Consumer Rights When Something Breaks
Consumers in most developed jurisdictions have statutory rights when goods are faulty, and these are separate from and additional to any manufacturer guarantee.
The most useful thing to know is that the statutory right is against the retailer who sold the item, not the manufacturer. Retailers frequently attempt to redirect customers to the manufacturer, and this is generally incorrect.
The core entitlements
Goods must generally be of satisfactory quality, fit for purpose and as described.
Where they are not, remedies typically include repair, replacement or a refund, with the available remedy often depending on how long you have had the item.
Many systems provide a short initial period during which a full refund can be demanded outright, followed by a longer period during which repair or replacement is the primary remedy.
Burden of proof shifts over time
For an initial period — six months in several jurisdictions — a fault that appears is generally presumed to have been present at purchase, and the retailer must prove otherwise.
After that period, the consumer may need to demonstrate that the fault was inherent rather than caused by use or accident. An independent report can establish this and the cost is sometimes recoverable.
Overall time limits for bringing a claim are considerably longer than most people assume — commonly several years — which means a premature failure two years in may still be actionable.
Warranties and extended warranties
A manufacturer's guarantee is a contractual promise additional to statutory rights. It cannot remove them.
Extended warranties sold at the point of purchase frequently duplicate protection you already have by law for part of their term, which is worth considering before buying one.
Making a claim effectively
Contact the retailer in writing, describing the fault, when it appeared, and the remedy you are seeking. Reference your statutory rights rather than the warranty.
Keep proof of purchase, though in many systems a bank statement or other evidence suffices where a receipt is lost.
Be specific and reasonable. Escalate in writing if the first response is unsatisfactory, and ask for the complaints procedure.
Additional routes
Paying by credit card frequently provides an additional claim against the card issuer in several jurisdictions for goods above a threshold, which is valuable where the retailer has ceased trading.
Chargeback through a debit or credit card scheme is another route, subject to time limits.
Alternative dispute resolution schemes and ombudsman services exist in many sectors and are usually free to consumers.
Digital content and services
Most modern consumer legislation extends similar protections to digital content and services, which is relevant for software, downloads and subscriptions that do not work as described.
This article is general information and not legal advice. Consumer law varies by jurisdiction; check the rules that apply where you purchased.
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