Bought a faulty suit but your retailer is failing to give you a refund? Horrified by the state of your hotel room on your latest package holiday? Find out what rights you have and how you can get a full refund with our consumer rights guide.

Consumer Rights & Trading Standards: Faulty Clothes and Shoes
 
Under the Sale of Goods Act 1979 any item of clothing or footwear bought must be of satisfactory quality, fit for its purpose and as described. This means the seams of the item should not be coming apart; if you’ve asked for something that is waterproof it should be and the item must be the same size as stated on the label.

If your clothes are faulty you are entitled to ask for a repair, replacement or refund - even if you have worn the items a few times. If you are offered a repair and the item is still unsatisfactory afterwards, you are eligible for a replacement. If the item of clothing cannot be replaced you are still entitled to a refund.

However, if you’ve changed your mind or picked up the wrong clothes for a particular use the seller does not have to give you a penny of your money back or offer a replacement.

To get your hands on a refund, repair or replacement you will need to provide proof of purchase - this does not necessarily mean a receipt (although it is the simplest form of evidence). If you do not have your receipt you can show the retailer a credit or debit card statement or cheque stub.

Consumer Rights: Holidays and Travel

Package holidays

If your Package holiday does not live up to your expectations - whether it be flight cancellations or a poor hotel room, your tour operator is liable for the failure to properly perform the holiday you believed you were getting - even if that part of the deal was carried out by another person (e.g. another airline).

To carry out a complaint it will work to your advantage if you gather photographs and statements from other holidaymakers (evidence) to show the tour operator. You should also check all the details of your holiday experience with your holiday brochure and if you find that the holiday advertisement was misleading your tour operator will be held responsible, as it is an offence to misinform holidaymakers.

It is likely you’ll be given a complaint form or asked to put your complaint in writing in a separate letter to send to the tour operator.

Consumer Rights: Independent Travellers

If you’ve pieced together a holiday by yourself, such as you booked your flights and hotel separately; you may not be eligible to the same rights and protection as travellers on package holidays. Independent travellers should check their travel insurance cover for details of your rights if your holiday goes wrong.

If you pay for your holiday on a credit card however, you may be able to claim against the credit company as well as the tour operator.

To keep yourself protected and to guarantee the highest level of service possible, check to see if those you are considering to book your accommodation or flight with are members of ABTA and carry ATOL logo.

The ABTA travel association looks after over 5, 500 travel specialists and ensures trading standards are high and consumers benefit from an excellent service. If your tour operator is an ABTA member you can feel safe in the knowledge that they company you are booking with have been closely examined and approved by a number of officials. 

If your tour operator carries the ATOL logo you will not lose your money or be left stranded abroad if your airline goes bust. Instead the Civil Aviation Authority  (CAA) will refund you or, if you’re abroad, arrange for you to finish your holiday and fly home.

Read more The ABTA and ATOL also play a large role in prosecuting online travel fraudsters. To read more go to: Online Travel Fraudsters Found Guilty

Consumer Rights: Extended Warranties

While extended warranties can have their benefits, you are not obliged to take up an extended warranty policy and, according to Consumer Direct, you may be able to exit the contract before its due to end.

A number of extended warranties are now sold on a ‘cash back’ basis - this means your premium is returned in full if you have not made a claim for a fixed period (usually five years). If you have bought this type of warranty and do not make a claim, it is your responsibility to take steps to recover the premium, and you may only be given a short time to do so. What’s more if a company goes out of business, you may not receive any cash back.

Consumer Rights: Tickets

Ticket sellers are legally required to confirm seat location, despatch tickets in time to attend an event and refund you the total cost of the ticket paid or provide a substitute for indoor events cancelled by an events promoter or producer.

For the majority who buy their tickets online however, you are unfortunately not always eligible for the same cancellation rights as those applicable when purchasing other goods. However you are still entitled to a refund if the supplier fails to perform the contract. Read our Tips for Buying Tickets Online

Consumer Rights: Counterfeit Goods

If you think you have been a victim of ‘counterfeit’ or ‘pirated’ goods, there are a number of legal rights that you could use against the seller.

In most cases it is best to contact Consumer Direct to discuss possible options, however you may still be able to use your statutory rights against the seller – under the clause that the goods were not as they were described.

Consumer Rights: Online Shopping

Online shoppers - if it all goes wrong you are in luck - not only do you have many of the same rights as you would if you bought from a shop but you have additional rights which include; a ’cooling off’ period during which an order can be cancelled without any reason and a full refund made. A full refund if the goods or services are not provided by the date you agreed and if you didn’t agree a date, then you are entitled to a refund if the goods or services are not provided within 30 days.

A word of caution though: Be careful when buying at online auctions - auctioneers, unlike other sellers, can refuse to accept responsibility for the quality of the goods they auction. Money Saving Tip: Compare prices and shop at four different supermarkets all at the same time on one website - It’s fast, free and easy. Find out how much Money you can Save.

Consumer Rights: Credit Card Purchases

If you have paid for goods or services that cost over £100 and you paid by credit card, you may be protected by the Consumer Credit Act. This states that the credit card company is equally liable for any faults. Therefore, should a problem arise, you can claim either from the trader or from the credit card company.

Consumer Rights: How to Complain About a Company

Whether you need to complain about goods or a service there are practical steps you can take to ensure you get a fair hearing and hopefully the result you’re looking for.

If you have evidence of poor service or damage caused by a product you’ve bought, it will be much easier to fight your corner when it comes to complaining or if necessary going to court. Some also suggest keeping a complaint dairy where you record exactly what happened when and who you have spoken to regarding your complaint. However if you’re asked to send your evidence to those dealing with your complaint always send copies.

Keep your cool no matter how angry you may be whilst you’re complaining. Losing your temper, being rude and or aggressive will get you no where. Be assertive and clear and when possible complain in person to someone with the authority to offer a refund, replacement, repair or compensation.

If you’re complaining about an on going service, voice your opinions but give your service provider time to correct the issue - it may work out better for you in the long run.

If all else fails, and you can afford the fee if applicable, you may like to seek advice from an expert or second opinion to back up your complaint.

For more information on all these topics and your rights as a consumer visit:

www.consumerdirect.gov.uk

www.oft.gov.uk

www.tradingstandards.gov.uk

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