“No sir, you bought your product over a year ago so it’s no longer covered by its guarantee.” Ever heard that before? Yes? Well don’t be fobbed off again!

Under EU Law shoppers can return faulty goods up to 6 years after they were bought and it is the retailer’s responsibility either to put the product right or provide a partial or full refund.

At the moment many retailers are denying shoppers their rights, sometimes because the shop assistants simply do not know the law or because management think they can get away with it. And by and large management are right!

But do not be fooled. The existence of a standard 1 year guarantee from the manufacturer tends to confuse the situation but after that guarantee expires the retailer assumes responsibility for the product.

Here are the key facts of the Law:

Key Facts:• No matter where items are bought from they must “conform to contract”. This means they must be as described, of satisfactory quality (i.e. not intrinsically faulty when purchased) and fit for purpose.

• Items are of “satisfactory quality” if they reach the standard that a sensible person would regard as satisfactory. This takes into account the product description and its price.

• Aspects of quality include fitness for purpose, finish and appearance, freedom from minor defects, safety and durability.

• It is the retailer, not the manufacturer, who is responsible if items do not conform to contract.

• If at the time of sale, items do not conform to contract, purchasers can request their money back “within a reasonable time”. (The law does not define “reasonable time” and that will depend on the circumstances)

• For up to six years after you have purchased the item (five years in Scotland) buyers can demand damages (which the court will associate with the cost of a repair or replacement).

• A private buyer purchaser who is a consumer ( i.e. has not bought the item in the course of a business), can request either a repair or replacement.

• If repair or a replacement is too costly or not possible, then the purchaser can demand a partial refund, if they have enjoyed some benefit from the item, or a full refund if the fault means they have enjoyed no benefit whatsoever.

• In general, it is the purchasers’ responsibility to prove the item was inherently faulty (i.e. did not conform to contract) and should have reasonably lasted until this point in time (for example, a loaf of bread would not be expected to last for six years!)

• If a consumer elects to request a replacement or repair, then for the first 6 months after purchase it becomes the retailer’s responsibility to prove that the item did conform to contract (i.e. the item was not inherently faulty)

• After 6 months and until the six years is complete, the consumer has to prove that the item was faulty (i.e. did not conform.)