Everyone’s been the victim of a defective product at least once or twice in their lives. Here are the best steps to take when that happens again in the future to get just compensation.
Return The Faulty Goods
If you purchased goods prior to September 30, 2015, then the Sale of Goods Act applies. If you purchased after this date, the Consumer Rights Act applies. Under the Consumer Rights Act, you receive an early right to reject goods provision which you can use to return goods if they are of unsatisfactory quality, unfit for the intended purpose, or not as described.
If you use this right, you receive a full refund. You have a full 30 days to use this right. This right does not apply to digital content.
Anything you purchase after October 1, 2015 is subject to the same 30-day right to reject, but you must give the retailer one opportunity to repair or replace the goods or digital content. The retailer can reject this offer and instead opt to give you a refund.
If You’re Damaged, Consult With an Attorney
If you suffer any physical damage as a result of the product, and you were using it as intended, you may have a case against the manufacturer, or the retailer. Personal harm from a defective product may be a case of negligence, but you must talk to an attorney first to get a clearer picture of your legal rights and how they apply.
A manufacturer, for example, might intentionally sell a defective product because they believe it’s too expensive to retool machines to correct the problem. This would be an example of potentially negligent behaviour that a court would decide on.
If there is a manufacturing defect, and it cannot be proved that the manufacturer was negligent, then you won’t have a case against the maker or seller of the product, unless you can show that the retailer knew about the defect and sold it to you anyway without your knowledge and consent.
What If The Retailer Refuses To Help?
If you’re having problems with the shop, they won’t refund your money, and they won’t fix or repair the product, then it should be reported to your local Trading Standards department. They are in breach of your statutory rights.
It’s also good to let the shop know that you’re going to file a complaint because it could be enough to motivate the shop to do something about the problem. If the retailer fobs you off, or he or she blames the manufacturer for the problem, you may have to take your complaint straight to the Consumer Ombudsman.
You should also consider using your warranty or manufacturer’s guarantee. These contracts entitle you to specific action under certain circumstances. So, for example, if a product is faulty, you can take it up with the manufacturer and get the company to repair or replace the faulty item at no charge.
Sometimes, retailers will contact the manufacturer on your behalf, but they are not required to do so.
Even if your guarantee is expired, you still have rights under the Consumer Rights Act or Sale of Goods Act. Your rights can’t be replaced by an expired guarantee, and sellers can’t ignore the law.
Evie Randall works as a consumer and health advocate. She enjoys sharing her experiences on the web. Her articles frequently appear on consumer and health related blogs.
I’ve had few issues with defective products but it’s good to know the current law. I also feel fortunate I’ve not had any physical damage to me! It makes me so angry to see where manufacturers knew their product was faulty and still put it out on the market, risking people’s safety.
Just taking the time to know ones rights and the appropriate process is a good first step so this is very helpful information. I always try to be polite and respectful when asserting that something is wrong with a product but let the retailer know that I expect a resolution. Most times this does work but it is good to know their our options.
It is so irritating to buy something & have it not work, isn’t it? And trying to get a manufacturer to replace it or give you a refund can be a nightmare (especially if it was expensive.) Sometimes I think they make it difficult in hopes you will just say “not worth the fight.’
Interesting post. However, the link “personal harm from a defective product” leads to a UK website, so I got curious and looked up the Sale of Goods Act and the Consumer Rights Act, both of which are UK laws. I couldn’t find anything on Evie Randall. Still, the general advice is good, like seeking help from an attorney.
Great information! I’m bookmarking this page as a reference and sending it along to some friends. So far I’ve had very good luck with products… where I’ve had more problems is with services (maybe you could do a similar post on consumer rights on that topic?).
I actually had a manufacturer repair my laptop a couple months AFTER the warranty ran out for free – shipping box, and free shipping both ways. Impressed the heck out of me, and it’s very smart business to do the right thing…I absolutely would buy that brand again and again just because of their service and integrity. I always check out complaints online before I buy something big and if they have a lot I move on, and I’m sure I’m not alone… so if they don’t treat people right it ends up coming back on them.
Great to know my rights if I buy badly though, so a big thanks.
I have gotten defective products before. I always make sure when returning that there iss delivery confirmation. There is nothing worse than no product and no money back .
I always also report it to the credit card company especially if it is an online purchase. I also have used social media.
Thanks for the great information. I learned a lot by reading your post. I soooo hate having to return items I find it physically painful. My luck is the item usually breaks one day after the warranty is up!
I have had several instances of defective products not being made right, in terms of exchange or refund. My local governmental agencies were of no help due to “high volume”. When I am done being nice, writing politle letters, speaking sweetly – I turn to the internet. I blast the retailer or manufactuer (whoever did me wrong) on every website I can find, including their own Facebook page. And when they block me, I get a friend to do it. You’d be surprised how well this works. Mind you, this is only after I have exhausted more ladylike options.
It is good to know the actual laws that can affect me and the return of defective goods. Right now I have been lucky enough to not run into any problems in returning defective products.