Statutory rights
Buying from abroad?
Be aware that if you make a contract with someone in a different country, a different law may apply. If you buy from a country within the EEA over the internet, most or your rights will be the same as ours. But if you buy something from a seller in New York, American law will usually apply.
As well as the terms and conditions that you agree, the law sometimes puts other terms and conditions into your contract to make it fairer. These are often referred to as "statutory rights". You can rely on these rights whether they have been agreed or not. Statutory rights usually come up when you are buying goods or when you pay someone for a service, like a holiday company or a builder.
Here are a few examples of when your statutory rights would apply:
- You are buying a new TV - the law says it must be safe to use and of a quality that most people would be happy with it.
- If you see a T-shirt advertised as 100% cotton, it mustn't be made out of anything else because goods have to match their description.
- If you have call in a plumber to sort out a drainage problem - they have to carry out the job to a standard you would expect of a decent plumber. So, if the plumber botches the job, they have broken the contract.
Warning!
You have less statutory rights when you buy goods privately. This means that the seller is not acting in the course of their business. The difference is that the thing you are buying only needs to be ‘as described’. For example, it's a private sale when you buy a car from an individual owner who is not in the car trade. Also, watch out for traders posing as private sellers - they are trying to make you think you don't have rights when you do!
If you buy something and later realise it's faulty, it is your statutory right to take it back to the shop and get your money back, no matter what the shop's refund policy is.
But if there is no problem with the goods and you simply change your mind, the shop only has to follow its own refund policy. This is often set out in a notice next to the till and is one of the terms of your contract.
To find out more about your statutory rights, have a look the Links to other websites on the right.
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