Every time you buy something from a business or sole trader you are entering a sales contract. You don\u2019t need to sign anything or even speak to the trader to form a contract \u2013 just the act of paying for an item is enough.<\/p>\n
Businesses generally can\u2019t opt out of their consumer law obligations by using a disclaimer or putting a sign up in the shop.<\/p>\n
Sales contracts can contain both general and specific terms. General terms cover factors such as whether an item is as durable as other, similar, items and whether it meets industry standards. Specific terms cover things such as the description and quantity of an item that you specially agreed with the trader when you entered the sales contract. <\/p>\n
Goods are physical things that you can move and transport. They do not include houses and apartments. <\/p>\n
Goods also include physical items with digital elements, like smartphones or games consoles with pre-loaded games. Different consumer rights apply to purely digital products, like phone apps.<\/p>\n
Under consumer law, goods must be \u2018in conformity with\u2019, or meet, any general and specific terms in a sales contract. In other words, the item you have bought must do what an average consumer would expect that type of item to do and match any requirements you made clear to the trader when you bought the item.
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You have bought a kitchen bin with a foot pedal that controls the lid. When you start to use it at home, the foot pedal sticks and you need to close the lid with your hand. The bin is not in conformity with the sales contract you entered because a key feature does not work as expected.
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If, however, a business draws your attention to a minor issue with an item before you buy it \u2013 and you still choose to purchase it \u2013 you cannot later complain that the item was faulty or otherwise did not meet the sales contract.<\/p>\n
The general terms are the basic requirements in any consumer contract. The standard of the goods for sale must be what a consumer would normally and generally expect from the same type of goods.<\/p>\n
In particular, the goods must be:<\/p>\n
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The item you buy must be of the same quality and match the description of any sample or display model.\t\t<\/div>\n\n\t\t<\/p>\n
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You buy a hairdryer. When you take it out of the packaging, you see it has a two-pin plug. You can\u2019t use the hairdryer because it isn\u2019t compatible with three-pin sockets. You can take it back to the shop and get a refund or you can request a replacement that has a three-pin plug.
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The kettle you bought says \u201cbrings water to the boil in two minutes flat\u201d on the packaging. It actually takes at least five minutes, even with the kettle only half full. You take it back to the shop request a repair, a replacement or a refund.
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If the retailer says that an item has a feature that means it no longer meets all the general contract terms, and you clearly accept this, you cannot then return the item because of that same feature.
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You see a coffee table for sale in your local furniture shop. When you go to the counter to buy it, the shop assistant points out that there\u2019s a small scratch on the leg of the table. The shop has reduced the price because of this. You hardly notice the scratch and are happy to pay the reduced amount for the table.
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You cannot hold a retailer responsible for any claims or statements about an item if:<\/p>\n
As well as meeting the general terms in the sales contract, goods must also match any specific terms relating to:<\/p>\n
You order a new smartphone. When it is delivered, you realise you got the previous version instead of the latest one. The phone is otherwise fine. The goods do not conform to the sales contract because you specifically ordered the latest model.
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If the goods don’t meet one or more of the general or specific terms of the contract, you are entitled to have the business or trader fix the issue. You have a number of options if there is a problem with goods<\/a> you have bought, including if the goods are faulty<\/a>.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" Every time you buy something from a business or sole trader you are entering a sales contract. You don\u2019t need to sign anything or even speak to the trader to form a contract \u2013 just the act of paying for …<\/p>\n","protected":false},"author":244,"featured_media":0,"parent":840,"menu_order":2,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"tags":[],"class_list":["post-21655","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n