Page 22 - Spring Into Markets
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When a customer finds a fault
Customers are allowed a ‘reasonable’ amount of time to check that the goods are satisfactory (there's no concrete time given as ‘reasonable’; it means different things in different situations).
In reality, customers need to check the item immediately and return it as soon as possible if there's a problem. If the goods aren't satisfactory, customers can ‘reject’ them and get their money back.
Instead of having the money refunded, a customer can accept a replacement or a repair, or even legally claim compensation which could be anything from the cost of replacement or repair (effectively the same as a refund) or more if the item has caused damage to other goods/injury.
If a customer allows the stall holder to
repair the item and it still doesn't work,
the customer may still be able to get a refund.
After a reasonable time
If a fault appears after that ‘reasonable time’ has elapsed, customers may still have a claim against your stall. If it's in the first six months and it's not because of fair wear and tear, accidental damage or misuse, then the retailer must still repair or replace the item.
If the stall holder refuses, the stall holder has to prove the item wasn't faulty in the first place, or that it couldn't be expected to last that long. Often the stall holder will choose to replace rather than repair it.
If more than six months have gone by, things change. A customer might still get a repair or replacement, but now the customer will have to prove that the item was faulty when they bought it if the stall holder disputes the claim.
Speak to your local Trading Standards Department to find out what you are legally bound to do.
For comprehensive advice from Which? on consumer rights
22 Good Customer Service Guide 3