Product manufacturing Product not as described rights (2022)

If a product is not as described then you can ask for a full refund, a repair or a replacement from the retailer provided you complain within a reasonable time. These rights last for up to 6 years (5 years in Scotland) depending on the item purchased. You will not be entitled to a full refund after 4 years for faulty goods but you could argue for a 30% refund or discount against another purchase.

You should know

  • When you purchase a product from a retailer you have a contract with them. You do not normally have a claim against the manufacturer unless you have been supplied a manufacturer's guarantee with the product.
  • The retailer should not refuse to deal with you if you have a valid complaint and should not refer you to the manufacturer within the first six months of purchase
  • If your manufacturers guarantee has expired you may still be able to claim from the retailer for faulty goods
  • Some manufacturers charge a call out fee but will refund if the item is found to have a manufacturing defect
  • You do not have to buy and extended warranty to have rights for a repair up to six years after purchase
  • If the manufacturer ceases to trade you do not have a claim against the retailer who sold you the goods.
  • If you paid by credit card and the amount was more than £100 and less than £30,000, the credit card company may be partly responsible for compensating you

Market sector rights

Designer goods

If you buy designer goods from the designer direct then any complaint you have should be directed to that designer company. However if you buy from a third party retailer such as a department store then your claim is first and foremost with that retailer. The designer brand may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the designer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the designer companies regarding repairs and replacements.

Supermarkets

Goods sold in supermarkets are often branded with the supermarkets name and address and are not manufactured directly by them. If you buy a product from a supermarket that carries only the supermarket brand, your complaint will be against the supermarket. Some supermarkets sell other brand named products however, as you purchased the goods from the supermarket your claim is with them alone.

The manufacturer may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the manufacturer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the manufacturer regarding repairs and replacements.

Department stores

Goods sold in department stores are often branded with the department store’s name and address but are not manufactured directly by them. If you buy a product from a department store that carries only the department stores details, your complaint will be against them. Most department stores sell other brand named products however as you purchased the goods from the store, your claim is with them alone.

The manufacturer may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the manufacturer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the manufacturer regarding repairs and replacements.

Jewellery

Any jewellery you buy must be of satisfactory quality, fit for purpose and as described. If you discover your jewellery is faulty then you are entitled to complain to the retailer. If you have purchased a designer brand from the jeweller then they are responsible for sorting out your complaint directly with you.

(Video) Key Product Manufacturing Terms to Know

The manufacturer may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the manufacturer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the manufacturer regarding repairs and replacements.

Many jewellers state that earrings cannot be exchanged or refunded due to hygiene reasons. This is merely a rule that applies to a goodwill return and does not affect your legal rights and cannot be used when you are complaining about faulty goods.

If you have bought your item directly from the manufacturer then your complaint is with that manufacturer.

Clothing

Any clothing you buy must be of satisfactory quality, fit for purpose and as described. If you discover your clothing is faulty then you are entitled to complain to the retailer. If you have purchased a designer brand from the retailer then they are responsible for sorting out your complaint directly with you.

The manufacturer may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the manufacturer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the manufacturer regarding repairs and replacements.

IF you have bought your item directly from the manufacturer then your complaint is with that manufacturer.

Shoes/Footwear

Any footwear you buy must be of satisfactory quality, fit for purpose and as described. If you discover your footwear is faulty then you are entitled to complain to the retailer. If you have purchased a designer brand from the retailer then they are responsible for sorting out your complaint directly with you.

The manufacturer may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the manufacturer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the manufacturer regarding repairs and replacements.

IF you have bought your item directly from the manufacturer then your complaint is with that manufacturer.

Furniture

Any furniture you buy must be of satisfactory quality, fit for purpose and as described. If you discover your furniture is faulty then you are entitled to complain to the retailer. Many furniture retailers sell brand named products however as you purchased the goods from the store, your claim is with the retailer alone.

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The manufacturer may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the manufacturer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the manufacturer regarding repairs and replacements.

If the retailer is a member of The Furniture Ombudsman scheme you are entitled to ask to be referred to their dispute resolution service.

IF you have bought your item directly from the manufacturer then your complaint is with that manufacturer.

Electrical or electronic goods

Any electrical and electronic goods you buy must be of satisfactory quality, fit for purpose and as described. If you discover your item is faulty then you are entitled to complain to the retailer. If you have purchased a branded item from the retailer then they are responsible for sorting out your complaint directly with you.

The manufacturer may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the manufacturer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the manufacturer regarding repairs and replacements.

IF you have bought your item directly from the manufacturer then your complaint is with that manufacturer.

DIY

Any DIY goods you buy must be of satisfactory quality, fit for purpose and as described. If you discover your item is faulty then you are entitled to complain to the retailer. If you have purchased a branded item from the retailer then they are still responsible for sorting out your complaint directly with you.

The manufacturer may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the manufacturer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the manufacturer regarding repairs and replacements.

Discount stores

Any goods you buy must be of satisfactory quality, fit for purpose and as described. If you discover your item is faulty then you are entitled to complain to the retailer. If you have purchased a branded item from the retailer then they are still responsible for sorting out your complaint directly with you.

The manufacturer may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the manufacturer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the manufacturer regarding repairs and replacements.

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Toys

Any toys you buy must be of satisfactory quality, fit for purpose and as described. If you discover your item is faulty then you are entitled to complain to the retailer. If you have purchased a branded item from the retailer then they are still responsible for sorting out your complaint directly with you.

The manufacturer may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the manufacturer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the manufacturer regarding repairs and replacements.

If you have bought your item directly from the manufacturer then your complaint is with that manufacturer.

Homeware

Any homeware item you buy must be of satisfactory quality, fit for purpose and as described. If you discover your item is faulty then you are entitled to complain to the retailer. If you have purchased a branded item from the retailer then they are still responsible for sorting out your complaint directly with you.

The manufacturer may well provide you with a supplementary guarantee and this will have terms and conditions such as a promise to replace goods within 2 years of purchase should a fault be found. Even if the manufacturer has provided a guarantee you still have rights against the retailer. It is always better to speak to the retailer in the first instance as they often have a direct route to the manufacturer regarding repairs and replacements.

If you have bought your item directly from the manufacturer then your complaint is with that manufacturer.

Limitations of making a claim

You should argue strongly with retailers when a product breaks down within six years. The Consumer Rights Actdoes not define how long specific products should last, because different products have different life spans. But a good rule of thumb is that the more expensive a product is, the more you can expect. However we would all expect even the cheapest of washing machines to last at least 6 years.

Guarantees

A guarantee is an agreement given by a manufacturer or retailer to you, without any extra charge. The guarantee will be a commitment to repair, replace or refund on goods which do not meet the specifications set out in the guarantee.

A warranty is an insurance policy, usually paid for, which provides cover for the unexpected failure or breakdown of goods, usually after the manufacturer's or trader's guarantee has run out.

Guarantees and warranties are in addition to the statutory rights you have under the Consumer Rights Act 2015.

Extended Warranties

The Supply of Extended Warranties on Domestic Electrical Goods Order 2005 states that any trader that supplies extended warranties on domestic electrical goods must provide you with certain information before the sale of the extended warranty such as price and terms of the warranty.

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If you or your property is injured or damaged then the Consumer Protection states that you must claim within three years from the date of damage or injury. However, since damage may not be immediately known, an alternative period of three years from the date when the producer knew - or could reasonably have known - of the claim, is also allowed. Claims cannot be made more than ten years after the product was put on the market.

Making a complaint

Your retailer will often guarantee products for a specific amount

If the trader pointed out a defect at the time of the purchase then you are not entitled to a refund.

Your rights as a consumer are protected by the Consumer Rights Act 2015. Under these strict rules, any item you buy must be:

  • If the product is not as described, fit for purpose or of satisfactory quality then you can ask for a full refund, a repair or a replacement of the product from the retailer.

How long is the guarantee?

Your retailer will have a guarantee on the product, but even if outside of that guarantee you may be able to claim. The law is ambiguous on what a guarantee is and what is deemed reasonable. Six months can be expected as a reasonable minimum, but you need to take into account a reasonable lifespan for the product, how much was paid for the product and its overall quality.

Under the law, you have six years to take a claim to court for faulty goods, but there is a shift of responsibility after six months from the retailer to the consumer to prove responsbility of the issue. At this point, you may need to prove the problem existed when you purchased the goods and it has taken time for the issue to become apparent. You might need to provide a report from an expert to support your claim.

Manufacturer’s warranty

The retailer may ask you to contact the manufacturer directly. However, your contract is with the retailer and not the manufacturer and it is therefore the retailer's responsibility to resolve and rectify the issue.

If you paid by credit card

If you paid by credit card and the amount was more than £100 and less than £30,000 (including VAT), you should contact your credit card company to see if you are covered by ‘equal liability’ (sometimes called Section 75). This is very often the case and simply means that your credit card provider is jointly responsible with the trader for compensating you when things go wrong.

Statutory minimum

The rights described here are the statutory minimum and some retailers may offer enhanced terms and conditions.

Submit your issue with Resolver

resolver will help you write and submit your case to the retailer if you feel that they have not responded to your issue.

What next

Once you've submitted your case, resolver will create you a case file, into which all emails that you send and receive will be delivered. You can also phone the company and record your phone calls, plus place in any supporting documents and information. If the issue is then not addressed, resolver will nudge the company to respond and, if you are still not satisfied knows when and who to your escalate your case to.

Can I send my case to an ombudsman?

There is no retail ombudsman, with the exception of the Furniture Ombudsman. The Furniture Ombudsman covers a limited number of retailers for furniture, kitchen and bathroom installations.

Some companies are a member of RetailADR, an alternative dispute resolution scheme for retailers – and we may direct complaints to them as appropriate (depending on the company your complaint is about)

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What if your issue is still not addressed?

If your issue is not addressed you can report your issue to Trading Standards, who may take action. Other alternatives include taking legal action against the company or contacting Citizens Advice.

Find the best rights for you

We have5,219 pages of rights advicefor you covering9,919 companies and organisationsacross16 public & private sectors.Feel free to browse companies for this specific issue - they're all listed below -but the quickest way to find the best rights for you is by using our unique Rights Finderto access our extensive database of advice.

Start by telling us the name of the company or organisation you have an issue with.

FAQs

What are the 8 basic rights of the consumers? ›

  • Consumer's rights to enforce terms about goods.
  • Right to reject.
  • Partial rejection of goods.
  • Time limit for short-term right to reject.
  • Right to repair or replacement.
  • Right to price reduction or final right to reject.

What are my rights if a product is not fit for purpose? ›

If the item is faulty or not fit for purpose you have the right to reject or return the goods and demand a refund, a repair or a replacement. You must inform the seller within 30 days of receiving it if you decide to reject the goods and have a refund.

What 3 things must goods be under the Consumer Rights Act 2015? ›

Under The Consumer Rights Act 2015 and The Sale of Goods Act 1979 (for purchases made before 1 October 2015) the law says that any goods you buy must be: Of satisfactory quality; Fit for any particular purpose made known to the seller; and. As described.

What are my rights if a product is not as described? ›

30-day right to reject

Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.

What are 10 consumer rights? ›

  • Right to Safety. Means right to be protected against the marketing of goods and services, which are hazardous to life and property. ...
  • Right to be Informed. ...
  • Right to Choose. ...
  • Right to be Heard. ...
  • Right to Seek redressal. ...
  • Right to Consumer Education.
21 Jan 2019

What are the 7 consumer rights explain in detail? ›

Therefore, the government of India provides some rights to consumers under the Consumer Protection Act to protect their interests. These rights are Right to Safety, Right to Information, Right to make Choice, Right to be Heard, Right to Seek Redressal and Right to Consumer Education.

How do I complain about goods not fit for purpose? ›

Check out our six steps to get the result you want when complaining about a faulty product or service.
  1. Be Quick. As soon as you find a fault make your complaint. ...
  2. Be Polite. Remember, the customer assistant you're speaking to isn't the one to blame. ...
  3. State the Facts. ...
  4. Don't Forget The Evidence. ...
  5. Persevere. ...
  6. Don't Feel Guilty.

What are my legal rights to a refund? ›

Your legal rights to a refund

You have 30 days to return faulty goods and receive a full refund. You're entitled to ask for a refund or price reduction after one failed attempt by the retailer to repair or replace a faulty item. Or you can request another repair or price reduction at no extra cost.

Can I get a refund if something doesnt fit? ›

In this instance, as with online sales, your consumer rights under the Sale of Goods and Supply of Services Act 1980 apply and you are entitled to a repair, replacement or refund from the retailer if the item is not as described, not fit for purpose or not of sufficiently acceptable quality.

What are the 5 major consumer rights? ›

Consumers are protected by the Consumer Bill of Rights. The bill states that consumers have the right to be informed, the right to choose, the right to safety, the right to be heard, the right to have problems corrected, the right to consumer education, and the right to service.

What does the Consumer Rights Act not cover? ›

It outlines what rights a consumer has and what your obligations are as a goods or services provider in the event of a dispute. It does not cover private sales between two individuals where the seller/service provider is not a trader.

What are the 8 consumer rights and 5 responsibilities? ›

These are the rights to basic needs; safety; information; choice; redress; representation; redress; consumer education, and a healthy environment. The five (5) responsibilities are critical awareness; action; social concern; environmental awareness; and solidarity.

Who is responsible for warranty seller or manufacturer? ›

You do not have a contract with the manufacturer. The shop has the legal liability to fix the item. If the item is faulty then you will have your legal rights under the Consumer Rights Act 2015 against the retailer.

Do consumers have right to return a product? ›

If a consumer returns the defective goods to the retailer, the retailer shall have the right to claim them against the wholesaler or the manufacturer, from whom he received the goods.

Does everything have a 12 month guarantee? ›

There is no such thing as a 12 month guarantee with the retailer/seller. The length of time you have to return any product depends upon the life expectancy of the product.

What are the six rights of Consumer Protection Act? ›

Rights of consumers: Six consumer rights have been defined in the Bill, including the right to: (i) be protected against marketing of goods and services which are hazardous to life and property; (ii) be informed of the quality, quantity, potency, purity, standard and price of goods or services; (iii) be assured of ...

What are the 6 types of consumer rights? ›

Consumer Rights and Responsibilities
  • Right to safety.
  • Right to choose.
  • Right to be informed.
  • Right to consumer education.
  • Right to be heard.
  • Right to Seek redressal.
  • Consumer Protection Act.

What is consumer right 12? ›

1. Right to Safety: Consumer has the right to be protected against products, & services which are hazardous to health & life (should use ISI marked electronic device. 2. Right to be Informed: Consumer has right to have complete information about the product before buying it.

What are the 4 rights of a consumer? ›

The right to be fully informed about the performance and quality of all goods and services. The right to free choice of goods and services. The right to be heard in all decision-making processes related to consumer interests. The right to seek redressal, whenever consumer rights have been infringed.

What are the four rights of all consumers? ›

In 1962, then US President John F Kennedy declared four basic consumer rights – the right to safety; the right to be informed; the right to choose and the right to be heard.

What are the 3 principles of consumer law? ›

Goods must be: described accurately – businesses should not describe goods and services in a misleading way. fit for purpose – goods must do what they are designed to do. satisfactory quality – goods should not be damaged or faulty when sold as new.

How do I file a complaint against a product? ›

File a complaint with your local consumer protection office or the state agency that regulates the company. Notify the Better Business Bureau (BBB) in your area about your problem. The BBB tries to resolve your complaints against companies.

How do I claim under the Consumer Rights Act? ›

Where can you get help with your claim? For help in making a claim, or for more information about the Consumer Rights Act of 2015, which tells you about your all rights when buying different things, go to the Citizens Advice website or phone them on 0345 404 0506 or 0345 404 0505 (Welsh language).

On what grounds a consumer can make complaint? ›

Under Section 2 (6) of New Act, Complaint is defined as any allegation in writing, made by a complainant for obtaining the relief provided under the act in case of unfair trade practices, defects in goods, deficiency in service, excess price of goods and services, selling of hazardous goods.

What counts as refund abuse? ›

Refund abuse (aka. returns abuse) occurs when a customer uses the returns policy of a merchant so much that it becomes unprofitable. Customers may also abuse refunds by faking returns/receipts, or reselling merchandise.

What to do if a merchant refuses to refund? ›

If asking the merchant for a refund didn't work, request a chargeback with your credit card issuer. Many card issuers let you dispute transactions by phone, mail or online. You may also be able to submit a dispute directly through your card issuer's mobile app.

In what circumstances is a seller allowed to refuse a refund? ›

A business can refuse to give you a free repair, replacement or refund if: you simply changed your mind. you misused the product or service in a way that contributed to the problem. you asked for a service to be done in a certain way against the advice of the business, or were unclear about what you wanted.

What are the different types of consumer rights? ›

Consumer rights can be defined as the right to safety, the right to be informed, the right to choose, and the right to be heard.

What is Section 27 of Consumer Protection Act? ›

The Consumer Protection Act, 1986 as per provisions under Section 27 provides that where a person against whom a complaint is made fails or omits to comply with any order made by the Forum shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years or with ...

What happens if you breach the Consumer Rights Act 2015? ›

Remedy for breach

If the trader breaches the contract for the supply of services by failing to meet the standards required under the Consumer Rights Act 2015, the consumer is entitled to repeat performance of the service or to a price reduction.

How many consumer rights are there? ›

The Consumer Protection Act passed in 1986 guarantees 8 rights to consumers. These include the Right to safety, Right to be informed, Right to choose, Right to consumer education, Right to be heard, Right to seek redressal, Right to basic needs, and the Right to healthy environment.

What voids a manufacturer's warranty? ›

Environmental damage: If your vehicle was damaged in a fire, flood, hailstorm, earthquake or any other environmental disaster, the automaker will not honor your warranty. Altered odometer: If your car's odometer has been disconnected, tampered with or replaced, the dealership cannot determine the exact mileage.

Who are responsible for a defective product? ›

Generally, there are three separate parties who can possibly be held responsible for defective products: manufacturer; owner; seller. Manufacturers: Manufacturers could be held liable in court for a product or products that contain a flaw in their manufacture or design. This must occur under their control.

What is a manufacturer's responsibility? ›

The main manufacturer responsibility is to fulfill the promises they have made—that products work and are safe and live up to the brand reputation.

Which law covers a customer returning a product? ›

Consumer guarantees

The Consumer Rights Act 2015 sets out rules that apply when you give a guarantee on goods without extra charge.

What is Section 14 of the Consumer Protection Act? ›

Section 14 of the Consumer Protection Act (CPA) governs fixed term agreements (for example a lease agreement) between persons. A fixed term agreement is for a fixed period and in terms of the CPA , may not exceed 24 months.

What is the return policy for products? ›

A Return & Refund Policy is a policy that dictates under what conditions customers can return products they've purchased from your ecommerce store and whether you'll reimburse them or not. It will also let your customers know the time frame within which your company can accept returns.

How long is a manufacturer's guarantee? ›

The standard manufacturer's warranty usually runs for the first one or two years after you have bought an appliance. An extended warranty could provide cover for two, three or four more years.

What is covered in 1 year manufacturer warranty? ›

For example, many warranties for common household items only cover the product for up to one year from the date of purchase. Generally, they are covered only if the product has problems due to defective parts or workmanship.

How many consumer rights are there 6 or 8? ›

The Consumer Protection Act passed in 1986 guarantees 8 rights to consumers. These include the Right to safety, Right to be informed, Right to choose, Right to consumer education, Right to be heard, Right to seek redressal, Right to basic needs, and the Right to healthy environment. Q.

What is Consumer Protection Act 8? ›

The Consumer Protection Act, implemented in 1986, gives easy and fast compensation to consumer grievances. It safeguards and encourages consumers to speak against insufficiency and flaws in goods and services. If traders and manufacturers practice any illegal trade, this act protects their rights as a consumer.

What is the Article 8 of the consumer Act of the Philippines RA 7394? ›

ARTICLE 8. Publication of Consumer Product Standards The concerned department shall, upon promulgation of the above standards, publish or cause the publication of the same in two (2) newspapers of general circulation at least once a week for a period of not less than one (1) month.

What are the six main consumer rights? ›

It includes adequate food, clothing, shelter, energy, sanitation, health care, education and transportation. All the consumers have the right fulfil these basic needs.

What are the 9 consumer Guarantees? ›

These include nine (9) guarantees for goods: (i) acceptable quality; (ii) fit for a particular purpose; (iii) match description; (iv) match the sample or demonstration model; (v) express warranties will be honoured; (vi) spare parts and repair facilities will be available for a reasonable time after purchase; (vii) ...

How consumer rights are violated? ›

The Central Consumer Protection Authority has the power to penalize an individual or entity for violating consumer rights. This is ensured through various means such as fines, taking back the defective goods1, reimbursements for such goods/services2, or discontinuation of unfair trade practices3.

What is Section 17 of Consumer Protection Act? ›

(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a ...

What is Section 13 of Consumer Protection Act? ›

(1) The District Forum shall, 2[on admission of a complaint], if it relates to any goods,— 3[(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or ...

What happens when Republic Act 7394 is violated? ›

In case the violation is committed by, or in the interest of a foreign juridical person duly licensed to engage in business in the Philippines, such license to engage in business in the Philippines shall immediately be revoked.

How do RA 8423 help the consumer? ›

Republic Act 8423 (R.A. 8423) mandates the Philippine Institute of Traditional and Alternative Health Care (PITAHC) “to improve the quality and delivery of health care services to the Filipino people through the development of traditional and alternative health care and its integration into the national health care ...

How do RA 7394 help the consumer example? ›

In pursuance of such mandate, Congress has enacted RA 7394 or the Consumer Act of the Philippines in 1992. The Law was enacted to protect the interests of consumers through the promotion of public health and safety measures, and the prevention of deceptive and unfair acts of unscrupulous businessmen.

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