22 July 2019

Faulty products and how to claim

When you buy something, you are entitled to certain legal protections e.g. a refund or replacement if the product is damaged. You can also expect to receive a product that has been correctly tested, is of good quality and is fit for the purpose for which you have purchased it.

The following standards must be met under the Consumer Rights Act 2015:

– Satisfactory quality – not broken or damaged
– Fit for purpose – the product can be used for what it was intended for
– As described – it matches the seller’s description or advertisement.

You are judged to have accepted the product if you have either altered it in some way or kept it for longer than 30 days.

Who is responsible for a faulty product?

The product supplier of the product has the first responsibility for it, but others may also have some responsibility if more than one person is involved – for instance, its manufacturer, or other individuals, organisations or any third party involved in the manufacturing process.

If you bought the product on a credit card and it cost between £100 and £30,000, the credit card company may also offer protection or a refund based on Section 75 of the Consumer Credit Act 1974. If you would like to know more about Section 75, see our blog here (link to credit card refund blog)

How to resolve the situation

You have three forms of redress if you have been supplied with a faulty product:

– Ask for a refund within 30 days by returning the product in the condition in which you purchased it
– Ask for a repair
– Ask for a replacement.

If you need help

In most cases, you can resolve the problem by taking simple steps, avoiding a dispute. But if the situation is complicated, or if the supplier is denying responsibility, we can help to resolve the dispute, tailoring our advice to your unique circumstances and the result you want.

If a dispute cannot be avoided, early intervention will reduce risks to you and increase the chance of resolution. Our aim is to avoid litigation and try to resolve all matters outside court. Contact Claire Holford on 01189 450176 or at cholford@hcrlaw.com for advice.

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About the Author
Claire Holford, Partner

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