Civil law for consumers - Lincolnshire County Council · What is civil law? What is civil law? 1...

LincolnshireCOUNTY COUNCIL

for consumersA buyer’s guide for goods & services

Civil law

Every day thousands of contracts are made for the sale of goods

and the supply of services. Civil law covers all of these contracts

and sets out basic rights and responsibilities for consumers, and

rights and obligations for traders.

If you buy goods or a service, whether through a trader, private

seller, the internet, TV, phone or advertisement, this leaflet tells

you about your rights, what to look out for and what to do if

things go wrong.

What is civil law?

What is civil law? 1

Buying goods 2

Buying a service 6

Shopping from home 8

Doorstep selling 9

Unfair contract terms 10

The paying process 11

Guarantees and warranties 12

Resolving disputes 13

Need more help? 14

Trading Standards 15

Words list 16

Contents

This leaflet sets out general guidelines. How the law applies to

you depends on the facts of your case.

If you think that you have a legal claim and cannot get a

satisfactory answer from the trader you can get clear, practical

advice from Consumer Direct’s telephone advice and

information centre. Contact details can be found in the useful

contacts section of this leaflet.

Every day thousands of contracts are made for the sale of goods

and the supply of services. Civil law covers all of these contracts

and sets out basic rights and responsibilities for consumers, and

rights and obligations for traders.

If you buy goods or a service, whether through a trader, private

seller, the internet, TV, phone or advertisement, this leaflet tells

you about your rights, what to look out for and what to do if

things go wrong.

What is civil law?

What is civil law? 1

Buying goods 2

Buying a service 6

Shopping from home 8

Doorstep selling 9

Unfair contract terms 10

The paying process 11

Guarantees and warranties 12

Resolving disputes 13

Need more help? 14

Trading Standards 15

Words list 16

Contents

This leaflet sets out general guidelines. How the law applies to

you depends on the facts of your case.

If you think that you have a legal claim and cannot get a

satisfactory answer from the trader you can get clear, practical

advice from Consumer Direct’s telephone advice and

information centre. Contact details can be found in the useful

contacts section of this leaflet.

When goods you buy fall short of these requirements this is called breach of contract. You may return the goods to the seller and ask them to resolve the matter. You may have a guarantee with the manufacturer and this may offer a practical solution to your problem. However, your legal rights are with the seller and not the manufacturer.

Just because you sign a delivery note it does not necessarily mean you have accepted the goods.

It’s a fact...

Seek compensation for any financial losses that you have incurred as a direct result of the problem with the goods i.e. destroyed food from a broken freezer

Ask for a partial refund (taking into account how much use you have had from the goods)

If you decide you want to keep the goods, instead of asking for one of the above, you may be entitled to ask for either a repair or a replacement. These rights come from the Sale and Supply of Goods to Consumers Regulations 2002.

What remedies are you entitled to?

If the seller is in breach of contract you can ask them to put this right. To do this you can:

Reject the goods and request a full refund providing you have not accepted the goods. You can accept goods by personalising them, having them for more than a reasonable time or telling the seller you are happy with the goods.

The Sale of Goods Act 1979(as amended)

The law says that goods you buy must:

be of a satisfactory quality and be safe. Satisfactory quality includes:

appearance and finish

freedom from minor defects

durability

not be damaged or defective unless the seller points out a fault before purchase and you accept it

be fit for the purpose they are made for or a particular reason you explain to the seller

match any description made by the seller, on the packaging or display sign

Buying goodsWhen you buy something in a shop, street market or online, you and the seller are making a legally binding contract covered by the Sale of Goods Act 1979 (as amended).

Your rights as a customer under this law last for a maximum of six years. This excludes problems with goods which are caused by fair wear and tear or misuse.

When goods you buy fall short of these requirements this is called breach of contract. You may return the goods to the seller and ask them to resolve the matter. You may have a guarantee with the manufacturer and this may offer a practical solution to your problem. However, your legal rights are with the seller and not the manufacturer.

Just because you sign a delivery note it does not necessarily mean you have accepted the goods.

It’s a fact...

Seek compensation for any financial losses that you have incurred as a direct result of the problem with the goods i.e. destroyed food from a broken freezer

Ask for a partial refund (taking into account how much use you have had from the goods)

If you decide you want to keep the goods, instead of asking for one of the above, you may be entitled to ask for either a repair or a replacement. These rights come from the Sale and Supply of Goods to Consumers Regulations 2002.

If the seller is in breach of contract you can ask them to put this right. To do this you can:

Reject the goods and request a full refund providing you have not accepted the goods. You can accept goods by personalising them, having them for more than a reasonable time or telling the seller you are happy with the goods.

The Sale of Goods Act 1979(as amended)

The law says that goods you buy must:

be of a satisfactory quality and be safe. Satisfactory quality includes:

appearance and finish

freedom from minor defects

durability

not be damaged or defective unless the seller points out a fault before purchase and you accept it

be fit for the purpose they are made for or a particular reason you explain to the seller

match any description made by the seller, on the packaging or display sign

Buying goodsWhen you buy something in a shop, street market or online, you and the seller are making a legally binding contract covered by the Sale of Goods Act 1979 (as amended).

Your rights as a customer under this law last for a maximum of six years. This excludes problems with goods which are caused by fair wear and tear or misuse.

You have the same rights when you buy something in the sale, seconds or secondhand goods. These goods can be sold with a defect if it is obvious or pointed out to you. You may not be able to ask for a refund in this situation.

Buying sale, ‘seconds’or secondhand goods

If an item is of good quality and is described correctly, retailers are under no legal obligation to exchange it or give you a refund. They may give a set timescale in which to return goods if you decide you do not want them any more but this is simply a customer service gesture and not something they have to do.

It’s a fact...

When you buy goods from a private seller you have fewer legal rights. Goods must be as described and the seller must have the legal right to sell them i.e. be the owner. If they are not, ask for your money back straight away.

Beware of traders who pose as private sellers – this is illegal.

Buying from a private seller

It is important to always read the auctioneers terms and conditions. When you have the chance to look at goods before you bid it is likely that your rights are limited.

The only time you have all of your normal legal rights is when you do not have the opportunity to look at the goods. This can sometimes happen when you bid by telephone or on the internet.

Please be aware that some internet auctions are only notice boards for private sellers.

Buying from an auction

If the problem occurs in the first six months after buying it is assumed, unless proved otherwise, the fault was there from the start. After this the onus is on you to prove the defect was there at the time you bought it.

It’s a fact...

Please note that if the seller believes that a repair or replacement is impossible or disproportionate, in comparison to the other options, they have the right to refuse and offer one of the other solutions instead.

You have the same rights when you buy something in the sale, seconds or secondhand goods. These goods can be sold with a defect if it is obvious or pointed out to you. You may not be able to ask for a refund in this situation.

Buying sale, ‘seconds’or secondhand goods

If an item is of good quality and is described correctly, retailers are under no legal obligation to exchange it or give you a refund. They may give a set timescale in which to return goods if you decide you do not want them any more but this is simply a customer service gesture and not something they have to do.

It’s a fact...

When you buy goods from a private seller you have fewer legal rights. Goods must be as described and the seller must have the legal right to sell them i.e. be the owner. If they are not, ask for your money back straight away.

Beware of traders who pose as private sellers – this is illegal.

Buying from a private seller

It is important to always read the auctioneers terms and conditions. When you have the chance to look at goods before you bid it is likely that your rights are limited.

The only time you have all of your normal legal rights is when you do not have the opportunity to look at the goods. This can sometimes happen when you bid by telephone or on the internet.

Please be aware that some internet auctions are only notice boards for private sellers.

Buying from an auction

If the problem occurs in the first six months after buying it is assumed, unless proved otherwise, the fault was there from the start. After this the onus is on you to prove the defect was there at the time you bought it.

It’s a fact...

Please note that if the seller believes that a repair or replacement is impossible or disproportionate, in comparison to the other options, they have the right to refuse and offer one of the other solutions instead.

If the service is not at a reasonable standard and the trader is in breach of contract you have the legal right to ask for a remedy.

If the work has not been carried out with reasonable care and skill the usual solution is for the trader to repair or put the work right

If no previous agreement has been made and the trader charges more than a reasonable price or takes more than a reasonable time to finish the job you may be able to claim compensation from them

Consequential losses – in circumstances where the trader is in breach of contract you may be able to claim losses which happen as a direct result. You must take every reasonable step to ensure these losses are as little as possible. For example, water damage caused by a leaking roof

You should give the trader a reasonable opportunity to resolve the issues. However, if you lose all faith or you feel the trader is unable to put the work right to a satisfactory standard you may be entitled to obtain quotes from a third party and ask them to complete the work. You may be entitled to ask the trader to pay for this.

Generally, you need to prove the service or goods are not up to the standard expected.

When someone carries out a service for you, such as having your car repaired or going to the hairdressers, the work is covered by the Supply of Goods and Services Act 1982 (as amended).

This law sets out standards which you can expect. These include:

all work must be carried out with reasonable care and skill. This standard is determined by the standard of work carried out by the same type of tradesman,

unless otherwise stated or fixed by the contract the work must be finished within a reasonable time, and;

other than when previously agreed between you and the trader, the work must be done for a reasonable price.

If the trader also supplies goods to you as part of the service they must also conform to the terms in the Sale of Goods Act 1979 (as amended). If there is a problem with the goods supplied you have the same legal rights. However, your claim is against the trader supplying them not the shop where they were bought from. For example, a plumber supplying pipes.

Buying a service

An estimate is usually just an informed guess – a rough price.

A quotation is a fixed price.

Estimates and quotations

Its worth getting at least three quotations so you can compare prices. Always find out what you are getting for your money and ask for the quotation in writing.

Tip...