Consumer Rights

Your Rights When Goods Are Faulty

The Consumer Rights Act 2015 is the primary legislation protecting consumers who buy goods in England and Wales. Under this Act, every product you buy must be of satisfactory quality (free from defects and fit for all the purposes for which goods of that kind are commonly supplied), fit for a particular purpose (if you told the seller you needed the product for a specific purpose and they confirmed it would be suitable), and as described (matching any description given by the seller, whether on the packaging, in an advertisement, or verbally).

If a product fails to meet any of these standards, you have a statutory right to a remedy. Within the first 30 days of purchase, you have a "short-term right to reject" — you can return the product and receive a full refund. This applies to most goods, including electronics, clothing, furniture, and vehicles. The 30-day period starts from the day you take ownership of the product (which for online purchases is the day of delivery, not the day of order).

After 30 days but within 6 months, you lose the right to an immediate refund. Instead, you must give the retailer one opportunity to repair or replace the product. If the repair or replacement fails, or if the retailer does not carry it out within a reasonable time and without significant inconvenience to you, you then have the right to reject the product for a full or partial refund, or to keep the product and claim a price reduction.

After 6 months, the burden of proof shifts. In the first 6 months, it is presumed that any fault was present at the time of delivery unless the retailer can prove otherwise. After 6 months, you need to prove that the product was faulty when delivered. This may require an independent expert report. You still have rights, but they are harder to enforce. The overall time limit for bringing a claim for faulty goods is 6 years from the date of delivery in England and Wales.

Online Shopping and Distance Selling

When you buy goods online, by phone, or by mail order, you have additional rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The most important of these is the 14-day cooling-off period, which gives you the right to cancel your order for any reason (or no reason at all) within 14 days of receiving the goods.

The 14-day cooling-off period is separate from your rights under the Consumer Rights Act 2015. Even if the product is not faulty, you can return it within 14 days and receive a full refund, including the cost of standard delivery. The retailer must process the refund within 14 days of receiving the returned goods. The retailer may require you to pay the cost of returning the item, but only if they told you about this before you placed your order.

There are some exceptions to the cooling-off period. It does not apply to perishable goods, personalised or custom-made items, sealed goods that have been unsealed and cannot be returned for hygiene reasons (such as underwear or earrings), sealed audio, video, or software that has been unsealed, and services that have been fully performed with your consent.

When you buy from an online marketplace (such as Amazon Marketplace, eBay, or Etsy), your rights depend on whether you are buying from a business seller or a private individual. The Consumer Rights Act applies to purchases from business sellers but not private sellers. Always check who the actual seller is before purchasing. If you buy from a business through a marketplace, your complaint should be directed to the business, not the marketplace.

Section 75 and Chargeback Protection

Section 75 of the Consumer Credit Act 1974 provides powerful additional protection when you pay for goods or services costing between £100 and £30,000 using a credit card. Under Section 75, the credit card company is jointly and severally liable with the retailer. This means if the retailer fails to deliver, goes bust, or provides faulty goods, you can claim a full refund from your credit card company instead.

Section 75 protection applies even if you only paid a deposit on the credit card — as long as the total price of the item is between £100 and £30,000 and at least part of the payment was made by credit card. For example, if you bought a sofa for £1,500 and paid a £200 deposit on your credit card with the balance by bank transfer, the full £1,500 is protected under Section 75.

To make a Section 75 claim, write to your credit card company explaining what went wrong and that you are claiming under Section 75 of the Consumer Credit Act 1974. Include evidence such as receipts, photographs of faulty goods, and copies of any correspondence with the retailer. The credit card company should investigate and respond within a reasonable time, typically 8 weeks.

If you paid by debit card or the transaction value is under £100, you may be able to use the chargeback process instead. Chargeback is not a statutory right but a scheme operated by card networks (Visa, Mastercard). You ask your bank to reverse the transaction, and the bank contacts the retailer's bank. You typically have 120 days from the transaction (or from when you became aware of the problem) to initiate a chargeback. While less powerful than Section 75, chargeback is a useful tool for recovering money from retailers who will not cooperate.

How to Complain Effectively

When complaining about faulty goods or poor service, follow a structured approach. First, contact the retailer directly. Under the Consumer Rights Act 2015, your contract is with the retailer who sold you the product, not the manufacturer. The retailer cannot tell you to contact the manufacturer — they are responsible for putting things right.

Put your complaint in writing (email is fine) and keep a copy. Clearly state what the problem is, when you bought the product, what you want the retailer to do (refund, repair, or replacement), and cite the Consumer Rights Act 2015. Set a reasonable deadline for a response, typically 14 days. Be firm but polite — aggressive complaints are less likely to be resolved.

If the retailer does not respond or refuses to help, escalate your complaint. If the retailer belongs to a trade association, contact the association's complaints procedure. If the retailer is a member of an Alternative Dispute Resolution (ADR) scheme, you can refer the dispute to them. Many sectors have specific ombudsman services, such as the Communications Ombudsman for telecoms or the Energy Ombudsman for energy companies.

For disputes with airlines, you have specific rights under UK261 (the retained EU regulation on flight compensation). For cancelled or significantly delayed flights, you may be entitled to compensation of £220 to £520 per person in addition to a full refund. Airlines must rebook you or refund you within 7 days of a cancellation.

Taking a Company to Court

If informal complaints and ADR do not resolve the issue, you can take the company to court. For claims up to £10,000, you can use the small claims court (part of the county court). The process is designed to be accessible without a solicitor, and the court fee ranges from £35 to £455 depending on the claim value. You can file your claim online through Money Claims Online.

Before issuing a claim, send a "letter before action" giving the company a final 14 days to resolve the dispute. This is a requirement of the court's pre-action protocol. In the letter, clearly set out your claim, the legal basis (Consumer Rights Act 2015, Consumer Contracts Regulations, etc.), the amount you are claiming, and a deadline for payment. If the company settles after receiving this letter, you avoid court entirely.

If the company does not respond or refuses to settle, issue your claim through the county court. The company has 14 days to acknowledge the claim and a further 14 days to file a defence. If they do not respond, you can apply for default judgment. If they defend the claim, the case will be allocated to the small claims track and a hearing will be scheduled, typically within 3 to 6 months.

Small claims court hearings are relatively informal. The judge will read the evidence, hear from both sides, and make a decision. On the small claims track, even if you lose, you generally do not have to pay the other side's legal costs (only the court fee and limited witness expenses). This makes it a low-risk option for consumer disputes.

For claims over £10,000, the process is more formal and you should consider instructing a solicitor. Court costs are higher, and the loser may have to pay the winner's legal costs. Consumer disputes of this value are relatively rare, but they can arise with expensive goods like cars, home improvements, or holiday packages.