Shoppers' rights 'under threat'

Consumer rights are often misunderstood by shoppers

UK shoppers' rights to reject faulty goods could be weakened under new European rules, two Law Commissions have said.

Consumers are entitled to reject faulty goods and get their money back if they act "within a reasonable time".

But if the European rules were to come into force, consumers would only be entitled to a repair or replacement if their purchase was faulty.

The Law Commissions said that the right to a refund should be retained.

The Department for Business has agreed with the conclusion, describing it as the "cornerstone" of UK consumer protection.

'Strong support'

The Law Commission of England and Wales and the equivalent body in Scotland are independent groups that keep the law under review and suggest reform when appropriate.

CURRENT UK CONSUMER RULES When a shopper buys an item it should be as described in the shop or website and of satisfactory quality If it is faulty, or wrongly described, the consumer has the right to a refund, replacement or repair However, the complaint should be made "within a reasonable time". This generally means getting a refund if it is returned within a month For the first six months, the retailer must prove the product was satisfactory when bought if they turn down a replacement or repair For the next six months, the consumer must prove there was something wrong on purchase to get a replacement or repair

In a poll of consumers, 94% of those asked told the commissions that they valued the right to reject faulty goods very highly.

"We recommend that the right to reject should be kept as a short-term remedy of first instance. It is a simple remedy which inspires consumer confidence," the commissions' report says.

"Consumers know that they can get their money back if the product is not as promised, provided they act quickly. This makes them more prepared to try unknown brands and new retailers."

However, the commissions said that there was confusion over the current rules, especially how long a consumer has to return a faulty item and be entitled to a refund.

It has proposed that instead of the "reasonable time" outlined in the law, this should be set at about 30 days, but with some flexibility.

As a result, perishable goods could only be rejected within a shorter period of time, with more time given to - for example - a shopper who has bought a lawnmower in October, or a Christmas present bought in November.

The report added that shoppers should be entitled to a refund if a product still did not work after one repair or replacement, instead of going to and fro to the retailer.

Minor defects

Under the proposed European rules, a minor imperfection on something like a personal music device might only prompt a discount, rather than a repair.

is a cornerstone of the UK consumer protection regime and highly valued by the public Department for Business

The commissions said they were concerned that removing the right to a refund for minor defects would lead to unnecessary disputes.

"Consumers often care a great deal about the appearance of new consumer goods. What is minor to the retailer may not be minor to the consumer," the report said.

"A risk is that traders might argue that any fault is minor, so that refunds will no longer be offered in practice."

The commissions also argued against a two-year cut-off point for complaints, as some products - such as water pipes - were expected to last for much longer.

A spokesman for the Department for Business said: "We agree with the Law Commission's recommendation that the right to reject faulty goods must be retained in UK law.

"It is a cornerstone of the UK consumer protection regime and highly valued by the public.

"We are continuing to work on securing an amendment to the proposed directive which will retain the right to reject for UK consumers. We are optimistic that we will be able to achieve a satisfactory solution."

At present, shoppers do not have the right to return products bought in shops if they simply do not like them. However, goods bought on the internet can be returned within seven working days, for any reason.