When you buy a product and it turns out to be faulty, the law is firmly on your side. UK consumer protection legislation gives you clear rights to a refund, repair, or replacement. The seller cannot override these rights, regardless of what their returns policy says.
This guide explains your legal rights when goods are faulty, defective, or not as described, based on the Consumer Rights Act 2015, the primary legislation governing consumer goods in England and Wales. If you need legal advice about a dispute with a retailer or manufacturer, our dispute resolution solicitors can help.
Need legal advice about faulty goods? Speak to our litigation team on 01785 603060 or make an enquiry online.
Your Key Rights at a Glance
- You have 30 days from delivery to reject faulty goods for a full refund
- After 30 days, you must give the retailer one chance to repair or replace
- If the repair or replacement fails, you can claim a refund (which may be reduced for use after six months)
- For the first six months, it is presumed the fault was present at the time of purchase, the retailer must prove otherwise
- You can bring a claim for up to six years after purchase (five years in Scotland)
These rights cannot be excluded or limited by the seller
What Counts as a Faulty Product?
Under the Consumer Rights Act 2015, every product you buy must meet three basic standards. If it fails any of these, it is legally considered faulty, and you are entitled to a remedy.
Satisfactory Quality
Goods must be of a standard that a reasonable person would consider acceptable, taking into account the price, description, and any other relevant circumstances. This covers durability, appearance, finish, freedom from minor defects, and safety. A premium product is held to a higher standard than a budget alternative.
Fit for Purpose
Products must be suitable for their intended purpose, both the obvious purpose and any specific purpose you told the seller about before buying. If you explained that you needed waterproof boots for hiking and the boots leak on the first outing, they are not fit for purpose.
As Described
Goods must match any description given to you by the seller, whether in person, online, on packaging, or in advertising. If a laptop is listed as having 16GB of RAM and it arrives with 8GB, it does not match its description and is legally faulty.
This applies to new and second-hand goods, items bought in-store and online, and goods purchased on hire purchase. It does not apply to defects that were specifically drawn to your attention before purchase, or to faults you should have noticed if you had examined the goods before buying.
Your Remedies: Refund, Repair, or Replacement
The Consumer Rights Act 2015 provides a tiered system of remedies. Your options depend on when you discover the fault.
The 30-Day Right to Reject (Short-Term Right)
If a fault becomes apparent within 30 days of taking ownership (the delivery date, or the purchase date if you collected in store), you have an automatic right to reject the goods and receive a full refund. You do not have to accept a repair or replacement during this period, a refund is your right.
The 30-day period may be shorter for perishable goods. For motor vehicles, you have the right to reject but the seller may make a reasonable deduction for any use you have had.
The Right to Repair or Replacement (After 30 Days)
After the first 30 days, you must give the retailer one opportunity to repair or replace the faulty goods. You can choose whether you want a repair or a replacement, but the seller can refuse your choice if it would be disproportionately costly compared with the alternative.
The repair or replacement must be carried out:
- Within a reasonable time
- Without causing you significant inconvenience
- At the seller’s cost (including postage, labour, and materials)
The Right to a Price Reduction or Final Rejection
If the repair or replacement is unsuccessful, or if the seller fails to carry it out within a reasonable time, you have the right to:
- Keep the goods and claim a price reduction, or
- Reject the goods and claim a refund
If you reject the goods within the first six months, you are entitled to a full refund. After six months, the seller may make a reasonable deduction for the use you have had, but they cannot reduce the refund to nothing.
Burden of Proof: Who Has to Show the Goods Were Faulty?
One of the most important aspects of the Consumer Rights Act 2015 is the presumption about when a fault occurred.
First six months: Any fault that appears within the first six months after purchase is presumed to have been present at the time of delivery. The burden is on the retailer to prove that the goods were not faulty when they were sold to you. This is a significant protection; you do not need to prove the product was defective when you bought it.
After six months: The burden shifts to you, the consumer. You will need to demonstrate that the fault was present at the time of purchase or was the result of an inherent defect rather than normal wear and tear. In practice, this may require an independent expert inspection or report.
This distinction matters in disputes. If a washing machine breaks down after four months, the retailer cannot simply argue that you caused the damage; they must prove it. After six months, you would need evidence (such as an engineer’s report) showing the fault was present from the start or arose from a manufacturing defect.
Time Limits for Bringing a Claim
You can bring a legal claim for faulty goods for up to six years from the date of purchase in England, Wales, and Northern Ireland. In Scotland, the time limit is five years from the date you became aware of the fault.
This does not mean the seller is liable for six years; it means you have six years to start legal proceedings. You still need to prove the goods were faulty at the time of purchase (or that the fault was inherent), which becomes increasingly difficult over time.
For expensive, durable goods, such as kitchen appliances, furniture, or electronics, claims several years after purchase can succeed where the product has failed well short of its expected lifespan.
Second-Hand Goods and Faulty Items
Your rights under the Consumer Rights Act 2015 apply equally to second-hand goods bought from a business. However, the standard of “satisfactory quality” takes into account the age, price, and condition of the goods. You cannot expect a used car with 80,000 miles to perform identically to a new one, but you can expect it to be roadworthy, safe, and free of undisclosed defects.
Your rights do NOT apply to:
- Private sales (e.g., buying from an individual on Facebook Marketplace or at a car boot sale)
- Auction sales where you attend in person (online auction platforms like eBay are covered)
If you buy second-hand goods from a private seller, your only protection is that the goods must match their description. The satisfactory quality and fitness for purpose requirements do not apply to private sales.
The provisions contain many interesting features. Whilst they cover only defects which existed at the time of purchase, they include the presumption that any defects becoming apparent within six months were present at the time of purchase, so for the first six months the 'burden of proof' that the goods were not defective rests with the seller.
Online Purchases and Distance Selling
If you buy goods online, by phone, or by mail order, you have additional rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
You have a 14-day cooling-off period from the day you receive the goods, during which you can cancel the order for any reason; you do not need to show a fault. This is separate from your rights under the Consumer Rights Act 2015 for faulty goods.
If the goods are faulty AND bought at a distance, you benefit from both sets of rights. The retailer must pay the return postage costs for faulty goods, regardless of what their website or terms and conditions say.
If you paid for goods costing between £100 and £30,000 using a credit card, you have additional protection under Section 75 of the Consumer Credit Act 1974. This makes the credit card company jointly liable with the retailer for any breach of contract or misrepresentation.
This means you can claim against the credit card company if:
- The retailer has gone out of business
- The retailer is refusing to honour your rights
- You bought goods from an overseas seller
You only need to have paid part of the purchase on the credit card for Section 75 to apply, even a deposit of £1 on a credit card triggers the protection, provided the total item cost is at least £100.
For purchases under £100, or for debit card transactions, you may be able to use the chargeback scheme to reclaim the payment through your bank or card provider. Chargeback is not a legal right but is part of the card scheme rules and is widely available.
Warranties, Guarantees, and Extended Cover
A manufacturer’s warranty or retailer’s guarantee is in addition to your statutory rights; it does not replace them. Even if a warranty has expired, your rights under the Consumer Rights Act 2015 still apply.
Extended warranties sold by retailers are insurance products. Before purchasing an extended warranty, consider whether your existing statutory rights already provide sufficient protection. For example, a 12-month extended warranty offers little additional value given that the burden of proof is on the retailer for the first six months, and you have up to six years to bring a claim.
Key points:
- A warranty cannot reduce your statutory rights
- You do not need a warranty to claim for faulty goods
- The retailer (not the manufacturer) is legally responsible for faulty goods, even if the manufacturer’s warranty has expired
Under the old regulations, your remedy was to require the seller to give a refund. The new regulations permit you to require a repair or replacement. While replacing faulty items has been standard practice in many cases, it has not been a requirement before. If a repair or replacement is not possible, you can insist on a refund of the whole or part of the purchase price as appropriate.
When to Get Legal Help
Most faulty goods disputes are resolved directly with the retailer. However, there are situations where legal advice is valuable:
- The goods were high value and the retailer is disputing liability
- You have suffered a personal injury or property damage caused by a defective product
- The retailer has gone into administration or insolvency
- Your claim exceeds the small claims limit (£10,000)
- The dispute involves complex issues such as hire purchase, finance agreements, or international purchases
- You have been offered a settlement that you are unsure about
Under the Consumer Protection Act 1987, manufacturers and importers are strictly liable for personal injuries and property damage caused by defective products, regardless of fault. If a faulty product has caused injury or damage, you should seek legal advice promptly.
Consumer law solicitors at Pickering & Butters can advise on all aspects of consumer disputes, from initial complaints through to court proceedings.
