I ordered a bed and was told that delivery would be within six to eight weeks - that was nine weeks ago. Can I now cancel the order and have my money back?
Generally, there is no legal requirement that goods are delivered within a particular time. All that the law says is that goods should be delivered within a 'reasonable time', which is a matter of debate. If necessary, you should consider setting a firm date for delivery, and incorporate this into the contract. Ideally, you should make sure that a specific delivery date is written down on the order form. This is called 'making time of the essence in the contract'. Although you probably cannot cancel at the moment, you can impose a reasonable time limit now, by writing to the shop and setting a final date for delivery. If the bed still doesn't come, you could cancel it and have a refund.
I have been sent books in the post that I haven't ordered, and the company is demanding payment. Do I have to pay?
No. The Distance Selling Regulations 2000 says that if you are sent unsolicited goods (in other words, goods that you didn't order, or ask for) they become your property and you can treat them as a gift. You can keep them, give them away, or sell them, whatever you prefer.If the company presses for payment, report them to your local Trading Standards Department
I want to purchase a three piece suite that is on display in a shop. The shop refused to sell it to me. Does a shop have the
right to refuse to sell goods?
Yes! Goods on display in a shop are there for you to make an offer to buy; the shop is not obliged to accept your offer. The
same applies where goods have been labelled with the wrong price; the shop does not have to sell at that price.
I went to a "sale" and purchased some goods that are now faulty. The trader will not accept any liability, as they were sale
items. Is he right?
No! You have the same rights when buying "sale" goods as when you buy a brand new item. However, if the price has been reduced
because the item was damaged, you cannot complain about the damage. Even though you also have the same rights when buying
second-hand goods, you will have to accept that the item may not be as reliable as a new item.
I purchased goods over a year ago and the guarantee has now expired. The trader has advised me that he does not have any responsibility
for the goods. Is he right?
No! Guarantees are extra to your legal rights. If the goods are faulty due to an inherent fault, it is the trader's responsibility
to rectify the situation.
I have bought goods privately. What are my rights?
When you buy goods privately, although certain sections of the Sale of Goods Act do apply, what is arguably the most important condition concerning satisfactory quality and fitness for purpose do not. Therefore if you buy goods
I bought a digital camera 5 months ago. It worked for the first few times I used it but now it has just stopped working. I brought it back to the shop but they say that after 28 days it has nothing to do with them and I should send it back to the manufacturer. I would have to pay postage and insurance and I have no idea how long this might take. I am going to 2 weddings in the next month and I bought the camera to use at these weddings. What can I do?
Under the Sale of Goods Act 1979 (as amended) you have a contract with the shop and have a claim against them if the camera is faulty. After 5 months you may have lost your right to reject the camera and to ask for a full refund but if your complaint is justified you could claim damages – perhaps the cost of a repair – or a partial refund. Any refund could take into consideration the use you have had already of the camera. If the shop disputed that the camera was faulty it would be up to you to prove that the camera was faulty when you bought it. You could also consider asking for a repair or a replacement under the Sale and Supply of Goods to Consumers Regulations 2002. Under these regulations you would not have to prove the camera was faulty when you bought it in that since it is less than 6 months old it would be assumed it was faulty at the time of sale. If the shop wished to dispute this it would be up to them to prove it was not faulty at the time of sale. Any repair or replacement would have to be carried out within a reasonable time and without causing you undue inconvenience. If any delay meant you would not have it repaired or replaced in time for the wedding you could consider asking for the loan of a camera.
A salesman came to my door uninvited. After a long presentation (he was quite persistent) I agreed to buy an adjustable bed for £xxx. I signed up for a credit deal to pay for the bed over 5 years. After the salesman left, I was shocked to find that the total price, including credit charges was £xxx. Can I cancel the order?
Sales staff can be very persuasive. The golden rule is don’t sign unless you fully understand what you are buying and what the prices is. You cannot usually cancel an order. Happily, the law recognises that buyers can be caught off guard when a salesman calls and gives extra protection for sales completed in the home. You can cancel the order if the sale takes place in your house and you did not request the visit from the salesman. You can also cancel if you only agreed to the visit after an uninvited telephone call or visit from the trader. You must cancel within the 7-day ‘cooling off’ period. You should always confirm cancellation in writing. The right to cancel does not cover goods or services worth £35 or less, insurance, consumer credit and certain other financial services. The trader must give you written notice of the right to cancel; otherwise he cannot enforce the contract against you. If you decide to cancel, you have the right to recover any deposit you have paid.
When you settle for the night on your old lumpy mattress, you will have time to think about shopping around for a better deal safe in the knowledge that you are not stuck with the overpriced bed.
Shortly after getting a new tyre fitted, the wheel the tyre was fitted to fell off my car causing £300 worth of damage. I complained to the garage who pointed out a standard term in their contract that they were not responsible for the consequences of faulty workmanship and would not do anything for me. I don’t think this is fair. Is there anything I can do?
It sounds as if you are a bit ‘tyred’ of this problem! There may be light at the end of the tunnel. All standard contracts used by businesses selling to the public, must be ‘fair’. The law will ignore unfair contracts.
Small print which denies responsibility for faulty workmanship is unfair - you can ignore it. If the wheel fell off because the nuts were not put on properly, then the garage is responsible for the damage to your car. Trading Standards can challenge the use of unfair contract terms in court. You can complain to them and they will take it up with the garage.
I employed a decorator to wallpaper my living room. I supplied the paper and paste and backing paper. He finished the job in a day but when I saw the finished work I realised he had made a mistake throughout in the drop of the pattern and he had not matched the design correctly. The whole room will have to be redone. The decorator has agreed to redo the room but who is responsible for the cost of the paper?
When you employ someone to do work for you they should carry it out with reasonable care and skill. This should be to the standard of the average competent workman. In your case the decorator, by not matching the pattern correctly, did not show the skill and expertise that one could reasonably expect from the average competent workman. You can expect him to redecorate the room, at no extra cost, and you also have a claim against him for the losses you have incurred because of his poor workmanship. This means you can claim the cost for the replacement paper from him.