04. How do guarantees and warranties work?

Many products come with a free guarantee or warranty from the maker. This may promise, for example, a free repair or replacement if the product goes wrong within a year. There's no legal difference between a guarantee and a warranty. If the goods are still 'under guarantee' when you have a problem, using the guarantee may be the easiest and quickest way to sort it out.

If something you buy is faulty, your rights under the Sale of Goods Act are against the retailer. Any benefits given by a guarantee are on top of these rights. They cannot replace them or take them away. This is why you will often see the phrase 'this does not affect your statutory rights' with a guarantee or on a receipt, for example. And you will still have your Sale of Goods rights even after the guarantee has run out (see 'What the law says a retailer must do about faulty goods').

To benefit from a manufacturer's guarantee, you may have to meet certain conditions. For example, you may have to have your car serviced at certain mileages. If you don't, the manufacturer may not fix the car for free if it has a problem. But again, this does not affect your Sale of Goods Act rights.

How do extended warranties work?
On top of the maker's guarantee, you may also be able to buy extra years of cover ('an extended warranty') from the manufacturer or from the retailer.

An extended warranty is often more like a breakdown-insurance policy. It includes a contract, which should explain exactly what sort of problems or faults will be covered, and which ones won't. Check the terms carefully to see what is covered. For example, problems caused by 'wear and tear' are often not covered.

What about something I've bought secondhand?
Your rights also apply to secondhand goods, although the law says you must take into account the price you have paid, and be prepared to have lower expectations of quality. For example, it wouldn't be reasonable to expect a 10-year-old, high-mileage car to perform as well as a brand new one, or to last as long.

What about things bought in a sale?
You have the same rights to a refund, replacement or repair with goods in a sale as with non-sale goods. But if the goods were reduced in price because of a fault that should have been obvious to you in the shop, or was pointed out to you (for example, a chip in a vase), you won't be able to get a repair, refund or replacement because of that fault.

What if I change my mind about something I've bought?
If you simply decide you don't like something, or it doesn't suit you, a shop may give you your money back or give you a credit note to use on some other item. But legally, a retailer doesn't have to do either of these things. The law on refunds and replacements applies only if something is faulty.

What if I have a problem with a gift?
In general, if someone buys you a gift and it turns out to be faulty, it is they who have rights under the law, not you. If you can, ask them to help you sort out the problem.

Or if you are giving someone a gift, you can let them deal with any problem by naming them as the person who it is for when you buy it. You can do this by writing their name on a receipt, invoice or guarantee card.