Faulty products - what to do when something isn't right
When you buy something that turns out to be defective the law protects you. Yet there is often confusion about what the customer is entitled to.
If a defect comes to light within six months of purchase the law assumes its the sellers fault, so its up to the seller to prove that it was perfect at the time of sale.
For faults discovered more than six months after delivery, the responsibility of proving it was defective at the time of sale shifts back to you. You have to be able to show that you did not cause the problem yourself, for example through incorrect use of the item. You may have to think about what evidence you will need to support your claim comment from an independent expert may be useful.
If the product was faulty you can opt for an exchange for an identical product (providing you think the fault won't be found in all of them); a similar product (you will have to pay the extra if it is more expensive; you will get a refund of the difference if the alternative is cheaper) or, providing you act quickly, a refund - see below.
Can you get a refund?
The law says that you can get a refund only if you discover the defect very soon after purchase and then act quickly. But it doesn't specify a precise time and cases have been lost because the buyer has not acted quickly enough. The important things is to reject the item immediately and don't continue to use it. You could also claim extra compensation for other losses, for example the cost of buying an equivalent item if it costs more elsewhere.
All too often problems don't come to light until a few months have passed. By then it's too late to get all your money back. But the law does now give you the right to insist on the retailer actually repairing or replacing the faulty item even if you can't get a refund.
There is a legal test of disproportionate cost. This means that if a repair would cost the retailer more than a replacement with an item of the same age, then the seller can opt for whichever alternative is cheaper. If these two options are impractical, the law allows the retailer to give you a partial refund - a reduction in the purchase price to take account of the use you have had of the item.
Buying on credit
You get extra protection if you buy by credit card if the goods cost between £100 and £30,000. If there is a breach of contract or if the product does not match what you were told about it, the credit company as well as the seller is liable. Go to the seller first, and contact the credit company if this fails.
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