To Which Businesses Does The Law Apply?
The law applies to all businesses where retail sales to consumers are conducted. It does not apply to businesses where ALL their sales are other than by retail (eg wholesale businesses which only deal with other traders).
What Does The Law Prohibit?
The law prohibits the display of signs or notices which state or imply that a consumer, with a genuine complaint, would not be able to pursue their claim against the trader.
What Are The Customer's Rights?
If goods are faulty, or not fit for their stated purpose, or not as described then the customer may be legally entitled to a full refund.
What Statements Are Prohibited?
Any statement which would cause a reasonable person to conclude that they would not be able to pursue a justified claim against a retailer would be prohibited and therefore illegal. Examples of statements which the Courts have deemed illegal are:-
- No cash refunds.
- No sale goods exchanged or money refunded.
- Sold as seen and inspected.
- Please examine your goods with care because our liability ends once they leave the premises.
- No refunds or exchanges without a receipt.
How Does the Law Apply to the Sale of Seconds or Rejects?
Unless specific faults are pointed out to the customer at the time of purchase, the law will apply in exactly the same way, and the customer's legal rights remain the same. If a fault is pointed out to a customer before a purchase is made, then no claim can be made in relation to that fault. However, if a separate fault develops, the customer may be entitled to a refund.
Therefore, even in relation to the sale of seconds or rejects, it is illegal to display a notice which indicates that no redress will be made in the case of a complaint.
Does the Law Apply Only to Notices?
No, such statements are also illegal if used in the following circumstances:-
- published in an advertisement,
- marked on goods, and
- included on a document given in relation to a consumer sale, eg order form, invoice, delivery note.
This leaflet is a brief summary of the law and is intended for general guidance only and should not be taken as being an authoritative legal document. For specific advice please contact Wigan Trading Standards.
