Buying goods in shops

Shopping is an activity that has become central to our daily lives.  Every time we purchase goods, whether it be a loaf of bread or a brand new sports car, we are entering into a legally binding contract with the seller.   Perhaps surprisingly, for an activity we do so often and so automatically, most people know very little about  their legal rights if something goes wrong.  This fact sheet seeks to explain what rights we have against the seller if goods we buy are faulty.

The law

The Sale of Goods Act 1979 (as amended) states that consumers are entitled to expect goods purchased from a trader to be:

  • Of satisfactory quality
  • Fit for their purpose
  • As described

If you purchases an item that does not meet these standards you will be entitled to seek redress.  Providing you inform the seller quickly you will usually be entitled to a full refund or a replacement.  The table linked below can be used to help decide what remedy a person may be entitled to if these basic rights are not met.

Sale of Goods table showing remedies

You are not entitled to redress if:

You do not like the goods or have changed your mind

  • The damage is due to misuse or fair wear and tear
  • You were told about the fault(s) before making the purchase
  • You could have easily seen the fault before purchasing the goods

How should I go about seeking redress?

If you notice that a good does not meet one of the three basic legal requirements you should inform the seller as soon as possible and make them aware of the remedy you are seeking.

  • If you do not get a satisfactory response from the seller you should write a letter to the manager or director of the company by recorded delivery and in the letter give a reasonable amount of time (14 days) for a response.
  • You should make it clear in the letter that you know what your legal rights are.
  • You should keep a copy of the letter you send and state that if the matter is not resolved you will be contacting your local Trading Standards department.
  • If after this the matter remains unresolved you should contact Consumer Direct for advice on 08454 040506. Alternatively you can write to Trading Standards.

If I've lost my receipt can I still seek some redress?

There is no legal requirement for you to have a receipt to seek redress where an item is faulty.  However, a seller can request proof of purchase so you may need to be prepared to produce a credit card bill or bank statement.  Note that any proof should demonstrate not only that you purchased the item from the seller but when you purchased it.

NB If using bank statements or other sensitive documents ensure you obliterate any personal information such as your account number.

What happens if the shop tries to sell something at a higher price than is displayed?

A retailer who charges a higher price than is displayed is breaking the law and you should report this to Consumer Direct on 08454 040506.  They will in turn notify the appropriate Trading Standards department.  However, you cannot force a seller to sell you an item at the price displayed, even if it is correct.  Legally a shop does not have to sell you any goods that you might wish to buy. A contract is only formed when you offer to buy an item and your offer is accepted.