When you purchase goods from a trader, you are entering into a binding contract that places legal obligations on both parties; some traders may try to get out of their obligations. Do you know whether the trader is correct? Read on and check your knowledge.

"I have just purchased a product that is faulty. Is it the manufacturer's responsibility to rectify any faults?"
Usually no! The manufacturer will only have liability if the goods are covered by a guarantee, and then only if the guarantees the fault in question. The law considers that the seller of the goods is always liable for breaches of contract, such as goods being faulty, so, even if there is a guarantee, the seller must rectify the faults if you ask him to. In some other exceptional circumstances, the manufacturer may be liable, e.g. if you are injured by an unsafe product, or if the manufacturer was negligent. If you suspect this, get some further advice.

"I have just purchased some goods which are defective. The trader will only offer me a credit note. Is he right?"
No! If you have acted quickly enough, you are entitled to reject the goods and get a refund. If you have not acted quickly enough, you are entitled to a repair, a replacement, a reduction in the price or to rescission. You do not have to accept a credit note.

"I have just purchased something that I do not want anymore. Does the shop have to give me a refund?"
No! You are only entitled to a refund if the goods are defective, not as described or not fit for their purpose. However, the trader may be willing to give you a credit note.

"I have accepted a credit note from a trader, but they do not have anything that I like. Can I now demand that the trader gives me the cash?"
No! You are not entitled to a refund once you have accepted a credit note. Also, beware that if you do not use the credit note before its time limit expires, it will become worthless.

"I took some faulty goods back to the shop, but the trader pointed to a notice which stated " No Refunds". Is this correct?"
No! Traders cannot restrict their liability for faulty goods. In fact these notices are illegal and the trader could be prosecuted by Trading Standards.

"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 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 have purchased some faulty goods, but unfortunately I have lost the receipt. The trader says that, because I do not have a receipt, I do not have any rights. Is he right?"
No! You do not have to produce a receipt in order to pursue a claim for faulty goods. However, under the law, you are required to prove that you purchased the product. Therefore, if you paid by cash, a receipt may be the only proof that you have.

"I purchased some clothes which I have now found do not fit me. The trader will not take them back and give me a refund. Is he correct?"
Yes! You only have a claim against the seller if the goods are faulty or misdescribed.

"I have purchased a camera that is faulty. The trader is unable to find out what the fault is and wants to send the camera back to the manufacturer. Can he do this?"
Yes! Although the trader is liable under the Sale and Supply of Goods Act, if the trader is unable to ascertain the cause of the defect, it would be reasonable to seek a second opinion from the manufacturer.

"I purchased an ex display washing machine which had a damaged casing. The trader will not take the machine back. Is he right?"
Yes! You cannot complain about faults that you knew about before you purchased the goods. However, apart from the known faults, the machine is still required to be of a "satisfactory" quality and work properly.

"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 was given a present which has developed a fault. The trader will not accept liability even though the goods were purchased from him. Can he refuse to deal with me?"
Usually the law considers that the buyer of the gift is the only one who has a contract with the shop. But if the buyer made it clear that the goods were meant as a gift, and identified you as the recipient, you will have rights as a "Third Party" in the contract against the Trader.

"I ordered goods for delivery by a specific date. The goods have not yet been delivered but the trader will not accept cancellation of the order. Am I right in thinking that I am entitled to cancel?"
Yes! Provided that the delivery date was specified and made a term of the contract, you are entitled to cancel the contract, without any financial penalty, once the date has passed.

"I allowed a salesperson into my home and subsequently signed a contract. Can I cancel the contract?"
Yes! If the contract was signed as the result of an 'unsolicited' visit and is over £35, you have a seven day period during which you can cancel without any financial penalty. You have to be given a cancellation notice and the trader can be prosecuted by Trading Standards if the salesperson fails to provide the notice. You also have cancellation rights if you sign a credit agreement in your home where the salesperson introduced you to a finance company. The law allows you a cancellation period of five days, which begins on the receipt of a signed copy from the finance company.