Know Your Rights – when buying tech and gadgets
Having problems with your latest purchase, we clarify your consumer rights
FREQUENTLY ASKED QUESTIONS
Rather than reprinting the Sale of Goods Act in its entirety, we’ve put together a comprehensive selection of answers to common problems you may experience when buying kit, or when kit develops a fault.
Q. If I see a better deal, before I have opened the packaging, can I return the kit and get my money back? A. Not if you have bought it from a shop. By agreeing to buy and paying the retailer you have entered into a binding contract. However, some shops have a returns policy whereby you can have a refund for unopened and unused goods. The only other exception is if you bought online or by telephone: you have a cooling-off period (currently seven working days) during which you can return the goods without question.
Q. If I buy the product on eBay from a private seller and it doesn’t match the description, what can I do? A. Private deals such as this aren’t protected by the Sale of Goods Act, but the seller isn’t allowed to mislead you. If you have been misled you can raise a dispute via eBay. Claiming compensation might be difficult without legal help (see the Small Claims Court box on page xxx), but if you paid via PayPal, it can be possible to arrange a chargeback (a full refund). Essentially, if you’re prepared to pay a lot of cash to a private individual, whether by auction or not, you should inspect the goods before paying.
Q. What are my rights if I buy from a retailer on eBay? A. If the item is available as a ‘Buy It Now’ deal, you’re protected by the Distance Selling Regulations. If it’s an auction item, things aren’t so clear. The Distance Selling Regulations do not apply to auctions, but other rules, like Sale of Goods regulations, do. Before you bid, check the seller’s returns and replacement policy.
Q. What protection do I have when buying online in general? A. The Distance Selling Regulations apply within the EU but, if the retailer is outside the UK, there may be different laws to support them. If the retailer is outside the EU, your rights may be very limited, so be careful when you’re tempted by cheap deals from Hong Kong and ChinA.
Q. My printer has developed a fault. It was a gift from my dad for my birthday, but he lives 100 miles away. There is a local branch of the shop near to me, can I take it back there? A. You can try and, if you have the receipt, the shop may be prepared to co-operate but they don’t have to. It is the buyer, your father, who has rights under Sale of Goods Act. You might have to ask him to return it. If you filled in the warranty registration in your name, you can use this avenue if the warranty hasn’t expired.
Q What does “satisfactory quality” mean? A Would a reasonable person, taking into account the description and price, accept the goods? The product has to match the description, be undamaged, fulfil its intended function for a reasonable time and be safe.
Q. What does “fit for purpose” mean? If I tell the seller what I want the kit for and it doesn’t perform, what should I do? A. To be fit for purpose the kit has to do what the retailer said it would do and, if you specified a particular use, it must do that also. For example, if you asked the seller for a piece of equipment that would link effectively to your existing kit then it must do so to be deemed fit for purpose.
