New rights to return faulty goods

New rights to return faulty goods

By Sarah Toyne BBC News Online consumer affairs reporter

Sleep easy: Consumers will have more rights

Consumers will have a better chance of returning faulty goods under long-delayed European consumer laws being introduced next week.

The UK government will formally announce the new regulations on Thursday, with the new laws coming into effect from Monday 31 March.

The changes are good news for consumers, despite the delay, and will eventually improve rights for cross-border shoppers.

In essence, consumers will now have a specific right to demand repair, replacement, partial or a full refund on any goods that were faulty when bought.

Under existing legislation, the onus is on the buyer to prove the goods were defective.

These new rules will strengthen our laws and offer further protection for shoppers if a product they buy is faulty

Melanie Johnson, consumer affairs minister

But it will now be up to the retailer to prove they were not, as long as the complaint is made by the consumer within six months.

Melanie Johnson, consumer affairs minister, said: "These new rules will strengthen our laws and offer further protection for shoppers if a product they buy is faulty.

"The changes coming into force will also ensure that consumers have the confidence to shop across borders in Europe knowing they will be protected."

Law change

After the six month time period, consumers will have up to six years (or five years in Scotland) to seek redress, but the onus shifts back onto the consumer.

Maggie Gibbons-Loveday, chairman of the Trading Standards Institute, said: "The new regulations are extremely good news for consumers.

Countries that have adopted the directive*

Austria

Denmark

Germany

Greece

Finland

Italy

Sweden

UK

Ireland

Notified the European Commission by 26 February 2003

"Responsible retailers should not find the new regulations to be a problem. I believe they put into law what is currently considered 'good practice'."

In another important change, any guarantee offered with goods is now legally binding, must be written in plain English and explain how to make a claim.

It must also be available for viewing by consumers before purchase, or if the retailer can not show it to them, they must send the customer a copy in the post or via e-mail.

Hamish Thompson, a spokesman for Dixons Group, one of the biggest retail chains in the UK, said its staff would be fully briefed about the changes.

"We are very confident that our staff are well placed to provide the right advice and act well within the changes to the legislation," he told BBC News Online.

European rights

The UK has pressed further ahead with adopting the directive than some other EU members, although it was threatened with infringement proceedings at one stage.

As of 26 February, the European Commission had still not received notification from six member states to say they had updated domestic laws to reflect the legislation.

And, with France and Spain still to change their laws, consumer activists may have to delay asking for refunds for CD players bought on holiday in France or faulty sun beds from Spain.

Consumers should have at least two years to complain about defective goods, under the minimum standards stipulated in the directive.

The small print

There are some exceptions in the regulations.

It does not apply to services in general nor do they apply to second hand goods sold at auctions that the consumer has the opportunity of attending in person.

But the new regulations will also apply to the hire of goods and hire-purchase agreements, the government has said.

It will require a lot of publicity

David Sanders, lawyer

Consumers should also be able to seek redress for bad installations or if goods do not meet up to "public statements" made about it by the retailer, manufacturer, importer or producer.

"It is a very significant change," said David Sanders, TSI lead officer for civil law.

"It will require a lot of publicity and there needs to be a general agreement with the retail trade. If we get that, then it will work."