Faulty goods

The law around faulty goods for customers can be confusing; it can be especially unclear when considering time frames and what is acceptable.

30 day rule - if a customer purchases a product and the first time they open it they find it is not of satisfactory quality, such as an ibuprofen box where the blister pack has split open or a damaged wire on an electric toothbrush, if it is within 30 days they are entitled to reject the item for a full refund. Occasionally a company may say that if a customer has bought a product and has a problem with it they will need to take this up with the manufacturer directly, for example a faulty hairdryer or automated pill dispenser. However, a shop stocking items is classed as the trader and it is the trader who is liable for any breaches in contract with the customer and they must refund the item.

This is applicable for all purchases and if a business promotes something to a customer which they are entitled to anyway, such as we offer a 30 day guarantee, this would not be seen as an acceptable promotion.

After 30 days - if a product is of an inferior quality and breaks or wears after more than 30 days, the customer will still be entitled to a refund or a replacement. The retailer has one chance to make a repair but if the customer is still not satisfied that the product is of sufficient quality, the customer still has the right to a refund. Even after 6 months, the customer can ask for a repair or replacement; however the retailer at this point will have the right to deduct some of the amount to refund as it can be argued that the customer has had some use from the product.

Change of mind - a customer does not have to be provided with a refund if the goods are not faulty and they simply change their mind. The only exception to this rule is if the customer was provided with incorrect advice by the retailer and as a result purchased a product that did not meet their requirements. This would be in breach of the requirement that the product must be fit for the purpose made known by the consumer. This may be the case if the pharmacy has misunderstood a customer when they have described symptoms and as a result recommended an incorrect product. Although not required by law it is common practice for many retailers to provide refunds at their discretion for unwanted goods as long as they are unused. If this is the case and the business has published this as their returns policy the business is bound by this by law.

Online sales - should the pharmacy sell goods online these sales  are covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came into force in June 2014. These regulations provide protection over and above the Consumer Rights Act, particularly in relation to the consumer's rights to cancel.

Resale of returned items - it is important to consider when items are returned if they can be resold by the pharmacy and refer to the pharmacy specific policy on this. In particular any returned medicines cannot be resold as there is no guarantee that they have not been tampered with or stored in the correct conditions. Infant formula milks or food could also have been tampered with or not stored appropriately, whereas general items if unopened such as toothbrushes could potentially be resold.