Computers

Computers can be one of the most expensive purchases we make as consumers. They are complex pieces of machinery and it can often take a little time for a fault to become apparent. When a consumer buys a computer, his/her rights and responsibilities are just the same as those for any other type of product.

So, what are your legal rights and what can you do if things do go wrong?

When you buy a computer you enter into a contract, usually with the retailer of the computer, and as a result you have a number of statutory rights. The section below outlines the main areas of law that will protect you.

The Law

The Sale of Goods Act 1979 (as amended)

The computer should be of a satisfactory quality, fit for its purpose and as described. When deciding whether the computer is of a satisfactory quality, its appearance, finish, durability, safety and freedom from even minor defects can all be taken into account. If the computer is faulty, you have a legal claim against the retailer of the computer, who should help you to resolve any problems.

The Supply of Goods and Services Act 1982

If the computer is faulty and the retailer arranges repairs, this law says that those repairs should be carried out with reasonable care and skill and within a reasonable time.

The Unfair Contract Terms Act 1977

and The Unfair Terms in Consumer Contracts Regulations 1999

These laws allow you to challenge terms that may be unfair or unreasonable to you as a consumer. The standard terms and conditions used by the retailer should be written in clear language. It is illegal to have a contract term that attempts to restrict a consumer's rights. In some cases your local Trading Standards Department may be able to take action to prevent a company from using unfair terms in its contracts.

The Consumer Credit Act 1974

If the computer costs more than £100 and was bought using a credit card or on finance arranged by the retailer, the finance company is jointly liable with the retailer under this piece of legislation. If you have a complaint, you can ask the finance company for assistance.

The Consumer Protection Act 1987

This law gives the consumer a right to claim against the manufacturer directly if the computer causes damage (in excess of £275) to something because it is defective - for example, if an electrical defect causes it to catch fire, damaging furniture or carpets. The consumer will also have a claim against the manufacturer for any injury caused as a result of the computer being defective.

This law also says that the computer must be safe, and if it is not, your local Trading Standards Department may be interested in your complaint. It also says that the consumer must be made aware of the full selling price of the computer before paying for it. If this is not the case, your local Trading Standards Department may be interested in receiving details of your complaint.

The Consumer Protection (Distance Selling) Regulations 2000

Consumers have additional rights when they buy anything by mail order or any other method where they do not meet with the retailer directly. Whether shopping via the Internet, TV and telephone, or from a catalogue or magazine article, the buyer will be protected by the above regulations. In simple terms, the consumer has the right to clear information, to cancel within seven working days for any reason, and to receive a full refund if they don't get the goods on time.

The Trade Descriptions Act 1968

As well as The Sale of Goods Act 1979 (as amended), which says that the computer should be as described, criminal law says that any description made should be truthful and accurate. If this is not the case, your local Trading Standards Department may be interested in the information.

Problem Solving

If your computer is faulty, you must report the problem as soon as possible. The longer the gap between the sale and a complaint, the more difficult it is to prove that you are entitled to a refund, and you may only be entitled to a repair, replacement or reduction in the price (see our leaflet 'Buying Goods' for details).

If you have bought a computer, checked it and found it to be faulty, you need to take the following steps:

• Step One: Contact the retailer and discuss the problem. Remember, generally your claim is against the retailer rather than the manufacturer.
• Step Two: If this fails to resolve the situation, you need to put your problems in writing asking the retailer to consider your complaint and respond within a set time period - 14 days, for instance.
• Step Three: If your negotiations do not work, you may want to consider court action. Your local Trading Standards Department may be able to offer you advice on how to make such a claim.

Questions and Answers

What is an on-site warranty?

These are widely used in the computer industry and mean that problems with the machine can be diagnosed at home. It is important to check whether an engineer will visit your home or whether you will be expected to telephone a premium rate advice line for support. Such warranties are in addition to your legal rights as a consumer; you still have a claim against the retailer if things go wrong. These warranties can also be costly; check what the warranty covers before deciding to purchase.

Can I always insist on a refund?

No. You cannot insist on a refund if:

• the retailer tells you about the fault or if the defect is obvious when you buy;
• you have made a mistake about a purchase or simply changed your mind;
• if you have had a reasonable opportunity to check the goods and have used them you may not be entitled to a refund; however, you may still ask the retailer for a repair, replacement or a reduction in the purchase price if the goods are faulty and the fault existed at the time you took delivery of the computer;
• if you have damaged or misused the goods.

Do I need proof of purchase?

Yes. Some proof of purchase is essential. This does not have to be a receipt. A cheque stub, credit card slip or bank statement may be enough. However, it is always worth keeping your receipt during the lifetime of the goods in case problems occur.

When you buy on credit, you can ask the credit company for help when there is a problem, providing the goods cost more than £100 and you used a credit card or the retailer arranged credit for you.

The law makes the credit company jointly liable for faulty goods. That means that, if the retailer is unhelpful, you can ask the credit company for assistance.

You may cause yourself more problems if you stop paying; this could be seen as default and ultimately affect your credit rating.

Ask the credit company to suspend your payments. Remember that you can ask them to help you to resolve your complaint because they are jointly liable.

No. The law is not the same when you buy from a private individual and you may have fewer rights. In private sales, it is only the description of the goods that counts or what the seller tells you about the goods. Remember - buyer beware.

The Sale of Goods Act covers both new and second-hand goods. They must still be of a satisfactory quality, fit for their purpose and as described. However, the older the goods are, the more wear and tear you must expect. They may not be perfect but they should still work.

The Sale of Goods Act covers sale goods. Your rights are exactly the same unless the fault is brought to your attention at the time or purchase.

Yes. Your legal contract is with the mail order company as the retailer and any claim should be directed to that company. You also have added protection under the Distance Selling Regulations. The company must provide its name, address and all the details of the product; the company must make your right to cancel quite clear and confirm your order in writing. You have seven days to withdraw.

• The Advertising Standards Authority (020 7580 5555) may be able to help with delays.
• The Mail Order Traders Association (0151 227 9456) may be able to help with catalogue companies.
• If the goods have been ordered from an advertisement in a newspaper or magazine, write to the manager of the publication. If you paid in advance and the supplier has ceased trading, you may be protected if the company belongs to the Mail Order Protection Scheme (MOPS) for newspapers or the Periodicals Publishers Association (PPA) for magazines. You need to contact them quickly as time limits can apply.

Yes. If you cannot prove what the fault is, this is a reasonable response. The retailer is still responsible if the goods are faulty but they may want to get them checked.

Top Tips when buying a Computer

Remember, you have NO right to return goods if they are purely unwanted. If you are unsure what you want, shop around and ask experts for advice.

Extended warranties may be expensive and do not always give you extra rights. You may have a free manufacturer's warranty as well as your legal rights. Read the warranty offer carefully and consider other insurance options.

If you buy your computer using your credit card or on finance arranged by the retailer, you may be able to claim against the credit company if things go wrong.

If you are buying your computer on finance arranged by the retailer and sign the credit agreement at home, you have a short time to cancel. If you cancel within the time limit given, you do not have to continue with the purchase; goods must be returned and you are entitled to your deposit back. If you agree to buy a computer as a result of an unsolicited call to your home or after receiving an unsolicited telephone call where the retailer arranges to visit your home, you have seven days to change your mind.

Read any agreement carefully before you sign.

Your signature is one of the most important things you give away.

Go back to the retailer and be firm but reasonable. A polite request works better than a strong demand.

Get everything in writing.

If you rely on what the retailer tells you about the computer and it turns out to be untrue, you may have a claim. Verbal claims can be disputed. Get everything in writing. Avoid expensive calls.

Remember, your legal claim is against the retailer and possibly the credit company. Warranty companies often require you to call expensive premium rate telephone numbers for assistance. Ask the retailer to help you instead.

When things go wrong

Buying at home

How are my rights different if I buy on credit rather than paying cash?