03/04/2019
In the United Kingdom, consumers have a robust set of rights when the goods they have purchased develop a fault and require repair. These rights are primarily enshrined in the Consumer Rights Act 2015, which governs the sale of goods and services. Understanding these entitlements is crucial for ensuring you get a satisfactory resolution, whether it's a minor appliance glitch or a more significant product failure. This article will delve into what you can expect when your goods need mending, the obligations of the seller, and the steps you can take if a repair is not carried out to your satisfaction.
Your Entitlements Under UK Consumer Law
When you buy goods, they are legally required to be of satisfactory quality, fit for purpose, and as described. If a fault appears within the first 30 days of purchase, you have the immediate right to reject the goods and claim a full refund. However, after this initial 30-day period, your primary right shifts towards a repair or replacement. The law presumes that if a fault appears within six months of purchase, it was present at the time of delivery, shifting the burden of proof to the retailer to demonstrate otherwise.
The Right to Repair
The Consumer Rights Act 2015 grants consumers the right to request a repair for faulty goods. This right applies if the goods are not of satisfactory quality, fit for purpose, or as described. The seller is usually the first point of contact for any issues. They have a legal obligation to provide a repair or replacement for goods that are faulty within a reasonable period and without significant inconvenience to you. This means they cannot charge you for the repair itself, nor for the parts, labour, or postage involved in returning the faulty item.
What Constitutes a 'Reasonable Period'?
The concept of a 'reasonable period' is not defined by a specific number of days but rather depends on the nature of the goods and the type of fault. For example, a simple repair for a minor electronic device might be expected within a few days or a week, whereas a more complex repair for a larger appliance could reasonably take longer. The key consideration is that the repair should be completed without undue delay.
When is a Repair Not Satisfactory?
If the repair is not carried out within a reasonable time, or if the repair itself is faulty, you gain further rights. In such circumstances, you are entitled to:
- A price reduction: You can keep the goods but receive a partial refund.
- The right to reject: You can reject the goods and claim a full refund, provided the fault is significant and the repair or replacement has not been successful.
It's important to note that the right to reject the goods after a failed repair is not absolute. If the fault is minor and the repair has been attempted, you may not be able to demand a full refund immediately. However, if the repair has failed to rectify the problem or has introduced new issues, your right to reject becomes stronger.
The Role of the Retailer vs. the Manufacturer
Your primary contractual relationship is with the retailer from whom you purchased the goods. Therefore, it is the retailer's responsibility to resolve the issue, not the manufacturer's, unless the retailer specifically directs you to the manufacturer for repairs under a warranty. While a manufacturer's warranty can offer additional benefits, it does not replace your statutory rights against the retailer.
Warranty vs. Statutory Rights
It's essential to distinguish between a manufacturer's warranty and your statutory rights. A warranty is a voluntary promise made by the manufacturer or retailer, often extending beyond the legal minimum requirements. Statutory rights, on the other hand, are legal entitlements that cannot be waived by the seller. Even if your warranty has expired, you may still have rights under consumer law if the goods were not of satisfactory quality at the time of purchase.
| Scenario | Your Primary Right (within 6 months) | Your Right (after 6 months) |
|---|---|---|
| Fault appears | Repair or Replacement | Repair or Replacement (burden of proof on consumer to show fault existed at time of sale) |
| First repair fails or takes too long | Price Reduction or Final Right to Reject (full refund) | Price Reduction or Final Right to Reject (full refund) |
| Goods not as described or unfit for purpose | Right to Reject (full refund) | Right to Reject (full refund) |
What if the Retailer Refuses to Repair?
If the retailer is unwilling to repair the goods, or if they are delaying unreasonably, you have several options:
- Escalate within the company: Speak to a manager or supervisor to explain your situation and rights.
- Send a formal letter: Write a formal letter or email to the retailer outlining the fault, your rights, and what you expect them to do (e.g., arrange a repair within a specific timeframe). Keep a copy for your records.
- Alternative Dispute Resolution (ADR): Many sectors have ADR schemes that can help resolve disputes without going to court.
- Small Claims Court: If all else fails, you can consider taking legal action through the Small Claims Court. You may need to seek legal advice for this.
Common Questions About Repairs
Q1: Do I have to pay for the repair?
No, under your statutory rights, you are entitled to a free repair or replacement. The seller should not charge you for parts, labour, or postage.
Q2: How long should I wait for a repair?
The repair should be completed within a reasonable period, without significant inconvenience. What is considered reasonable depends on the item and the complexity of the fault.
Q3: What if the repair doesn't fix the problem?
If the repair is unsuccessful, or if the fault reappears, you have the right to request a price reduction or reject the goods for a full refund, especially if the fault is significant.
Q4: Can I get a refund instead of a repair?
Within the first 30 days, you have the right to reject the goods for a full refund. After 30 days, your primary right is to a repair or replacement. You can only demand a refund after 30 days if a repair or replacement is impossible, has failed, or has not been carried out within a reasonable time.
Q5: What if the retailer points me to the manufacturer?
Your contract is with the retailer. While they may direct you to the manufacturer for warranty claims, they remain responsible for ensuring your goods meet the required standards. You can insist that the retailer fulfils their legal obligations.
Conclusion
Consumers in the UK are well-protected when goods require repair. The Consumer Rights Act 2015 provides a clear framework for seeking redress. Remember to always keep your proof of purchase, such as receipts or invoices. Communicate clearly and formally with the retailer, stating your rights and what resolution you expect. By understanding your entitlements, you can navigate the repair process effectively and ensure you receive a satisfactory outcome for your faulty goods. Patience and clear communication are key when dealing with repair issues.
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