Quite often a consumer will see the phrase 'this does not affect your statutory rights' discreetly written on a receipt or notice in the shop. But what exactly are your statutory rights, and how do they relate to consumer rights and the law?
If an online order has gone wrong, our free Online Purchase Rights Checker tells you where you stand in about a minute.
When a consumer purchases goods from a trader (business), then they are entering into a contract with the trader. Under this contract, in UK law, the consumer is given a set of implied rights known as their statutory rights.
The term 'statutory' basically means relating to a statute, which in turn is defined as a law enacted by a legislature. For consumers, the most important statutory rights fall under two sets of legislation - the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977. The Sale of Goods Act was later amended by the Sale & Supply of Gods Act 1994, and then again by the Sale and Supply of Goods to Consumers Regulations 2002.
Basic Rights
The law currently states that under these pieces of legislation, a consumer has the right to goods that are deemed to be of a satisfactory quality, fit for purpose and 'as described'. Satisfactory quality implies that the goods are free from any faults or manufacturing defects, safe, resilient and long-lasting, and have a satisfactory appearance and finish.
Fit for purpose entails that the goods are fit for the specific purpose for which they were made. Examples of fit for purpose include waterproof or water resistant goods. The term 'as described' means that the goods on offer should accurately concur with the description applied to them. This includes descriptions such as the size of colour of the goods.
At this point it's worth noting that when entering into a sale with an individual the only consumer right that applies in this instance is that the item is 'as described'. You should also consider that when buying second hand goods, your basic consumer rights still apply, except the law states that it is reasonable that expectation about the durability and performance of the goods should be lowered. Consumer rights also apply to goods bought in sale (stock clearance), but if the goods are on sale because of a defect, then the consumer cannot demand a refund due to that fault at a later stage.
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In UK law, when purchasing from a shop, a consumer is not automatically entitled to a refund if they simply change their mind. Many shops will offer a refund, alternative or replacement purely as a gesture of goodwill, alongside proof of purchase. Unless stated, proof of purchase does not necessarily mean a till receipt - bank and card statements can also be used.
With shop-bought goods, a consumer cannot expect a full refund and has no grounds for complaint if they were provided with information about any faults before purchasing. It is expected that consumers should also examine their goods before making a purchase. Any faults or damage incurred by the consumer cannot be taken into consideration either.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Distance Selling
When making purchases via distance selling methods, consumers are also covered by the Consumer Protection (Distance Selling) Regulations 2000. The Distance Selling Regulations bring a European Directive into UK Law. It is always worth checking whether the supplier you are purchasing from is based within the UK or EU so that you know whether your UK consumer rights will apply. Distance Selling refers to purchases made when the consumer isn't physically present to complete the contract - for instance by mail order, digital television, email or via the Internet. These regulations ensure that consumers have access to written prior information (such as final costs, contact details of the supplier, delivery arrangements and cancellation policies) before making a final purchase.Under these regulations consumers also have what is commonly referred to as a 7 day cooling-off period. During this time consumers may examine the goods as they would in a shop, change their mind and cancel the contract. The supplier is then expected to make a full refund within 30 days of the delivery of goods or start of the provision of the service.
However, the right to cancel doesn't always apply. This includes instances where goods have been personalised or customised, are perishable (such as with fresh food and flowers), have been unsealed as in the case of CDs and DVDs, or services that have been employed for a specific time and location as with transportation or hotel bookings. In these cases it is always worth checking and keeping record of the terms and conditions of the sale.
Note the DSR has now been replaced by the Consumer Contract Regulations but most of the same principles apply.Unfair Terms
The Unfair Terms in Consumer Contracts Regulations (UTCCRs) seek to protect consumers against unfair standard terms in contracts made with traders that diminish common law and statutory rights. An unfair term is not considered legally binding, as it inflicts unreasonable burdens on the consumer. The definition of an unfair term is a term that "…contrary to the requirement of good faith…causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumers"
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Basically I was planning to move out of the family home into University Halls and so bought a TV license for halls - but then I changed my mind and never moved. Now TV licensing will not refund me because I don't have any "satisfactory evidence" i.e. a termination of lease document.
Any advice would be much appreciated.
I ordered a Taylor Superking size Bed from Furnitureiltalia through Wowcher.
The bed arrived in a timely manner, however upon checking the bed, it is clearly not the Taylor Bec advertised. I contacted through Wowcher and have had contact from the Company asking to take photographs of the bec I have received, I dualy did this, the bed has not been opened, is still in the original packaging and in a safe dry place, I then have a reply from the Company advising my photographs do not highlight the bec is any different from the one ordered!!! Si can I send more, if I open the packaging will this affect my ability to return? I am not pleased with the quality of the bed, I have also contacted the bed manufacturer and there appears to be no sign this bed has been manufactured by Taylor beds, am I entitled to have a refund as the bed is not the quality or make advertised?
Any assistance would be most helpful, Thanks
I phoned the retailer and firstly was told that I would have to contact the manufacturer as it was faulty. I said that as they are the retailer, they should replace this and I wasn't overly concerned about the power supply unit as I had another spare anyway. As he was refusing, I asked to speak to his supervisor, but she was not available then, but phoned back when I was out. She emailed me to say that I need to contact the manufacturer as it has caused damage to another component.
Should the retailer replace this and if so, should they pay for collection and delivery of a replacement? The whole house could have gone on fire if I wasn't there!
The company have said all they can do is set up installation again but we pay this AGAIN at half the price.
Is this against my statutory rights? On their website it only states they will not refund for installation services.
I took it back today. They would only refund me £309 - the console minus the game, stating that the 'console was faulty, not the game'. I said that was unfair - I now have a £45 game that I can't play! But they would not budge. So I have the game, and a bad taste in my mouth.
Is their behaviour legal? If I bought a dining room table and chairs and the table was damaged, I wouldn't be expected to pay for, and keep, the chairs, so why am I being made to keep this game!?
I purchased this online so I know I'm protected by distance selling regulations but I'm not sure what this means in practice!
Thanks
Kind regards
Dee
We purchased a new build house just over 2 years ago. The kitchen has been supplied by Symphony kitchens who give 5 year guarantee. Parts of cabinets have discoloured e.g doors and we raised issue with House builder who has said it matter for Symphony kitchens to resolve as it over 2 years.
Symphony kitchens have stated the issue is due to " unintentional neglect of the product" and that the matter is closed!!
We have followed guidance i.e. we regularly clean and wipe the units to ensure they are kept in good condition, we do not use any chemical sprays or solution on the units, we use a hot damp cloth.
Can we challange Symphony kitchens under the Statutary Rights??
I was in a shop specifically to purchase a hoover which was on offer at £34.99 regular price £39.99
There was a large poster displayed that stated 10% of now £34.99
When I went to pay she said £39.99 I pointed to the poster and she stated the offer was over and they had not taken the poster down
I purchased it as it was the one I wanted but now want to know if I could have insisted on getting it at the advertised price
Would appreciate any advice
Caroline
I ordered a sand pit from mother care online on the 29th june for a birthday on the 8th July,the delivery time frame was 5 days so no problem.
I had not received or had any e-mail regarding delivery by the 5th july so I rang and e-mailed customer service.
I rang 3 times all calls took 45 mins to answer and they could not help as they didn't have a tracking number and could only see the same as me(order pending)
I e-mailed and again no help at all,no idea when I would receive my order.
I requested them cancel my order by e-mail as It was to late for the birthday and i needed to buy another one and I was concerned that I would end up paying for two.
they replied on the 10th July to say they would cancel the order so I thanked them by e-mail.
on the 16th July my order turned up and I was duly charged,so now I have two sandpits and I have paid for two.
I have contacted mother care customer services twice since to request that the money be put back in my account as It had made me overdrawn and i would incur charges.
Mother care customer services have not replied.
Any advice
Thanks
They have confirm my oder. But after the next day they have send me email the produck of out of stock and theyre giving me my full refund. I think they have lied and made a mistake online putting that amount. And now refuse to give me the product.
What should i do?
Thanks
One pair was not what I expected from the thumb nail picture so requested a refund I now find I have to return them to Italy and have them tracked at me own expense, the invoice states they were shipped originally from Ireland, it will be expensive to ship back to Italy is there anything I can do, i thought distance selling returns were postage paid
please help
We called customer services who said we could have a exchange or a gift card but following the bad experience with the rude staff & not convinced the new ring will last i would like a refund & i'm not sure if i'm entitled to one. We have had the ring for six months but with it coming with a two year warranty we don't know our rights can you help us please.
On receipt of the coat my partner decided (immediately) it wasn't for her and wished to return it, when I requested a return the company told me that as they had bought the coat in, that their terms and conditions excluded them from having to provide a refund, they state this in their returns policy - 'If your product has been ordered in especially for you it is not eligible for a refund'. To be honest I hadn't read their terms, but when ordering 'unseen' items of clothing I'd always assumed you had the right to return them.
So, are they correct in that they don't have to provide a refund? Thanks.
When I contacted them to ask for a refund they said they would refund less a £80 charge for their direct carriage. Can they do this ? They are saying it is in their terms of sale but can they still apply this charge? Pls can someone help !. Thanks
If you think the contract was not obvious when you purchased the samples, then you should speak to someone at your local Citizen's Advice Bureau to see if they can contact the firm on your behalf to negotiate at least a partial refund - you must return the items that you've been sent, unopened first of all.
The company won't do anything I have now cancelled all but am left £150.00 out of pocket
What can I do it's a company in Holland
I'm a single parent I can't afford to lose this kind of money
Desperate
The car needs a new seat belt sensor, under the terms of the warranty they are saying it is out of warranty
The warranty states that it runs from 30th June 2015 for 9 months. I managed to get an appointment on 31 St march 2016 at the garage, for them to assess the work to be done, now the warranty company are disputing whether it's in date, under warranty for the work to carried out without cost to me, where do I stand?
I've told her to pass on the money I gave her to reduce her debt and look at other property liquidity as it's not my problem.
However what are my statutory rights? Do I have any? Am I obliged to give it back or is it not my problem?
Thanks
Secondly, I have had a customer who returned something and claimed she should get a refund and claimed "14days for online goods statutory". Is this also allowed?
Thank you for your help.
Whilst everyone knows Credit Card payments offer protection for purchases - you may also find that your debit card provider offers similar protection. Some debit card companies like Visa Electron and Maestro (and others) have something called Chargeback which you might want to investigate further - so if all else fails try your card provider.
this means the shop is trying to defreud me and i have paid 540 pound they said we have sold loads of systems so how many people have been defreuded the where do i stand thank you
"simply return the items within 28 days of collection from the store in their original condition, together with a receipt as proof of prurchase."
I have returned then but could only find the credit card slip not the other part of the reciept they gave me they now say I can only have a credit note as I dont have the till receipt. The Tile Giant store is in West Yorkshire. can I press for a refund without the other till receipt?
but has gone all lumpy,i phoned them up and they said they can not do
do anything about it even thou it is under 12mths old because they have
not had any other complants ,what can i do?
I expect under statutory rights that faulty goods should be either replaced or refunded.
I wasn't asking for a refund, just an exchange.
Nearly a month later, my grandson is still without trainers!!!???!!!
Please advise my rights.
Thanking you in anticipation.
Pat
regards
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