MONEY COMMENT
Improved Rights For Sale Of Goods

By Jane Mack (TMFJane)
March 28, 2003

Remember when, as a child, you ripped open a fantastic Christmas present only to find that someone had forgotten to buy the batteries to make it work. In those days the shops weren't open until the day after Boxing Day so there was an interminable wait until you could try out your new toy.

Buying toys that are a little more sophisticated such as a DVD player or a widescreen television can bring just as much disappointment if you get it home only to find that it doesn't work.

Consumers already have plenty of rights under the current Sale of Goods Act but these are about to be improved. On Monday changes dealing with consumer guarantees and remedies for faulty goods come into force. They will reverse the burden of proof in favour of the consumer so that the onus will be on the retailer to prove that goods aren't faulty if they are returned in first 6 months after purchase.

The regulations, implemented under a European Directive, also state that the consumer is responsible for his goods only after he has received them. A seller will not, therefore, be able to blame a delivery company if the goods don't arrive or are faulty when they do.

If they are faulty on delivery the consumer will have the right to make the seller repair or replace the goods and it must be done within a reasonable time and without causing significant inconvenience to the buyer. If it's impossible to repair or replace the goods then the buyer can cancel the contract.

Guarantees offered by a seller will be contractually binding and must be written in plain intelligible language setting out the information necessary for making a claim.

As it happens consumers in the UK are already fairly well protected by current legislation but the changes will nevertheless improve matters. These rights will be available across the EU – which is useful to know if you ever buy a digital camera whilst on holiday in Spain.

More: DTI Factsheet on changes