail order, or simply from home. Thanks to the Consumer Contracts Regulations 2013, in most cases you have the right to cancel your order and get a refund – even if you've just changed your mind.
When do I have the right to cancel?
The Consumer Contracts Regulations apply to contracts for goods or services (including digital content) of any value ordered from an EU-based business via mail order, phone or online. You're also protected if buying something costing more than £42 away from a normal seller's premises (usually at your home or work).
I got a present from someone who bought it online. Can I return it?
Importantly, these rights only apply to the person who bought the item, so it's trickier if you want to return a present you got. The store may ask that the original purchaser return it.
How long do I have to cancel?
Here it depends what you're buying:
- Goods: 14 calendar days from the day after you receive all goods in an order (unless it's for regular delivery such as a magazine subscription, when the first delivery counts). Once you've cancelled an order you then have a further 14 days to send the goods back.
- Services and digital content: 14 days from the day after the order is made. If you want to start a service within the 14 days, you will usually be asked to give your agreement in writing. This then means you can't cancel. However you are able to get a refund minus the proportionate cost of anything you have used.
If you aren't told about your cancellation rights in writing, you have up to a year and 14 days to cancel the contract.
Other key questions:
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How to make 'em pay up
While the legal protection is strong, it doesn't matter what the rules are if the seller won't obey them. Yet this isn't always easy with consumer law, you need to sort out your own problems.
Don't go militant unless you have to. The first easy step is to go back to the shop or phone the call centre and explain the problem and your suggested resolution.
If you go in with gusto, saying you know what your rights are, chances are the store will sort your problem in a flash.
Sadly, many customer-facing staff in stores have no idea about the statutory rights, so you may come up against a brick wall. Stay calm, if possible find them the law – and politely ask to speak to a supervisor.
Before you go though, there are some rules to follow...
The complaint checklist:
Still not happy?
If you've followed all the tips in this guide, hopefully things have been resolved. Yet if your complaint to the seller has fallen on deaf ears, there are several other steps you can take to fight back. See the How to complain guide to see which is best for you, or the Small claims court guide on how to take legal action for up to £10,000.
Consumer rights Q&A
Here's some help with a few of the most common questions.
Have your say in our forum!
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