Sale of goods

When consumers purchase goods they have statutory rights. These rights include that the goods sold are as described and of satisfactory quality. So long as customers tell the trader that the goods are not as described or not of satisfactory quality, they are entitled for a refund.

For example, a customer who orders a gin and slimline tonic but is served a gin and regular tonic is entitled to a refund. The law makes no provision for exchanges. However, in this scenario the customers would probably be happy to accept a replacement drink.

Supply of services

When consumers purchase a service, such as a meal in a restaurant or accommodation in a hotel, they are entitled to certain standards. The service should be carried out with reasonable care and skill and within a reasonable period of time. Therefore, a person who orders a meal in a restaurant and is made to wait an unreasonable period of time before the meal is served is entitled to either a full or partial refund to reflect this.

If a consumer feels that their complaint has not been sorted out to their satisfaction, they may pursue their claim through the small claims court. If a claim goes to court then both sides will be invited to put their views across and, based on the information heard, the district judge will make a decision.

Persistent offenders

If traders persist in a course of conduct, civil or criminal, which is felt to be detrimental to the interests of consumers or unfair, the Office of Fair Trading can seek a Part III assurance under The Fair Trading Act 1973. This assurance prevents the trader from continuing in their offending course of conduct. A breach of the assurance will be subject to penalties.