Under the Consumer Rights Act 2015, goods you buy from a trader must be of satisfactory quality, reasonably fit for any particular purpose you made known to the trader, and as described. If they are not, you can reject them within 30 days, or ask for a repair or replacement, a price reduction or the final right to reject. This guide explains each right and how to claim.
Key points
✓The time limit for the short-term right to reject is the end of 30 days beginning with the first day after you own the goods, they have been delivered and any installation the trader must do has been notified as done.
✓GOV.UK says a trader can ask for proof of purchase, which could be a sales receipt or other evidence such as a bank statement or packaging.
✓The trader must give a refund without undue delay and within 14 days of agreeing you are entitled to it, using the same means of payment unless you agree otherwise, and without charging a fee.
✓Goods must be of satisfactory quality, reasonably fit for a purpose you made known to the trader, and as described.
✓GOV.UK says customers have up to 6 years to make a claim for an item they bought from a trader (5 years in Scotland), and exactly the same rights in a sale as at full price.
When do your rights apply?
The Consumer Rights Act 2015 rules on goods apply to a contract for a trader to supply goods to a consumer, whether you buy remotely or in person.
✓Yes: You are an individual acting for purposes wholly or mainly outside your trade, business, craft or profession
✓Yes: The other party is a trader, acting for purposes relating to its trade, business, craft or profession
✓Yes: The goods are not of satisfactory quality, which includes fitness for all the purposes for which goods of that kind are usually supplied, appearance and finish, freedom from minor defects, safety and durability
✓Yes: The goods are not reasonably fit for a particular purpose you made known to the trader before the contract was made
✓Yes: The goods do not match the description, or the sample or model you saw or examined before the contract was made
A trader claiming that you were not acting for purposes wholly or mainly outside your trade, business, craft or profession must prove it. Satisfactory quality does not cover anything specifically drawn to your attention before the contract is made, or something your examination of the goods before the contract ought to have revealed.
Buying from a private individual: If you bought from a private individual who is not a trader, the Consumer Rights Act rules on goods do not apply. Section 13 of the Sale of Goods Act 1979 still says that where goods are sold by description there is an implied term that they will correspond with the description.
The 30-day right to reject
If goods do not conform to the contract because of a breach of the terms about quality, fitness for purpose, description, sample or model, you have the short-term right to reject them. Each right to reject entitles you to reject the goods and treat the contract as at an end.
✓Yes: You exercise the right by indicating to the trader that you are rejecting the goods and treating the contract as at an end, which can be something you say or do but must be clear enough for the trader to understand
✓Yes: The trader must give you back the same amount of money you paid
✓Yes: The refund must be given without undue delay, and in any event within 14 days beginning with the day the trader agrees you are entitled to it
✓Yes: The trader must use the same means of payment you used, unless you expressly agree otherwise, and must not impose any fee for the refund
✓Yes: The trader must bear any reasonable costs of returning the goods, other than costs of you returning them in person to the place where you took physical possession of them
✓Yes: GOV.UK says a trader can ask for proof of purchase, which could be a sales receipt or other evidence such as a bank statement or packaging
The time limit for the short-term right to reject is the end of 30 days beginning with the first day after your ownership of the goods has transferred, the goods have been delivered and, where the contract requires the trader to install the goods, the trader has notified you that the action has been taken. If goods can reasonably be expected to perish after a shorter period, the time limit is the end of that shorter period.
You lose the short-term right to reject if the time limit passes without you exercising it, unless you and the trader agree that it may be exercised later. If you request or agree to the repair or replacement of goods, the 30 days stop running for the waiting period. The 30 days are counted from when you receive the goods and the other steps are done, not from when the fault appears, so if you only notice a fault after the time limit has passed, you may have lost the short-term right to reject.
After 30 days, repair, replacement, or partial refund
If goods do not conform to the contract you have the right to repair or replacement, and then the right to a price reduction or the final right to reject.
✓Yes: You can require the trader to repair or replace the goods, and the trader must do so within a reasonable time and without significant inconvenience to you, and bear any necessary costs, including labour, materials and postage
✓Yes: If you require or agree to a repair or replacement, you must give the trader a reasonable time to do it before you require the other remedy or exercise the short-term right to reject, unless that would cause you significant inconvenience
✓Yes: You can choose a price reduction or the final right to reject, but only one of them, after one repair or one replacement has left the goods not conforming, if you can require neither repair nor replacement, or if the trader has not repaired or replaced within a reasonable time and without significant inconvenience
✓Yes: A price reduction may, where appropriate, be the full amount of the price
✓Yes: If you exercise the final right to reject, the refund may be reduced by a deduction for use, but no deduction may be made if you exercise it in the first 6 months, unless the goods are a motor vehicle or are of a description specified by order
✓Yes: Goods which do not conform to the contract at any time within 6 months beginning with the day they were delivered must be taken not to have conformed on that day, for the right to repair or replacement and the right to a price reduction or final right to reject
You cannot require repair or replacement if that remedy is impossible or is disproportionate compared to the other remedy. The 6-month presumption does not apply if it is established that the goods did conform on that day, or if applying it is incompatible with the nature of the goods or with how they fail to conform. GOV.UK says that if you ask for a repair or replacement after 6 months, the trader can ask you to prove the item was faulty when you bought it.
Your rights last up to 6 years
GOV.UK says customers have up to 6 years to make a claim for an item they bought from a trader (5 years in Scotland). An action founded on simple contract cannot be brought after six years from the date the cause of action accrued in England, Wales and Northern Ireland, and in Scotland an obligation can be extinguished if no relevant claim is made within five years.
The quality of goods includes their durability, so goods that should reasonably last longer can still be faulty after 6 months, though you may be asked to prove the item was faulty when you bought it. GOV.UK says a customer has the same right to free repairs or a replacement whether or not they have a warranty or guarantee, so you may still have to repair or replace an item after a warranty or guarantee has run out.
How to claim
1
Tell the trader which right you are using
To reject goods, indicate clearly to the trader that you are rejecting them and treating the contract as at an end. To ask for a repair or replacement, require the trader to repair or replace the goods.
2
Give them a reasonable time
If you require or agree to a repair or replacement, give the trader a reasonable time to do it before you require the other remedy. What is a reasonable time depends on the nature of the goods and the purpose for which they were acquired.
3
Ask your card provider
If you paid by credit card and the cash price of the goods was more than £100 but not more than £30,000, Section 75 of the Consumer Credit Act 1974 gives you a like claim against the card provider for the supplier's breach of contract, and the card provider is jointly and severally liable with the supplier. Section 75 does not apply if you paid with a debit card or a charge card, although your card provider may still be able to help through the chargeback process. You usually have around 120 days to raise a chargeback about goods, though time limits might be longer or shorter.
4
Alternative dispute resolution (ADR)
The Practice Direction on pre-action conduct says litigation should be a last resort, and that a refusal to participate in ADR might be considered unreasonable by the court and could lead to the court ordering that party to pay additional court costs. An approved ADR scheme must notify the parties of the outcome within 90 days from receiving the complete complaint file, unless the dispute is highly complex.
5
Small claims court
In England and Wales, the small claims track is the normal track for a claim worth not more than £10,000. In Scotland, simple procedure is for cases worth less than £5,000 that are not complicated.
What are my rights if something I bought is faulty?
Under the Consumer Rights Act 2015, goods you buy from a trader must be of satisfactory quality, reasonably fit for any particular purpose you made known to the trader, and as described. If they are not, you can reject them within 30 days, or ask for a repair or replacement, a price reduction or the final right to reject. Your rights are against the trader you bought from, because the Act's rules on goods apply to a contract for a trader to supply goods to a consumer.
What is the 30-day right to reject?
The time limit for the short-term right to reject is the end of 30 days beginning with the first day after you own the goods, they have been delivered and any installation the trader must do has been notified as done. The trader must give a refund without undue delay and within 14 days of agreeing you are entitled to it, using the same means of payment unless you agree otherwise, and without charging a fee.
Can a retailer refuse a refund for a faulty item?
GOV.UK tells traders they must offer a full refund if an item is faulty, not as described or does not do what it is supposed to. GOV.UK also says it is illegal to restrict or take away customers' rights or to mislead them about their rights, for example by displaying a sign that says you do not accept returns or offer refunds. GOV.UK says a trader can ask for proof of purchase, which could be a sales receipt or other evidence such as a bank statement or packaging.
What is the 6-year rule for faulty goods?
GOV.UK says customers have up to 6 years to make a claim for an item they bought from a trader (5 years in Scotland). An action founded on simple contract cannot be brought after six years from the date the cause of action accrued in England, Wales and Northern Ireland, and in Scotland an obligation can be extinguished if no relevant claim is made within five years. GOV.UK says that if you ask for a repair or replacement after 6 months, the trader can ask you to prove the item was faulty when you bought it.
Do I have rights if the shop goes into administration?
If you paid by credit card and the cash price was more than £100 but not more than £30,000, Section 75 of the Consumer Credit Act 1974 gives you a like claim against the card provider for the supplier's misrepresentation or breach of contract. If you paid by debit card, Section 75 doesn't apply, although your card provider may still be able to help through the chargeback process.