1. Mr Fix-it

2. The SOGA quick quiz will help you to check how much you know about the Sale of Goods Act (SOGA) and what the law says about customers returning goods and asking for refunds, repairs or replacement items. • There are 10 questions, and for each question you have a choice of answers, but only one of them is correct. • Print a copy of the quiz and tick the answers that you think are correct. You can then check your answers using the results sheet at the end of the quiz. If you are unsure about any of the answers, a brief explanation of each answer is provided in Results explained, which you can find after the results. • Have you got the SOGA factor? Take the quick quiz and find out… To ensure the SOGA quick quiz is easy to read and use, some matters are simplified. For this reason none of the information should be taken as legally authoritative. This resource is intended for retail businesses that sell goods to consumers; it is not intended for businesses selling goods to other businesses. Remember this quiz is based on what the law says (your own customer policy may be more generous than the law).

3. 1. Mr Fix-it • A customer bought a toaster last week. He said it stopped working, so he had a go at repairing it himself; now the whole of the bottom of the toaster is cracked and broken. Is he entitled to a full refund? • Yes, of course Mr Fix-it should have a full refund. After all, he only bought the toaster a week ago. • Mr Fix-it is not entitled to a full refund because he has tried to repair the toaster and caused damage - he should have returned it as soon as he knew there was a fault. He may have other remedies. • Mr Fix it is unquestionably entitled to a replacement toaster but not a full refund.

4. 2. Mrs Bargain • A customer bought a skirt that was on its third reduction in the sale last month. She has worn it once and wants to return it because the zip is broken. She has her receipt, but really she paid next-to-nothing for it. Do I have to do anything? • Yes, you do – assess whether Mrs Bargain is rejecting the skirt (full refund) or has accepted the skirt (repair or replacement). • No, Mrs Bargain doesn’t have any rights because the skirt was in the sale. After all, you get what you pay for. • Yes you do have to do something, but because the item was so cheap in the sale Mrs Bargain doesn’t have the same rights. You should only have to fix the zip; she’s not entitled to anything else.

5. 3. Miss Missing • A customer arrived at the store with a brand new vacuum cleaner in all of its original packaging. The customer said the vac was purchased from here but one of the accessory parts is missing. She is asking for a replacement but she is also missing her receipt. She says she has lost it. This vacuum cleaner is sold in lots of different stores. Can I ask her to prove she bought it from here? • Yes, you are entitled to ask Miss Missing to prove it was purchased from the store. • No, if Miss Missing says she bought it from you, then the law says she did and she is entitled to a replacement straight away. • You must first prove Miss Missing did buy it from you by checking your CCTV footage of the day she said she was in store.

6. 4. Mr Magic • As well as stores, we have an online site, which says you can return goods to our stores. A guy came in with a magic set that he had ordered on there for his son. It had arrived that day, but he said his son had been bought the same magic set from someone else and asked for a refund so he could buy something his son had seen in the toy shop next door. We only give refunds where the customer has a right to a refund, for example, the item is faulty and does not conform to contract. Do I have to give him one? • The mistake that two people made by buying Mr Magic’s son the same thing is not your problem. He doesn’t have rights under the Sale of Goods Act and he is not entitled to a refund. • Tell Mr Magic to send the item back to your online department and let them deal with it. • If your online terms and conditions state that goods ordered online can be returned in-store, then you have to deal with Mr Magic’s return.

7. 5. Mrs Faulty • A lady was in a rush to buy a specific size of plasma TV because her grandchildren were coming to stay last weekend. We didn’t have any of the model she wanted in stock, so we said she could take the display model. We pointed out that the model was slightly scratched from being on display but she said she was in such a rush that she would still buy it. We wrote on her receipt that the scratch had been pointed out to her before she bought the TV. • Now she has telephoned asking if we have the model in stock because she wants to bring her TV back and swap it for a fresh TV that hasn’t previously been out of the box. She says she has a right to an exchange because the scratch makes her TV not of satisfactory quality. Does she? • No, you pointed the scratches out to Mrs Faulty before she bought the TV, so she can’t claim a refund or exchange. • Mrs Faulty is absolutely right, the product is faulty and so she is entitled to return it and ask you to deal with the problem under the Sale of Goods Act. You will have to provide a replacement if that is what she wants. • You don’t have to provide a refund but Mrs Faulty is entitled to a replacement. After all, the TV is scratched as she says.

8. 6. Mr Wellie • A man has come back complaining that the wellington boots he bought three weeks ago are not waterproof – they were OK when he first wore them, but now they’re letting in water. He says since they were sold as waterproof we ought to give him his money back. He has a receipt. Surely he’s not entitled to a refund, since they were waterproof when we sold them? • You are quite right. Mr Wellie has used the goods, which were satisfactory when he bought them, and he is not entitled to a refund. • You cannot be responsible for everything you sell. Tell Mr Wellie you are sending the goods back to the manufacturer for them to deal with it. • Unless Mr Wellie accidentally damaged the boots himself it sounds like they are not fit for purpose; you’ll need to consider if he’s entitled to a refund, repair or replacement.

9. 7. Mrs Mother-of-the-bride • A lady wants to return six trays of cakes she ordered from us online for her daughter’s wedding reception. She says she over-ordered and has a right to return them under the seven-day limit for online goods (we delivered the cakes on Friday; it’s now Tuesday). The cakes are still sealed up in the trays and untouched. Is she entitled to a refund? • Yes, Mrs Mother-of-the-bride is well within the seven-day limit and has returned the goods with unbroken seals so she should have a refund. • No, Mrs Mother-of-the-bride bought food items; so she isn’t entitled to change her mind and return them for a refund. • As it is five days since the cakes were delivered and they are no longer as fresh as they were, you should offer Mrs Mother-of-the-bride a partial refund rather than a full refund.

10. 8. Miss Silk • A lady has returned a dress to us that she bought three months ago, complaining that it’s not 100% silk – even though it says that on the label – and she wants her money back. It had the wrong label on it from the manufacturers, so it’s not the shop’s fault. We sold it in good faith, and honestly for £29.99 you wouldn’t expect to get real silk! She’s not entitled to a refund is she? • Miss Silk has rights under the Sale of Goods Act because the dress does not match its description; she may be entitled to a full refund, partial refund or price reduction. • No, you don’t need to do anything. It’s not down to you, the retailer, to sort this out as the error with the label was the manufacturer’s. Miss Silk accepted the goods at the time of sale and unless the dress was damaged when sold, she’s not entitled to a refund. • Yes, Miss Silk has rights under the Sale of Goods Act, but it’s three months since she bought the dress, so you should offer her a credit note for £29.99 or tell her she can choose something else in the shop for the same price.

11. 9. Mr Big • A man has come back to us with a pair of trousers he tried on and bought yesterday. He says he’s changed his mind and wants his money back as the trousers are too tight. Is he entitled to a refund? • Yes, if Mr Big returns them promptly and in good condition he is entitled to a refund – after all everyone is allowed to change their mind every now and again. • No, if Mr Big has simply changed his mind about the goods and they are not faulty, he is not entitled to ask for a refund under the Sale of Goods Act. • Mr Big isn’t entitled to a refund because he has changed his mind, but he is entitled to a replacement pair of trousers at the same price.

12. 10. Miss Refund • A lady has brought a jumper back that she bought yesterday. When she tried it on at home she noticed a small hole under one arm that she says she didn’t see in the store. Now she wants a refund, though we have a notice up next to the till saying ‘no refunds’. I’ve offered her a credit note or an exchange, but she’s not satisfied. Should I give her the money back? • No, Miss Refund was clearly warned that the store does not offer refunds, and you have offered her a credit note instead, which is a fair settlement. • Point out the sign and offer Miss Refund a repair or replacement. • Yes, Miss Refund is entitled to a refund or exchange (if that is what she prefers) under the Sale of Goods Act.

13. Results • Check your answers against the list of correct answers below to see how you scored. • 1. b • 2. a • 3. a • 4. c • 5. a • 6. c • 7. b • 8. a • 9. b • 10. c • For a detailed explanation of the Sale of Goods Act, • see SOGA explained at www.oft.gov.uk/saleofgoodsact

14. Results explained • The following is designed to provide you with a little more information about each answer. For a detailed explanation of the Sale of Goods Act see SOGA explained at www.oft.gov.uk/saleofgoodsact • It's a shame Mr Fix-it tried to fix the toaster himself. He should have returned it as soon as he knew there was a fault. He's not entitled to a full refund because he has tried to repair it and caused damage. • Customers have the same rights regardless of whether the price of the item they buy has been reduced in the sale or not. If the skirt was sold as perfect then you must listen to Mrs Bargain’s claim and consider what she is entitled to under law (either full refund, or repair or replacement). To decide this you will need to assess whether Mrs Bargain had accepted the skirt – has she had a reasonable time to examine it? Mrs Bargain only wore the skirt once so it’s likely that she is still within a reasonable time to examine and reject the skirt and claim a full refund. • You are entitled to ask Miss Missing to prove the vacuum cleaner was purchased from the store before you deal with her complaint – but this doesn’t have to be a receipt. If she can show you a bank or credit card statement, or similar proof, you should accept this. • Because Mr Magic bought the item online he does have an additional right – that he can cancel his order and receive a full refund anytime up to 7 working days from the day after he received the item. As your online terms and conditions state that goods ordered online can be returned in-store, then you have to deal with Mr Magic’s return. So he is entitled to the refund he is asking for.

15. You clearly pointed the scratches out to Mrs Faulty before she bought the TV, and she still bought it, so she does not have a right to a refund or replacement TV under the Sale of Goods Act. • Under the Sale of Goods Act, the goods must be of satisfactory quality and fit for purpose. This may not be the case here, as you would expect a pair of wellington boots sold as waterproof to last longer than two weeks under normal conditions. Unless Mr Wellie has accidentally damaged the boots himself, you will need to consider if he has accepted the wellington boots and whether he is entitled to a full refund, repair or replacement, or if these are not suitable, possible partial refund or price reduction. • Some goods are not covered by the seven-day limit to return goods bought online. This includes food items, which are classed as perishable goods and so Mrs Mother-of-the-bride isn’t entitled to change her mind and return the cakes for a refund. • Yes, Miss Silk has rights under the Sale of Goods Act. You have not conformed to your contract with the customer, as the dress does not match its description. As the retailer, you are responsible for what the label says, even if the manufacturer made a mistake. You need to consider if a reasonable time has passed for her to inspect the dress and this will decide if she is entitled to a full refund, partial refund or price reduction (as a repair or replacement would not be suitable).

16. If Mr Big has simply changed his mind about the goods and they are not faulty, he is not entitled to ask for a refund under the Sale of Goods Act. Customers do not have a right to reject goods and receive a refund, simply because they change their mind. Some stores may offer a refund, exchange or credit note as a gesture of goodwill, but they are not obliged to do this by law. • Miss Refund is entitled to a refund or exchange (if that is what she prefers) under the Sale of Goods Act. She has inspected the item, which is faulty, and rejected it in reasonable time. It may be unlawful to mislead her by displaying a sign or relying on a sign that does not reflect her rights. For a detailed explanation of the Sale of Goods Act, see SOGA explained at www.oft.gov.uk/saleofgoodsact Published by the Office of Fair Trading Product code OFT1258 Edition 1/11