05. What if a product hurts someone or damages something?

Sometimes a faulty product may harm people or damage other things (for example, if an electrical appliance catches fire and damages your home). In this case, different laws, relating to what is called 'product liability'.

If a product injures someone or damages something, the manufacturer (or the importer) is responsible, under the Consumer Protection Act 1987. However, if the retailer cannot tell you who the manufacturer or importer is, they will be responsible.

The Act says that you may be able to claim compensation if faulty goods cause injury or damage to property (as long as the damage amounts to at least £275). You cannot claim if you bought the item more than ten years ago. Remember that you may need to claim separately against the seller for damage to the product itself (under the Sale of Goods Act), because this is not covered by the Consumer Protection Act.

To claim against the manufacturer or importer, you have to prove that the product:

• was 'defective' (it was less safe than you could reasonably expect, not just that it was of poor quality); and
• caused the damage or injury.

You may need an independent expert to confirm that any damage was caused by the product being defective.

If a product has caused serious injury to someone, you will need specialist legal help from a personal injury solicitor. See the Community Legal Service leaflet 'Personal injury' for more information.

What if I change my mind after ordering something?
When you order something and pay a deposit, you enter into a contract. If you change your mind and break the deal, you cannot insist on your money back, so you may lose your deposit.

You can't normally back out of a contract once you have signed it, unless it says in writing that you have the right to change your mind within, say, 14 days. So never sign a contract without reading it first. However, there are also some specific cases where you may legally be able to back out of a contract you've signed (see 'What if I sign up to buy something in my home?', below, and 'What are my rights if I buy on credit?').

What if I sign up to buy something in my home?
If a salesperson makes an 'unsolicited visit' to your home and you sign a contract to buy goods or services, you normally have a seven-day 'cooling-off period'. This means you can cancel your order within seven days for any reason, without having to pay anything. An 'unsolicited visit' is one where the salesperson arrives on your doorstep without warning, or makes an appointment to visit you after a phone call or letter that you didn't ask for.

You are also protected if, after an unannounced visit, you agree to the salesperson coming back at a later time. But if the salesperson visits you because you have phoned their company asking for a visit, you don't have the same right to a 'cooling-off period'.

What rights do I have when getting things delivered?
The new Distance Selling Regulations 2000 say that if you buy something by phone, mail order or over the internet, your order should be dealt with within 30 days (unless you agree to something different).

But these regulations don't apply if you order something in person (for example, in a shop). So you may need to set a specific date for delivery, and include this in the contract (for example, by writing it on the order form) and agree that the deadline is vitally important. This is called 'making time of the essence'. If the order doesn't then arrive on time, you could cancel it and get a refund.

If you haven't made time 'of the essence' when you order, and the goods are seriously delayed, you can enforce a reasonable time limit by writing to the retailer and setting a final date for delivery. If the goods don't arrive within that time, you can then cancel the order.

Problems with installation
If installing goods (such as carpet or kitchen units) is part of your contract with the retailer and it isn’t done properly, you have rights under the Sale and Supply of Goods Regulations 2002 against the retailer, for repairs, replacement or compensation. This is the case even if the retailer sub-contracts another firm to do the job. But if you find and pay an installer separately, you will have to claim against them yourself if there are problems (see ‘Dealing with problems with services’ on page 11).

What if something is marked with the wrong price?
If something is wrongly marked with a lower price, you can't insist on buying it at that price. The law says that a retailer can refuse to sell anything to you, at any price, without giving a reason. But if a retailer sells you something at too low a price by mistake, they can't later make you pay the extra, unless they can show that you knew the price was wrong.

Under the Consumer Protection Act 1987, it is illegal to give misleading price information about goods and services. This applies to, for example:

• price labels;  
• prices in catalogues;  
• prices on shop shelves; and  
• prices given over the phone.

It also applies where a shop is comparing its prices (to another shop's prices, for example).

There are also rules about special-offer and sale prices. For example, if a shop advertises that a product has been reduced in price, they must have offered the goods at the old price (and in that branch, in the case of a chain) for at least 28 days in a row in the last six months. If they haven't, they must make this clear to shoppers.

These rules also say that prices for consumers (but not businesses) must include VAT.

Retailers must also make clear any extra charges which you cannot avoid paying (such as delivery charges).