It needs to be firmly closed and reversed through provision for automatic designated status and application only to opt out. Tel: 01 Email: cai thecai. All rights reserved. Charity No - CHY Website by Effector. No menu assigned! Buyer not bound to return rejected goods 40 Unless otherwise agreed, if goods are delivered to the buyer and the buyer refuses to accept them, having the right so to do, the buyer is not bound to return them to the seller, but it is sufficient if the buyer intimates to the seller that the buyer refuses to accept them.
Liability of buyer for neglecting or refusing to take delivery of goods 41 1 When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after the request take delivery of the goods, the buyer is liable to the seller for a any loss occasioned by the buyer's neglect or refusal to take delivery, and b a reasonable charge for the care and custody of the goods. Unpaid seller and seller 42 1 In this Part, "seller" includes any person who is in the position of a seller, as, for instance, an agent of the seller to whom the bill of lading has been endorsed, or a consignor or agent who has himself or herself paid or is directly responsible for the price.
Unpaid seller's rights 43 1 Subject to this or any other Act, even if the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law a a lien on the goods or right to retain them for the price while the seller is in possession of them, b in case of the insolvency of the buyer, a right of stopping the goods in transit after the seller has parted with the possession of them, and c a right of resale as limited by this Act. Unpaid seller's lien 44 1 Subject to this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases: a if the goods have been sold without any stipulation as to credit; b if the goods have been sold on credit, but the term of credit has expired; c if the buyer becomes insolvent.
Part delivery 45 An unpaid seller who has made part delivery of the goods may exercise the right of lien or retention on the remainder, unless that part delivery has been made under circumstances that show an agreement to waive the lien or right of retention.
Termination of lien 46 1 The unpaid seller of goods loses the lien or right of retention a when the seller delivers the goods to a carrier or other bailee for transmission to the buyer without reserving the right of disposal of the goods, b when the buyer or the buyer's agent lawfully obtains possession of the goods, and c by waiver of it. Right to stop goods in transit 47 Subject to this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transit; that is to say, the unpaid seller may resume possession of the goods as long as they are in course of transit, and may retain them until payment or tender of the price.
Duration of transit 48 1 Goods are deemed to be in course of transit from the time they are delivered to a carrier by land or water, or other bailee, for transmission to the buyer, until the buyer or the buyer's agent in that behalf takes delivery of them from the carrier or other bailee.
How right to stop in transit exercised 49 1 The unpaid seller may exercise the right of stoppage in transit a by taking actual possession of the goods, or b by giving notice of the seller's claim to the carrier, or other bailee in whose possession the goods are. Effect of subsale or pledge by buyer 50 Subject to this Act, the unpaid seller's right of lien, or retention or stoppage in transit, is not affected by any sale or other disposition of the goods that the buyer may have made, unless the seller has assented to it; except that where a document of title to goods has been lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for valuable consideration, then, a if such last mentioned transfer was by way of sale, the unpaid seller's right of lien, or retention or stoppage in transit, is defeated, and b if such last mentioned transfer was by way of pledge or other disposition for value, the unpaid seller's right of lien, or retention or stoppage in transit, can only be exercised subject to the rights of the transferee.
Sale not generally rescinded by exercise of right of lien or stoppage in transit 51 1 Subject to this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of the right of lien, or retention or stoppage in transit.
Action for price 52 1 If, under a contract of sale, the property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may maintain an action against the buyer for the price of the goods. Damages for nonacceptance 53 1 If the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against the buyer for damages for nonacceptance.
Damages for nondelivery 54 1 If the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for nondelivery. Specific performance 55 1 In any action for breach of contract to deliver specific or ascertained goods, the court may, if it thinks fit, on the application of the plaintiff, order that the contract be performed specifically without giving the defendant the option of retaining the goods on payment of damages.
Remedy for breach of warranty 56 1 If there is a breach of warranty by the seller, or if the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not merely because of the breach of warranty entitled to reject the goods, but the buyer may a set up against the seller the breach of warranty in diminution or extinction of the price, or b maintain an action against the seller for damages for the breach of warranty.
Interest and special damages 57 This Act does not affect the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid if the consideration for the payment of it has failed.
Exception 58 Sections 59 to 62 do not apply to a consignment to which the Personal Property Security Act applies. Disposition by mercantile agent 59 1 If a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title to goods, any sale, pledge or other disposition of the goods made by the mercantile agent when acting in the ordinary course of business of a mercantile agent is, subject to this Act, as valid as if the mercantile agent were expressly authorized by the owner of the goods to make the sale, pledge or other disposition, if the person taking under the disposition acts in good faith, and has not at the time of the disposition notice that the person making the disposition has not authority to make it.
Pledge of documents of title 60 A pledge of the documents of title to goods is deemed to be a pledge of the goods. Pledge for earlier debt 61 If a mercantile agent pledges goods as security for a debt or liability due from the pledger to the pledgee before the time of the pledge, the pledgee acquires no further right to the goods than could have been enforced by the pledger at the time of the pledge. Exchange of goods or documents 62 1 For the purposes of this Act, the consideration necessary for the validity of a sale, pledge or other disposition of goods may be either a payment in cash, or the delivery or transfer of other goods, or of a document of title to goods, or of a negotiable security, or any other valuable consideration.
You can state your preference, but the retailer can normally choose to do whatever would be cheapest. Under the Sale of Goods Act, the retailer must either repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'.
If the seller doesn't do this, you're entitled to claim either:. If the retailer refuses to repair the goods, and won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years. If your claim under the Sale of Goods Act ends up in court, you may have to prove that the fault was present when you bought the item and not, for example, something that was the result of normal wear and tear.
If your claim is about a problem that arose within six months of buying the product, it's assumed that the problem was there on the day you received it. It's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or as described when it sold them.
For example, a retailer might try to prove this by showing that the problem was caused by an external factor, such as accidental damage. To get a faulty product repaired or replaced, follow our step-by-step guide. To join, call us on or sign up online. After six months of ownership, it's up to you to prove that the problem was there when you received the product, even if it has taken until now to come to light.
So, you may need to prove that the fault was not down to ordinary wear and tear, or damage you caused, and that the product or a component should have lasted longer than it did. To do this, you may need an expert's report, for example from an engineer or a mechanic.
A quotation is normally a fixed price whilst an estimate is generally a rough guess of what the goods would cost. Can a trader put a notice in their shop stating that refunds are not given in any circumstances? It is illegal to try to exclude a consumer's statutory rights, so a 'no refunds' notice is not permitted. A trader may wish to go beyond what the law requires and offer an exchange or refund policy for consumers who change their mind. A trader can display a notice giving details of such a policy, but it is recommended that the trader seeks advice on the wording of the notice from their local trading standards service.
See 'Writing a returns policy'. A consumer rings a trader to say that the TV they bought in that trader's shop during the previous week is defective and they demand that the trader collects it from them.
Can the trader insist that the consumer returns it? A consumer contract can require the consumer to return rejected goods. The trader has to bear the reasonable cost of return other than the consumer's costs of returning to the place where they took delivery.
So, if the consumer collected the TV from the shop and the contract says they have to bring it back if they reject it, the trader can insist that they return it. If the contract says nothing about returning goods, then they need only make it available for the trader to collect but if they choose to take it back themselves, they cannot claim the cost back from the trader. A trader gives a consumer a credit note but they cannot find anything they want.
Does the trader have to then offer a refund and for how long should the credit note run? Can a trader offer a credit note instead of a refund? In the first instance, if a consumer returns goods that do not conform to the contract, the trader cannot require the consumer to accept a credit note.
The consumer can insist on a refund by the initial method of payment or as cash or its equivalent. Similarly, if the trader has a goodwill returns policy that promises a refund if the consumer changes their mind, the consumer can expect the trader to honour this promise. If a consumer has been misled or pressured into accepting a credit note when they do not have to do so, they can still require the trader to replace it with cash or the original method of payment.
In contrast, where the consumer has no legal right to a refund or makes an informed choice not to exercise this right, the trader can offer a credit note. The trader can then determine an expiry date if they inform the consumer of this time period at the time of issue. A consumer insists on a replacement but the item is no longer manufactured and there are none in stock.
A trader can offer the consumer a repair, a reduction in the price or allow the consumer to reject the goods. A repair will only be acceptable if this does not cause the consumer significant inconvenience. A trader cannot ascertain whether an item is faulty or whether it has failed due to misuse.
What should they do? If a consumer wishes to exercise the short-term right to reject the goods, it is for them to prove that the fault is not due to misuse. If a consumer claims a repair or replacement or, if these fail, a price reduction or rejection within six months of delivery, it is for the trader to prove misuse. After six months, the onus falls back on to the consumer. In any case, if the trader cannot agree on the cause of the fault, the trader may wish to obtain a second opinion - for example, from the manufacturer or an independent expert.
Where an independent expert is to be used the consumer and trader should ideally both agree to this in writing. A consumer states a specific date for delivery of goods and the trader fails to deliver them on time; does the consumer have the right to cancel the contract? Yes; if the consumer has made it clear that delivery within the agreed time was essential, or if this is clear from the circumstances of the contract for example, flowers ordered for a wedding and the trader has failed to comply, the consumer can treat this as breach of contract and cancel the contract.
The Consumer Rights Act sets out how the different elements work together. Please see 'Mixed contracts' for more information. To help businesses and consumers understand the changes, BEIS worked closely with business and consumer groups to develop a plain English summary of the key elements of the Act. This 'consumer rights summary' is not intended to be a comprehensive guide to consumer rights, but rather a general overview of the key consumer rights, focusing on the most common issues.
There is no legal requirement for you to display this information, but it could help you make things clearer for your customers and staff. The design of the information sheet is a basic layout and you may want to tailor it according to your business needs - for example, by offering a returns policy that builds on the statutory requirements, or adding examples from your own business perhaps replacing the word 'goods' with something that you sell.
The words are legally correct and outline your customers' rights, so we suggest tailoring and adding to these words, rather than deleting or altering the wording provided. The summary is attached below in both PDF and Word formats, the latter to enable you to create your own version more easily: Consumer rights summary: goods PDF Consumer rights summary: goods Word.
If your business also supplies services please see 'The supply of services'. The Consumer Rights Act also covers contracts between a trader and a consumer in relation to digital content, as distinct from goods and services. Please see 'Digital content' for more information. For more information on the work of trading standards services - and the possible consequences of not abiding by the law - please see 'Trading standards: powers, enforcement and penalties'. Torts Interference with Goods Act Contracts Rights of Third Parties Act Consumer Protection from Unfair Trading Regulations Consumer Protection Amendment Regulations Consumer Rights Act This information is intended for guidance; only the courts can give an authoritative interpretation of the law.
The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide.
Information on amendments to legislation can be found on each link's 'More Resources' tab. Consumer enquiries from England, Scotland and Wales are handled by the Citizens Advice Consumer Service who can be contacted by telephone on 04 05 Consumer enquiries in Northern Ireland are handled by ConsumerLine who can be contacted by telephone on Call charges may vary.
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