Unsafe products (goods)
Every time we buy something we are making a legal contract.
When we buy something, it should be safe and shouldn’t cause you any harm. What are your rights if a product you buy is unsafe?
When we use the word product or goods, we mean the same thing, goods.
The law states
Everything you buy must be
Of satisfactory quality
Fit for purpose and
As described
In practice this means the product must be safe when used in a normal or reasonably foreseeable way. Products must not be faulty; they must match any description given and be fit for the purpose you bought them for.
This guide will talk about general safety of products. Some products have special laws that cover them, such as electrical equipment, cosmetics, and toys. PLEASE SEE OTHER GUIDES.
When deciding whether a product is safe, the following things are considered (all these things apply to new and second hand products):
The characteristics of a product (how it is made, packaging and any instructions for how you put it together)
The effect of the product on other products it is used with
Its labelling, warnings, and any instructions for use and how you throw it away
The types of people using the product, for example is it designed for children?
What if product is unsafe...
Stop using the product straight away. Take a photo / video of the product and make a note of the make, batch, serial or model number (if possible). See if you can find any instructions, any packaging and proof of how you bought it.
If you have concerns about a product, you can check the manufacturer’s (business who made the product) website for information and view the list of recalls and safety notices on the Chartered Trading Standards Institute website.
If the goods are unsafe, the business is in breach of contract. You have a legal right to seek a solution.
You have 30 days from the day after you bought the product to get a full refund. You can decide not to ask for a refund or if 30 days has passed you can ask the business to repair or replace the item at their expense. The business must prove the item was sold without fault for the first six months after you’ve bought it. After the first six months, it is for you to prove the item was faulty.
You do not have to give the business more than one chance to replace the product if they are faulty. If the repairs or replacement are unsuccessful, are impossible, too expensive or cannot be carried out within a reasonable time and without causing significant inconvenience, you can ask for a price reduction. Once this has been agreed it needs to be given to you at the latest within 14 days.
What should I do?
Speak to the business, ask them for what you want. If this does not work, then you would need to email or write to them and include any other information you may have such as photos / videos of the product and information on the make, batch, serial, or model number. See if you can find any instructions, any packaging and proof of how you bought it.
Rules for life
Be polite
Be clear in what you want
Keep a record of all letters and communications
If the business disputes what you are saying, direct them to this website, businesses need to know their rights as well.
For further advice contact Citizens Advice Consumer Service 0808 223 1133.