While there never seems to be a day go-by without some poor unfortunate forum member falling out with their ebike supplier or manufacturer, I think it’s fair to say that there are also a lot of very happy ebike owners out there – I’m one of them.
However, it can be vary frustrating to find one’s self involved in lengthy arguments over what’s right and wrong, especially when it’s open to the general public, as is the case of the forum.
The law regarding selling in the UK can be very complex. So, I thought it was about time someone put a thread up about the legal responsibilities regards the sale of goods. While I don’t claim to be a lawyer, I am confident that the information (given below) is fairly accurate (took me about 4 hours to compile from internet sources). If anyone finds I am legally wrong do let me know. Should that be the case then I will willingly alter it accordingly. Should anyone decide to base a claim on this information, I would recommend they get a second opinion – just in case.
I thought it might prove useful to those looking for help and guidance for their complaints against whomever.
Good luck.
SALE OF GOODS
The first principle is that when ones buys goods, there’s a contract of sale with the seller. This stands true for anything you buy.
Sale and Supply of Goods Act 1994 (c. 35)
QUALITY OF THE GOODS
The seller is responsible for the quality of the goods. The goods must be of ‘satisfactory quality’ they must also be fit for their normal purpose.
The condition of ‘satisfactory quality’ is meet if a reasonable person would regard the goods as satisfactory, accounting for appearance, finish, safety, price, durability and absence of minor defects, as well as fitness for the usual purpose for which the goods are being bought.
A seller cannot get out of their legal obligations by putting an exemption clause in their contract nor by displaying ‘No refunds or returns’ if the goods are of unsatisfactory quality.
If you tell the seller you are buying goods for a specific purpose, then they must be fit for that purpose.
GOODS MUST MEET DISCRIPTION
The seller is obliged to ensure the goods must be as described. If not the buyer can take it back for a refund they can also complain to the local trading officer of their local authority for breach of trading standards.
Trading Standards Central - Trading Standards and Consumer Protection information for the UK
SELLER MUST DELIVER ON TIME
If you are not taking the goods with you at the point of sell, because you want them delivered later, the seller is under a duty to deliver them within a reasonable time. If not the contract of sell will have been breached.
SELLER MUST DISPLAY THE PRICE
Sellers must ensure the products price is clearly visible.
The Price Marking Order 2004
OBLIGATIONS OF THE BUYER
The buyer is obliged to pay the agreed price and take the goods away. If the buyer agrees to buy then they have entered a legal contract with the seller and the seller could keep any deposit paid and claim the balance of the price as well.
PRICE CHANGES AFTER AGREEING TO BUY
Unless the buyer is clearly told at the time of agreeing that the price could variey the buyer can insist the seller bears the excess or the buyer can cancel the contract. The buyer could also claim compensation for the inconvenience.
ADVANCE PAYMENT – CREDIT CARD
If the buyer has paid in advance but the goods are not received the buyer will be protected from loss by their credit card company. In such cases the buyer would be able to claim a refund from the credit card company. This only applies up to a maximum of £30,000. Does not apply to Debit Cards. Should the seller go bust then the buyer may only have a claim in liquidation.
BUYERS REMEDIES
If when complaining to a seller about faulty goods the buyer is told to write to the manufacturer the buyer is being given incorrect guidance. The buyers contract is with the seller, so the seller is responsible.
GETTING A REFUND
If the goods are totally unusable or unsatisfactory from the start the buyer is entitled to a full refund. The buyer should not let the seller shelter behind the manufacturer. The buyers contract is with the seller. The buyer is entitled to pursue any claim against the seller. The buyer is not obliged to accept a credit note nor are they obliged to accept a replacement or repair.
REJECTING GOODS
In some cases the buyer may be said to have ‘accepted’ faulty goods and could then lose the right to a full refund. However, the buyer will still be allowed some time to examine the goods.
Prior to 1995 if a seller repaired faulty goods the buyer could not reject them. This has now changed so if the goods are unsatisfactory (even after repair) the buyer can claim their money back in full.
Note: If you do reject goods then you should tell the seller immediately (confirm in writing). You should not use the goods. It is the seller’s responsibility to repossess the goods.
MANUFACTURERS GUARANTEE
A manufacturers guarantee will give the buyer additional rights against the manufacturer. However, it may become expensive if goods have to be posted back.
MAIL ORDER
Those who purchase by mail order have the same rights as any buyer when buying goods. However, it may be harder to enforce their rights. When buying via mail order the buyer should keep all correspondences, the products ad, receipts, etc. Beware of dealing with complaints via telephone, versions of telephone calls can be disputed. Complaints should ideally be dealt with via written correspondence.
The Mail Order Traders Association deals with complaints about catalogues.
MOTA - the Mail Order Traders' Association of Great Britain
The National Newspaper Mail Order Protection Scheme deals with complaints about newspaper advertisements.
SHOPS Homepage
SHOPPING ON THE INTERNET
Most on-line trading is done using credit cards. Before dealing on-line it’s best to follow the guidance and advice from the Office of Fair Trading web site. It is vital that you have the name and address of the seller and that there is a proper encryption facility to protect your credit card details. If you are making purchases overseas using credit cards then some credit card companies may claim not to be liable – buyer may have to resort to court rulings to settle claims.
October 2000 saw the introduction of the Distance Selling Regulations giving new protection to buyers. These regulations require the seller to disclose full information where payment is made in advance – they must disclose their name, address, delivery times and delivery charges. Failure to do so voids the contract with the buyer. The buyer has a 7 day cooling off period giving the buyer the opertunity to withdraw from the purchasing contract without penalty. If the goods ordered do not arrive within 30 days the seller must refund any money paid.
The Office of Fair Trading: making markets work well for consumers
WARRANTY’S
Warranties are similar to guarantees, in that they provide a legally binding assurance that any problems caused by manufacturing defects during a set period will be remedied.
Warranties are in addition to the seller’s responsibilities under the Sale of Goods Act.
A seller cannot, for instance, refuse to deal with a customer's complaint about a faulty product simply on the grounds that the warranty on the product has expired.
In law, a supplier is still liable for any breach of contract for a period of up to six years (five years from the date the problem arises, in Scotland). For more information see the Sale of Goods Act.
THE RIGHTS OF CUSTOMERS: GOODS
If sellers sell goods that don't conform to contract they are legally obliged to resolve the problem if the buyer seeks redress.
The Sale of Goods Act states that if customers want to reject faulty goods, they have to do so within a "reasonable time". A legal definition of "reasonable" is not given though.
If a buyer rejects faulty goods within this "reasonable" period, they're entitled to ask for their money back. All buyers can claim compensation at any time if they choose. If sellers sell to consumers - not other traders - they can ask for a repair or a replacement immediately (instead of asking for a refund) at any time until six years after purchase.
If sellers are dealing with a consumer, any repair or replacement arranged must not cause them inconvenience. The seller may have to pay for other costs such as transportation. However, if a replacement is impossible and the goods cannot be repaired economically, then the seller can offer a full or partial refund.
In law the sellers has a responsibility to their customer for up to six years from the date of purchase (in Scotland, five years from discovery of the problem). During this period, they are legally obliged to deal with any claim of breach of contract.
CONSUMER PROTECTION
The Consumer Protection from Unfair Trading Regulations 2008 No. 1277
DISTANCE SELLING
Statutory Instrument 2000 No. 2334
OFFICE OF FAIR TRADING
Business distance selling advice
The Office of Fair Trading: Selling online or at a distance
BUSINESS LINK GOV UK
Practical advice for business
Business support, information and advice | Business Link
However, it can be vary frustrating to find one’s self involved in lengthy arguments over what’s right and wrong, especially when it’s open to the general public, as is the case of the forum.
The law regarding selling in the UK can be very complex. So, I thought it was about time someone put a thread up about the legal responsibilities regards the sale of goods. While I don’t claim to be a lawyer, I am confident that the information (given below) is fairly accurate (took me about 4 hours to compile from internet sources). If anyone finds I am legally wrong do let me know. Should that be the case then I will willingly alter it accordingly. Should anyone decide to base a claim on this information, I would recommend they get a second opinion – just in case.
I thought it might prove useful to those looking for help and guidance for their complaints against whomever.
Good luck.
SALE OF GOODS
The first principle is that when ones buys goods, there’s a contract of sale with the seller. This stands true for anything you buy.
Sale and Supply of Goods Act 1994 (c. 35)
QUALITY OF THE GOODS
The seller is responsible for the quality of the goods. The goods must be of ‘satisfactory quality’ they must also be fit for their normal purpose.
The condition of ‘satisfactory quality’ is meet if a reasonable person would regard the goods as satisfactory, accounting for appearance, finish, safety, price, durability and absence of minor defects, as well as fitness for the usual purpose for which the goods are being bought.
A seller cannot get out of their legal obligations by putting an exemption clause in their contract nor by displaying ‘No refunds or returns’ if the goods are of unsatisfactory quality.
If you tell the seller you are buying goods for a specific purpose, then they must be fit for that purpose.
GOODS MUST MEET DISCRIPTION
The seller is obliged to ensure the goods must be as described. If not the buyer can take it back for a refund they can also complain to the local trading officer of their local authority for breach of trading standards.
Trading Standards Central - Trading Standards and Consumer Protection information for the UK
SELLER MUST DELIVER ON TIME
If you are not taking the goods with you at the point of sell, because you want them delivered later, the seller is under a duty to deliver them within a reasonable time. If not the contract of sell will have been breached.
SELLER MUST DISPLAY THE PRICE
Sellers must ensure the products price is clearly visible.
The Price Marking Order 2004
OBLIGATIONS OF THE BUYER
The buyer is obliged to pay the agreed price and take the goods away. If the buyer agrees to buy then they have entered a legal contract with the seller and the seller could keep any deposit paid and claim the balance of the price as well.
PRICE CHANGES AFTER AGREEING TO BUY
Unless the buyer is clearly told at the time of agreeing that the price could variey the buyer can insist the seller bears the excess or the buyer can cancel the contract. The buyer could also claim compensation for the inconvenience.
ADVANCE PAYMENT – CREDIT CARD
If the buyer has paid in advance but the goods are not received the buyer will be protected from loss by their credit card company. In such cases the buyer would be able to claim a refund from the credit card company. This only applies up to a maximum of £30,000. Does not apply to Debit Cards. Should the seller go bust then the buyer may only have a claim in liquidation.
BUYERS REMEDIES
If when complaining to a seller about faulty goods the buyer is told to write to the manufacturer the buyer is being given incorrect guidance. The buyers contract is with the seller, so the seller is responsible.
GETTING A REFUND
If the goods are totally unusable or unsatisfactory from the start the buyer is entitled to a full refund. The buyer should not let the seller shelter behind the manufacturer. The buyers contract is with the seller. The buyer is entitled to pursue any claim against the seller. The buyer is not obliged to accept a credit note nor are they obliged to accept a replacement or repair.
REJECTING GOODS
In some cases the buyer may be said to have ‘accepted’ faulty goods and could then lose the right to a full refund. However, the buyer will still be allowed some time to examine the goods.
Prior to 1995 if a seller repaired faulty goods the buyer could not reject them. This has now changed so if the goods are unsatisfactory (even after repair) the buyer can claim their money back in full.
Note: If you do reject goods then you should tell the seller immediately (confirm in writing). You should not use the goods. It is the seller’s responsibility to repossess the goods.
MANUFACTURERS GUARANTEE
A manufacturers guarantee will give the buyer additional rights against the manufacturer. However, it may become expensive if goods have to be posted back.
MAIL ORDER
Those who purchase by mail order have the same rights as any buyer when buying goods. However, it may be harder to enforce their rights. When buying via mail order the buyer should keep all correspondences, the products ad, receipts, etc. Beware of dealing with complaints via telephone, versions of telephone calls can be disputed. Complaints should ideally be dealt with via written correspondence.
The Mail Order Traders Association deals with complaints about catalogues.
MOTA - the Mail Order Traders' Association of Great Britain
The National Newspaper Mail Order Protection Scheme deals with complaints about newspaper advertisements.
SHOPS Homepage
SHOPPING ON THE INTERNET
Most on-line trading is done using credit cards. Before dealing on-line it’s best to follow the guidance and advice from the Office of Fair Trading web site. It is vital that you have the name and address of the seller and that there is a proper encryption facility to protect your credit card details. If you are making purchases overseas using credit cards then some credit card companies may claim not to be liable – buyer may have to resort to court rulings to settle claims.
October 2000 saw the introduction of the Distance Selling Regulations giving new protection to buyers. These regulations require the seller to disclose full information where payment is made in advance – they must disclose their name, address, delivery times and delivery charges. Failure to do so voids the contract with the buyer. The buyer has a 7 day cooling off period giving the buyer the opertunity to withdraw from the purchasing contract without penalty. If the goods ordered do not arrive within 30 days the seller must refund any money paid.
The Office of Fair Trading: making markets work well for consumers
WARRANTY’S
Warranties are similar to guarantees, in that they provide a legally binding assurance that any problems caused by manufacturing defects during a set period will be remedied.
Warranties are in addition to the seller’s responsibilities under the Sale of Goods Act.
A seller cannot, for instance, refuse to deal with a customer's complaint about a faulty product simply on the grounds that the warranty on the product has expired.
In law, a supplier is still liable for any breach of contract for a period of up to six years (five years from the date the problem arises, in Scotland). For more information see the Sale of Goods Act.
THE RIGHTS OF CUSTOMERS: GOODS
If sellers sell goods that don't conform to contract they are legally obliged to resolve the problem if the buyer seeks redress.
The Sale of Goods Act states that if customers want to reject faulty goods, they have to do so within a "reasonable time". A legal definition of "reasonable" is not given though.
If a buyer rejects faulty goods within this "reasonable" period, they're entitled to ask for their money back. All buyers can claim compensation at any time if they choose. If sellers sell to consumers - not other traders - they can ask for a repair or a replacement immediately (instead of asking for a refund) at any time until six years after purchase.
If sellers are dealing with a consumer, any repair or replacement arranged must not cause them inconvenience. The seller may have to pay for other costs such as transportation. However, if a replacement is impossible and the goods cannot be repaired economically, then the seller can offer a full or partial refund.
In law the sellers has a responsibility to their customer for up to six years from the date of purchase (in Scotland, five years from discovery of the problem). During this period, they are legally obliged to deal with any claim of breach of contract.
CONSUMER PROTECTION
The Consumer Protection from Unfair Trading Regulations 2008 No. 1277
DISTANCE SELLING
Statutory Instrument 2000 No. 2334
OFFICE OF FAIR TRADING
Business distance selling advice
The Office of Fair Trading: Selling online or at a distance
BUSINESS LINK GOV UK
Practical advice for business
Business support, information and advice | Business Link