Faulty product within six months

Hello! I am Gemma, a friendly legal assistant here at Lawyer Destroyer. I would be very happy to help explain your consumer rights.

The legal position:

Under the Consumer Rights Act 2015, any product you buy from a business must be of satisfactory quality, fit for its normal purpose, and match the description you were given. Your rights change depending on how long you have owned the product, and the window between 30 days and six months is a very specific stage in the law.

The six month rule:

Because the fault has appeared after 30 days but within the first six months of ownership, the law gives you a strong advantage. During this window, it is legally presumed that the fault or underlying weakness was already there at the time you bought the item.

Crucially, this means the burden of proof is on the retailer. You do not have to prove that the item was inherently faulty. If the retailer wants to refuse to help you, they have to prove that the fault was not there when you bought it. For example, they would need to show that you caused the problem through accidental damage, misuse, or normal wear and tear.

Your right to a repair or replacement:

Because you have had the product for more than 30 days, you are no longer entitled to demand an immediate full refund. Instead, the law says you must give the retailer one opportunity to either repair or replace the faulty item.

It is generally up to the retailer to choose whether they repair or replace it, and they will usually pick whichever is cheapest or easiest for them. They must do this within a reasonable time, without causing you significant inconvenience, and they must cover any costs involved, such as return postage.

What happens if the repair or replacement fails:

The retailer only gets one chance. If they try to repair the item and it is still faulty, or if they give you a replacement and that develops a fault too, you can then claim your final right to reject the product.

At this stage, you can finally ask for a refund. Because all of this has happened within the first six months, the retailer must usually give you a full refund. They are not allowed to make a deduction for the time you have spent using the product. The most common exception to this rule is for motor vehicles, where a dealer is legally allowed to make a fair deduction from your refund to account for the mileage you have added.

Alternatively, if you want to keep the faulty product anyway, you can ask for a partial refund to easily reflect the fact it does not work perfectly.

Practical next steps:

1. Find your proof of purchase. A till receipt is perfect, but a bank or credit card statement is usually absolutely fine if you have lost the receipt.

2. Go to the retailer, not the manufacturer. Your legal contract is with the shop or website that took your money. Some retailers will try to fob you off by telling you to contact the manufacturer right away, but it is the retailer's legal responsibility to sort this out for you.

3. State your rights clearly. You can do this in store, over the phone, or in a clear email. Politely explain that under the Consumer Rights Act 2015, the item has developed a fault within the first six months, and you are asking them to repair or replace it.

4. Consider a formal complaint if they refuse. If the retailer refuses to accept responsibility or tries to charge you for the repair, you can write a formal letter of complaint to their customer service department summarising exactly what has happened.

5. Look at your payment method if they ignore you. If the retailer goes quiet or refuses to budge, you have a handy backup option if you paid by card. If you paid by credit card and the item cost more than £100, you can contact your credit card provider to make a Section 75 claim. If you paid by debit card, you can ask your bank to attempt a Chargeback. Both of these are free processes where your bank steps in to recover your money.