273 lines
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Executable File
273 lines
18 KiB
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Executable File
<?xml version="1.0"?>
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<cms:item xmlns:cms="http://www.arsdigita.com/cms/1.0" xmlns="http://www.esd.org.uk/standards/esdbody" oid="[com.arsdigita.cms.contenttypes.ESDService:{id=787}]"><cms:name>advice-to-consumers-787</cms:name><cms:language>en</cms:language><cms:title>Advice to Consumers</cms:title><cms:dublinCore oid="[com.arsdigita.london.cms.dublin.DublinCoreItem:{id=787}]"><cms:name>advice-to-consumers-787-dublin-metadata</cms:name><cms:dcAudience>General Public</cms:dcAudience><cms:dcCoverage>content="99XX" scheme="ONS SNAC"</cms:dcCoverage><cms:dcCoveragePostcode/><cms:dcCoverageSpatialRef/><cms:dcCoverageUnit/><cms:dcDateValid/><cms:dcDisposalReview/><cms:dcLanguage>en</cms:dcLanguage><cms:dcTemporalBegin/><cms:dcTemporalEnd/><cms:dcCreatorOwner>LAWS Project - Starter Kit - http://www.laws-project.org.uk</cms:dcCreatorOwner><cms:dcCreatorContact>LAWS Project - Starter Kit - http://www.laws-project.org.uk</cms:dcCreatorContact><cms:dcPublisher>Tameside MBC - LAWS project - http://laws.tameside.gov.uk</cms:dcPublisher><cms:dcRights/><cms:dcKeywords>advice, consumers</cms:dcKeywords></cms:dublinCore><cms:textAsset oid="[com.arsdigita.cms.TextAsset:{id=787}]"><cms:content><![CDATA[<h2>Environmental Services</h2><span class="gen">email address here</span><span class="gen">phone number here</span><span class="gen">sms phone number here</span><span class="gen">fax number here</span><span class="gen">minicom number here</span><p><i>When you buy goods from any business you have certain civil rights. </i></p><hr/><h2>What rights do
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I have if I buy faulty goods?</h2><p> The goods must be:</p><ul>
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<li title="*">must be
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of 'satisfactory quality'. The goods must be free from defects except
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when they have been brought to your attention</li>
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<li title="*">must be 'fit
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for their purpose'. The product must be able to do what it was sold to do.
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The product must also be able to do anything the seller says it will do. </li>
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<li title="*">must be 'as described'
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on the package or display sign. If you buy a food product with a label stating
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that it is 100% fat free, then that is what you should get.</li>
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</ul><p> If the goods do not meet
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these standards you are entitled to reject them and get your money back, if
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the goods are returned within a "reasonable" period (normally a few
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weeks). You do not have to accept a repair, a credit note or replacement (although
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you may want to consider this if you've had the goods for some time).</p><p>You also have the right
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to require the seller to repair or replace the goods within a reasonable time
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and without causing you significant inconvenience. If this would be impossible
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or disproportionate (eg. the cost of a repair would be more than you paid for
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the item), or the retailer does not repair or replace without inconvenience
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within a reasonable period you can require them to reduce the price of the goods
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by an appropriate amount or rescind the contract.</p><p>Some retailers may argue
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that any fault is a result of you damaging the goods in which case you would
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need to prove that this is not the case, perhaps by obtaining an independent
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expert opinion. Ultimately you might have to prove your case in Court. If you
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had to pay for an expert opinion you can claim the cost of this as well as the
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refund.</p><h2>What about services rather than
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goods?</h2><p>When you purchase a service
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such as having a car repaired or employing a builder to carry out some work,
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you are legally entitled to certain minimum standards of service. The service
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should be carried out:</p><ul>
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<li title="*">with reasonable
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care and skill </li>
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<li title="*">within a reasonable
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time</li>
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<li title="*">for a reasonable price
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- providing the cost was not agreed beforehand</li>
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</ul><p> If these requirements are
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not met, you may be able to sue the trader for compensation. Alternatively,
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the person or organisation may be a member of a trade association or other professional
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body to whom you can complain; be regulated; or have a Code of Practice which
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they may have to abide by.</p><h2>The shop wants to carry out a repair
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- What if they are still faulty?</h2><p>You
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have the same rights as before you agreed to the repair - prior to having the
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repair carried out, let the shop know you are reserving the right to reject
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the goods if the repair is not carried out satisfactorily. You should give the
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vendor a reasonable opportunity to repair goods - especially if the fault is
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minor and the goods can be put into new condition.</p><h2>Do I need a receipt to get a refund?
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</h2><p>Basically, the answer is
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no but you will need another proof of purchase. This could be a bank statement
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indicating the purchase, credit card counterfoil or even a witness who saw you
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make the purchase. A receipt however is obviously the best proof of purchase
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you can get so look after it until you are sure that the goods are okay.</p><h2>The goods I wanted were marked at
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a low price but the shop refused to sell them to me. Can they do this? </h2><p>Yes. A shop is not required
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to sell you anything, or at any price on display. They are making what's called
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an 'invitation to treat', which can be withdrawn at any time. However, price
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indications should not be misleading as it could be an offence under the Consumer
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Protection Act 1987. If you think you are being mislead, you should report it
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to Trading Standards.</p><h2>What if the shop tells me to 'get
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lost'?</h2><p>If the shop ultimately refuses
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to refund your money and you feel you have a good case you must take action
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yourself. If the value you are claiming is less than £5,000, you can use
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the small claims procedure. This procedure is designed to be as simple and inexpensive
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as possible. If the claim is over this amount, you can still take action to
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recover the total claim through the County Courts.</p><p>It would be advisable to
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seek advice first, either from the
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<a href="http://www.nacab.org.uk/">
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<strong>Citizens
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Advice Bureau</strong>
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</a> <span class="gen">link to external website</span> or a Solicitor.</p><h2>What if someone else buys me a gift
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and it's faulty?</h2><p>Strictly
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speaking the contract for the sale of the goods is between the seller and the
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purchaser, not you. Your friend will have to take the gift back. Generally,
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most stores will deal with you if you have proof of purchase, out of goodwill.</p><h2>Are there any times when I will
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not be entitled to my money back or to exchange the goods?
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</h2><p>Yes:</p><ul>
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<li title="*">If you
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have held onto the goods for a long period of time, you may be deemed to
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have 'accepted' them. </li>
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<li title="*">If you were told about
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any faults before you bought the goods.</li>
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<li title="*">If you did the damage
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yourself either by ignoring advice about using the goods or through lack
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of care. </li>
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<li title="*">If there is nothing
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wrong with the goods and you have just changed your mind. (Some shops may
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agree to accept the return of the goods as a gesture of goodwill).</li>
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</ul><h2>What if I buy goods in a sale?</h2><p>If you buy goods in a sale
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your statutory rights still apply, however if the shop draws specific defects
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to your attention then you have no rights in relation to those defects. If there
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are any signs stating no refunds, this should be reported to Trading Standards.</p><h2>Can I take secondhand goods back
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if they are faulty?</h2><p>Yes, when you buy secondhand
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goods you have the same rights as when you buy new, however you must remember
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that you cannot expect the same quality or durability from secondhand goods,
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and this must be taken into account.</p><h2>What rights do I have if I buy goods
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from a private individual?</h2><p>Unfortunately, not many!
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The Sale of Goods legislation does not apply, although if goods do not meet
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the description given by the seller you may be able to take action for breach
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of contract. You should be aware of traders who pretend to be private sellers
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in order to avoid statutory liabilities, and if you suspect a private seller
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is really a trader then Trading Standards should be contacted.</p><h2>Should I buy goods with a credit
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card?</h2><p>Yes, if the goods cost between
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£100 and £30,000 then the credit card company is equally liable
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for any claim you have against the seller, which can be particularly useful
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if the trader has gone out of business. You should first attempt to solve any
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problems with the trader.</p><h2>I have bought something on credit.
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Can I cancel it?</h2><p> You can usually only cancel
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a credit agreement if it was made with the supplier in person (not over the
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'phone), and if the agreement was signed 'off trade premises', for example if
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it were signed at your home. The agreement will tell you whether you have a
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right to cancel and how much time you have in which to do it.</p><h2>Can I get my money or deposit back
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if I change my mind?</h2><p> No. Under the law a trader
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only has to refund your money if the goods are faulty or not as described. You
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have entered into a contract, and if you have just changed your mind and want
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your money back the shop is under no legal obligation to refund it to you.</p><p>As a matter of company policy
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and to retain customer goodwill many traders will let you exchange items or
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offer a credit note, but they are not obliged to.</p><p>Similarly, if you have left
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a deposit you are agreeing to a contract and unless it is stated on your receipt,
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or on a notice in the store, it is not refundable unless the store is unable
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to fulfil it's part of the contract. </p><h2>It's broken and the Guarantee has
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just expired. What are my rights?</h2><p> When you purchased the
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goods you entered into a contract with the Retailer not the Manufacturer. This
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contract is governed by the Sale of Goods Act 1979 (as amended) which says that
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you are entitled to expect the goods to be of "satisfactory quality".
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This means they should not be faulty or unsafe, and be reasonably durable etc.
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The Act gives you rights for up to 6 years.</p><p>You can claim "reasonable
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compensation" which is usually the cost of a repair (or the goods being
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repaired by the retailer).</p><p>However, the retailer may
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argue that any fault is a result of fair wear and tear in which case you would
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need to prove that it is not, perhaps by obtaining an independent expert opinion.
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Ultimately you might have to prove your case in Court. If you had to pay for
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an expert opinion you can claim the cost of this as well as the refund.</p><h2>I have received a gift but it's
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faulty. What are my rights?</h2><p> Historically, as the contract
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for the sale of the goods is between the seller and the purchaser, only the
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purchaser could exercise Rights in respect of faulty goods. Most stores will
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deal with the receiver of a gift, if they have proof of purchase, out of goodwill.</p><p>A recent change in the law
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has said that third parties, clearly identified at the time of sale, will have
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Rights under the contract too. Therefore if you purchase a gift you should let
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the seller know at the time of purchase, telling them the name of the receiver
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of the gift. If possible, get the fact you have advised them acknowledged in
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writing, perhaps by getting an appropriate note written on the receipt.</p><h2>The goods I ordered are late arriving.
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What can I do?</h2><p> Traders are only required
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to deliver goods within a "reasonable" time so it would be necessary
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to take the matter to court to decide whether the time that has elapsed is unreasonable.
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If it is the contract to purchase can be cancelled.</p><p>If you feel an unreasonable
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time has passed you should "make time of the essence" by writing to
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the company, quoting a fixed date by which time delivery should take place.
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If this period elapses you would then be entitled to cancel the contract provided
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you yourself have set a reasonable time limit (eg. don't write and demand delivery
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the next day!).</p><p>You can of course avoid
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the latter stage by making "time of the essence" when you originally
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make the purchase.</p><h2>How can I find out about complaints
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about a service or goods supplied by a private company? </h2><p>You
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have basic legal rights when you buy goods or services. The acts of parliament
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that cover your rights when you are buying goods or a service are the Sale of
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Goods Act 1979 and the Supply of Goods and Services Act 1982.</p><h2>How can you help me?</h2><p>We may be able to give you
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free advice on how to complain. We can also investigate false or misleading
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descriptions or prices.</p><h2>What does the service do? </h2><ul>
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<li title="*">We enforce a wide range
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of legislation to protect consumers and honest traders</li>
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<li title="*">We enforce laws covering
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the quality, quantity, safety, price, description of good and services e.g.
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short measure beer, unsafe toys, falsely described holidays and "clocked" cars.</li>
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<li title="*">We enforce laws to
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prevent children buying cigarettes and fireworks</li>
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<li title="*">We investigate complaints
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from the public about traders</li>
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<li title="*">We advise consumers
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and traders about their right and obligations e.g. refunds for faulty goods</li>
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<li title="*">We visit trade premises
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and projects to make sure they keep to the law</li>
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<li title="*">Where appropriate,
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we warn or prosecute traders</li>
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<li title="*">We also administer
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street trading and markets. We give a range of licences including entertainment,
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night cafes and fireworks. We deal with food premises, health and safety
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and infectious diseases.</li>
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</ul><h2>How can I help you?</h2><ul>
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<li title="*">When you contact us,
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have all your paperwork with you, which is relevant to the issue you are
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enquiring about</li>
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<li title="*">Keep all original documents
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and items in a safe place in case they are need in future</li>
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<li title="*">If you write to us,
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please give us your daytime phone number, if you have one</li>
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<li title="*">If you reply to our
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letters, please use our reference number</li>
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<li title="*">Please let us know
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about any developments in your case</li>
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</ul><h2>How can you contact us?</h2><p>By using the contact details at the top of this page. </p><h2>Who else can help me?</h2><p>If the company is a member
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of a trade association, they are likely to set service standards. You should
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contact them - they may run a mediation service.</p><p>You may also contact your
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local
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<a href="http://www.nacab.org.uk/">
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<strong>Citizens Advice Bureau</strong>
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</a>
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.<span class="gen">link to external website</span> They can help
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you on shopping problems. They can also advise you about how to take court action.</p><p>You may also find the following
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websites useful:</p><ul>
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<li title="*">
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<a href="http://www.hmso.gov.uk/">
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<strong>Her Majesty's Stationery Office (HMSO)</strong>
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</a>
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<span class="gen">link to external website</span>
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<br/>
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Provides full text of Acts of Parliament from 1988, plus access to Inforoute,
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the Government's Information Asset Register.</li>
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<li title="*">
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<a href="http://www.defra.gov.uk/">
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<strong>Department
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for Environment, Food and Rural Affairs (Defra)</strong>
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</a>
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<span class="gen">link to external website</span>
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<br/>
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Defra works for the essentials of life - water, food, air, land, people,
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animals and plants</li>
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<li title="*">
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<strong>
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<a href="http://www.tradingstandards.gov.uk/">Trading
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Standards Central</a>
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</strong>
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<span class="gen">link to external website</span>
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<br/>
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A one stop shop for consumer protection information in the UK. Provides
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information for businesses and consumers. </li>
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<li title="*">
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<strong>
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<a href="http://www.hmce.gov.uk/">HM
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Customs and Excise</a>
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</strong>
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<span class="gen">link to external website</span>
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<br/>
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Provides information and advice for the public and for businesses.</li>
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<li title="*">
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<strong>
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<a href="http://www.oft.gov.uk/">Office
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of Fair Trading (OFT)</a>
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</strong>
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<span class="gen">link to external website</span>
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<br/>
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The OFT is designed with two purposes: to protect consumers and explain
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their rights; and to ensure that businesses compete and operate fairly.</li>
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<li title="*">
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<strong>
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<a href="http://www.dti.gov.uk/">Department
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of Trade and Industry (DTI)</a>
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</strong>
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<span class="gen">link to external website</span>
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<br/>
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Working with businesses, employees and consumers to drive up UK productivity
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and competitiveness to deliver prosperity for all.</li>
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<li title="*">
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<strong>
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<a href="http://www.fsa.gov.uk/">Food
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Standards Agency (FSA)</a>
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</strong>
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<span class="gen">link to external website</span>
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<br/>
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An independent food safety watchdog set up by an Act of Parliament in 2000
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to protect the public's health and consumer interests in relation to food.</li>
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</ul><span class="gen">email address here</span><span class="gen">phone number here</span><span class="gen">sms phone number here</span><span class="gen">fax number here</span><span class="gen">minicom number here</span><span class="gen">postal address here</span><h3>
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<a href="/ccm/services/pid.jsp?pid=787"> Providing Information
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(787)
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</a></h3>]]></cms:content></cms:textAsset></cms:item>
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