Faulty Goods: What Your Rights Actually Are Before You Accept ‘No’
Buying something that turns out to be faulty is frustrating, whether it’s a sofa that arrives damaged, a…
Your Rights — The Consumer Rights Act 2015
Goods must meet three statutory standards:
- Satisfactory quality — goods must meet the standard that a reasonable person would regard as satisfactory, taking account of price, description, and all relevant circumstances. This covers: fitness for all the purposes for which such goods are commonly supplied; appearance and finish; freedom from minor defects; safety; and durability.
- Fit for particular purpose — where you made clear a particular purpose before purchasing, the goods must be fit for that purpose — even if it is an unusual purpose.
- As described — goods must conform to any description given by the seller — on packaging, in advertising, on the website, or verbally at the point of sale.
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Within 30 days — short-term right to reject: full refund, no deduction for use. The trader cannot insist on a repair instead.
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30 days to 6 months — one repair or replacement (trader's choice). If it fails, the fault persists, or a repair/replacement is disproportionate, you can claim a price reduction or final right to reject. A deduction for use can only be made on the final right to reject (not on a straightforward repair/replacement failure).
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After 6 months — you must prove the fault existed at the time of purchase (the reverse burden shifts back to you). Claims remain possible up to 6 years from the date of purchase under the Limitation Act 1980.
Common Faulty Goods Claims
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Electronics and appliances — smartphones, laptops, televisions, washing machines, and ovens that develop faults within the first year. Manufacturer warranties are separate from — and do not replace — your statutory rights against the retailer.
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Furniture and home goods — sofas, beds, mattresses, and flooring that are defective, structurally unsound, or not as described. Significant purchases where the retailer is unwilling to accept a return.
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Clothing and footwear — goods that fail within an unreasonably short time of purchase, demonstrating a defect at the time of sale rather than fair wear and tear. Independent expert evidence can confirm a manufacturing defect.
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High-value items and bespoke goods — kitchen installations, bespoke furniture, and fitted bathrooms that are defective, incomplete, or not as described. Claims often involve significant sums and require careful expert assessment of the defects and remedial costs.
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Frequently Asked Questions
The retailer says the fault is wear and tear — what can I do?
Within the first 6 months, it is for the retailer to prove the goods were not faulty at the point of sale — not for you to prove they were. If the retailer claims wear and tear, they must demonstrate this. An independent expert report (from a product testing laboratory or specialist) is often determinative — it confirms whether the failure is attributable to a manufacturing defect or genuine wear and tear from use. A solicitor instructs the appropriate expert and puts the evidence before the retailer. Retailers frequently change their position when independent expert evidence is presented.
The retailer has refused my refund and the goods are over 6 months old — can I still claim?
Yes — up to 6 years from the date of purchase (Limitation Act 1980, s.5). After 6 months, the reverse burden shifts and you must prove the defect existed at the time of purchase. Expert evidence is typically required to establish that the failure mode is consistent with a manufacturing defect rather than misuse or wear and tear. A solicitor advises on the strength of the evidence and the most cost-effective route — small claims court for claims under £10,000, or county court proceedings for larger claims.
Do my statutory rights apply online purchases?
Yes — and online purchases attract additional protections. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you a 14-day cooling-off period from the date of delivery for online and distance purchases — allowing cancellation for any reason (not just fault). The Consumer Rights Act 2015 statutory rights apply on top of this. For faulty goods received online, you can use the 14-day cooling-off right to return the goods within 14 days regardless of fault — and your statutory rights apply for any fault that appears within the relevant period.
Can I claim against the manufacturer rather than the retailer?
Your contractual rights under the Consumer Rights Act 2015 are against the retailer — the party you contracted with. Claims against the manufacturer are generally in tort (product liability) under the Consumer Protection Act 1987, which imposes strict liability on the producer of a defective product for damage caused by the defect (personal injury or property damage exceeding £275 — not just the cost of the product itself). For defective products that have caused personal injury or property damage, the CPA 1987 route against the manufacturer may be more appropriate than the contractual route against the retailer.
The retailer has gone into administration — what can I do?
If you paid by credit card, a section 75 Consumer Credit Act 1974 claim against the credit card provider is usually the most effective route — the card provider is jointly and severally liable for the retailer's breach of contract, regardless of the retailer's insolvency. If you paid by debit card, a chargeback claim through your bank may be available (this is a scheme rule rather than a statutory right but is widely honoured). As a creditor of the insolvent company, you can also lodge a proof of debt in the administration — a solicitor advises on the appropriate route depending on the payment method and the administrator's progress.