> Consumer advice  > Smart shopping  > Warranties

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• Statutory warranties
• Standards you can expect
• Warranty problems
• Your refund rights
• Your obligations as a consumer
• Voluntary warranties
• Purchased and extended warranties

The term ‘warranty' is often used to describe certain promises or guarantees that a seller makes in every sale to a consumer.

There are statutory warranties that apply to all consumer goods and services; there are voluntary warranties or ‘express' warranties offered by manufacturers or some retailers; and traders may also offer to sell an extended warranty that may or may not offer anything in addition to the statutory warranty.

Statutory warranties

Goods must work properly and last for a reasonable time. What is ‘reasonable' depends on the price paid, the type of product and the way it has been described. This requirement is a legal obligation, whether or not the manufacturer or retailer provides a written warranty or guarantee.

Statutory rights apply to all goods or services that you purchase from retailers, wholesalers, service providers or manufacturers. They apply regardless of whether:

• You paid for the product or service by cash, credit, hire purchase, lease or hire
• The goods are new, 'seconds' or second-hand
• There is a written contract in place.

If you do not return the manufacturer's guarantee card or notice provided with the goods you bought, your statutory rights still apply.

Generally, consumer warranties do not apply to goods sold at auction or items sold for commercial use.

There are specific statutory warranties that apply to second-hand motor vehicles and building work.

Standards you can expect

Goods sold to you should:

• Be suitable for their intended purpose or the purpose requested by you.
• Not be faulty in design or construction, unless the item is to be sold as a ‘second', in which case the retailer should point out any defects to you prior to purchase.
• Match the description or sample provided.
• Be unencumbered – which means that you can expect to own outright the goods that you purchase (for example, the goods should not be security for a debt). Any legal restriction on the ownership or use should be fully and clearly explained before the sale.

You can expect that manufacturers will stand by their own warranty or guarantees and will make spare parts available for a reasonable time.

You can expect that services will be carried out with due care and skill. The service should achieve the result or the purpose that was agreed upon prior to work starting. The materials supplied must be fit for that particular purpose and must be of a quality that reasonably will achieve the result that you want. The trader may not be liable if you insist on particular materials being used that or the service to be performed in a particular manner.

Warranty problems

If a product doesn't work or last for a reasonable period of time then the trader is required to remedy the problem. The appropriate remedy will depend on the particular circumstances and may include:

• Refund of the purchase price
• Resupply of the goods or services.
• Repair or replacement of the goods.
• Payment for repair or replacement of an item.

Whether these are provided at no cost or at some cost to you will depend on how long the item has lasted and how long the item would reasonably be expected to last. The trader may also be liable for compensation for any loss caused by the product or service failure under warranty.

Traders cannot exclude, restrict or modify your statutory rights in any way. They risk legal action if they do so or even attempt to mislead you about your legal rights.

Your refund rights

You are entitled to a refund if:

• Goods are faulty or they become faulty soon after buying them (unless you were made aware of the fault before purchasing the goods from the trader)
• Goods or materials used for the provision of services are not fit for their purpose
• Goods don't match the description or sample shown
• Services were not rendered with due care and skill

Retailers must not:

• Refuse to refund the full price of defective goods
• Make a false or misleading representation about a consumer's right to a refund or warranty
• Refuse to provide a refund for goods just because consumers don't have a receipt, provided they have other satisfactory proof of purchase.
• Limit the time in which a consumer can make a claim, within reason.

You are not entitled to a refund if you:

• Simply change your mind about a purchase
• Discover a better deal on offer elsewhere
• Knew about a particular fault before buying the goods
• Cause damage to the goods through misuse or lack of maintenance.

Your obligations as a consumer

To obtain redress you must ensure the goods are not:

• Damaged by being used in an abnormal way or by being neglected
• Disposed of, lost or destroyed.

You must return the goods or give details of the problem to the trader within a reasonable time after you have had a reasonable chance to inspect or use the goods. When returning goods you should provide proof of purchase, such as a receipt or credit card slip.

Voluntary warranties

Voluntary warranties are the written and oral warranties that are commonly supplied with a product or service. Manufacturers and traders are not required by the law to provide a voluntary warranty, but if they offer one then they must honour it. Traders must also honour any promises that they make about the future availability of services, spare parts and replacement parts.

It is important to remember that you are entitled to your statutory rights no matter what terms and conditions might be contained in a voluntary warranty.

If you do not return the manufacturer's warranty or notice provided with the goods you bought, you may void your voluntary warranty, but your statutory rights will still apply.

Purchased and extended warranties

Traders will sometimes encourage you to purchase an extended warranty where no voluntary warranty is given, or pay to extend an existing one. While these are often called 'purchased warranties' or 'extended warranties', they are actually service or insurance contracts and not warranties.

You should be careful to check all of the terms and conditions of any contract before you sign. This will give you the chance to check if the likely benefits of the contract will justify the additional cost and that it is not merely duplicating your existing statutory rights.

Traders who offer such warranties breach the law if they misrepresent the benefits of, or the need for, extended warranties.

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