Consumeradvice

I bought myself new gym equipment as an early Christmas present in December but left it until now to open the box. There is a crack down the middle of one of the pieces which means I can’t build it up. I don’t know if I’ve left it too late now to return it. Can you help?

When you purchase goods from a trader, the Consumer Rights Act 2015 states that they should be of satisfactory quality. This means that there should be no faults or damage and the goods should be durable.

The goods should also be the same as any sample or model that you were shown; match the seller’s description; and be fit for any purpose that you made known to the trader.

Has it been less than 30 days?

If it has been 30 days or less since you bought the equipment and you do not believe it was of satisfactory quality at the time, then you could be entitled to return it to the trader for a full refund, referred to as your “short-term right to reject”. You may have to prove that the equipment was not of satisfactory quality at the time of sale.

You should be refunded within 14 days of the goods being returned to the trader and this should be by the same method that you paid, for example if you paid in cash then you should normally expect a cash refund.

More than 30 days?

The situation is slightly different after the first 30 days. You can also ask the trader to repair the goods or provide you with a like for like replacement, and they should do this within a reasonable period and without causing you any significant inconvenience.

If it is not possible for the trader to repair or replace the equipment, then you can decide to keep it and ask for a discount or return it to the trader for a refund. If you ask the trader for a repair or replacement within the first six months of purchasing the goods, then it falls to the trader to prove they were not faulty when sold to you. After this six-month period, it falls to you to prove otherwise.

You are only required to give the trader one opportunity to repair or replace the equipment. If a repair by the trader fails or you discover that the replacement is also faulty then you can decide whether to give the trader another opportunity to repair or replace the goods, or to return them for a refund – this is called your “final right to reject”.  You should be refunded within 14 days of the product being returned to the trader and this should be by the same method that you paid.

How do I seek a refund?

If you have not already done so, then you should try to speak with the trader about your problem to see if you can come to an agreement. You can then follow this up with a more formal letter of complaint.

It is best to send this by signed for mail which will allow you to check that it’s been received. Alternatively, you could send an email with a read receipt. You should also give the trader reasonable time to reply.

consumeradvice.scot provide information and support on a range of consumer-related matters, and can provide bespoke correspondence to help you communicate with the trader.

For more information, visit www.consumeradvice.scot, or call the team on 0808 164 6000, Monday to Friday, 9am-5pm.