Consumer champion Martin Lewis has issued a vital reminder to UK shoppers about their fundamental legal rights when purchases go wrong. The founder of MoneySavingExpert.com used his BBC podcast to explain how people are often incorrectly "fobbed off" by retailers when they could be entitled to a refund or repair.
The Warranty Myth and Your Legal Rights
Lewis highlighted a common scenario, particularly with technology. He explained that many customers go to high-tech shops, where the retailer and manufacturer are the same entity, like Apple or Samsung, with a broken phone after 18 months. "They take it in and they say, 'Sorry, you're out of warranty'. My answer is warranty shwarranty," said Lewis. He stressed that a warranty is a contractual bonus from the manufacturer, but your primary legal rights are always with the retailer you bought from.
He urged consumers to remember a crucial two-word rule: "retail rights". When dealing with a combined retailer-manufacturer, you must address them in their capacity as the seller. "You've gone into the shop, you're asking them as a retailer," he clarified.
Understanding the 'SAD FART' Rule
Lewis broke down the legal principle underpinning these rights, often remembered by the acronym SAD FART. Under the Consumer Rights Act 2015, goods must be:
- Satisfactory quality.
- As described.
- Fit for purpose.
- And last a Reasonable length of Time.
"You're saying under the law, this item must last a reasonable length of time, it has not lasted a reasonable length of time, therefore you are responsible for repair and replacement," Lewis explained. He advised shoppers to push back, understanding that the manufacturer's warranty is irrelevant to this statutory claim against the retailer.
A Call for Education and Key Exceptions
The finance guru made a passionate call for this knowledge to become part of the national curriculum. "We should teach this in schools," he urged. "You buy something, your rights are with the retailer, if items are faulty and you take them back, then they have to give you a full refund within 30 days or repair or replace afterwards."
He did note that what constitutes a "reasonable length of time" is a grey area that depends on the product and its cost. Lewis also clarified important distinctions in return policies:
For items bought in a physical store, there is no automatic legal right to return something simply because you changed your mind. Many shops offer more generous voluntary return policies, but they must stick to their published terms.
For online purchases, rights are significantly stronger. Consumers generally have up to 14 days to notify the retailer of their decision to return an item, followed by another 14 days to send it back.
Critically, your statutory legal rights always take precedence over any shop policy that offers less protection. Lewis's intervention serves as a powerful reminder for consumers to know their rights and assert them confidently, turning the tables when faced with faulty goods.
