Small Print: Understanding Contracts
Whether or not you are doing business with a Buy With Confidence member, a consumer buying goods or services from
a business will have some legal rights which arise automatically. These rights are additional to any guarantee you
may have, and are protected so they may not be taken away by 'small print' in contracts. Some of the most important
consumer rights are summarised here for information – but it is still vital to read your contract thoroughly before
agreeing to work. Buy With Confidence members are obliged to give their customers written pre-contract information if
requested, and are also obliged to use fair contract terms.
You can expect:
The agreed services to be provided within a reasonable time.
A 'reasonable time' will be the time you have agreed in your contract, or if no time is agreed, a time which is reasonable
in the circumstances. Completion dates given on contracts are often flexible (or, 'not of the essence'). If the start/finish
date is important to you, be sure to let the business know in advance.
To be given truthful information.
- Descriptions must be accurate
- Prices must not be misleading
- Promises count, even if they are verbal - BUT memory is fallible.
It is strongly recommended that any verbal promises are also put into writing to avoid misunderstandings.
Work to be completed to a reasonable standard and with reasonable care.
If you experience problems which are a result of bad workmanship, you may be entitled to a repair – even if you have no guarantee.
If the business unfairly refuses to help you, even after you have written to them requesting assistance, you may wish to seek advice
from
consumer direct.
Remember:
- It is the customer’s responsibility to show that the fault is due to poor workmanship
- The business is not obliged to repair ordinary wear and tear faults
- The law requires both parties to keep all costs to a minimum
You can also expect the goods you buy to:
- Do the job they were sold for
- Match their description
- Be free from unexpected faults and of an acceptable standard, taking into account the price
Other points to note:
- Contracts are made every time something is bought – they do not have to be in writing or signed to be binding in law.
- If the small print is too small to read, too complicated or not made available to you before you buy – it may not be part of your agreement.
- You are allowed a reasonable amount of time to discover faults – short time limits for reporting problems may be unfair and may not count legally. What is reasonable will depend on the circumstances. If you do find a fault, you should act quickly to let the business know, as it may affect the remedy you are entitled to.
- Businesses are not generally required by law to give you an estimate, written contract or receipt. Make sure you ask in advance for the paperwork you require (Buy With Confidence members will always provide a receipt if asked).
If you have problems with a member of the Buy With Confidence scheme, you can contact us through the
feedback page for advice.
