SOGA protects the consumer enough?

There is one thing that I like about shopping in the UK, that is the Consumer Rights that protect us consumer much more than Malaysian Law ever do.

I was surprised when I was told that I can have my purchase return to the store anytime within 28days after the purchase, so long as it is return in the condition of how it was sold.

This can all thanks to the UK LAW, in particular of SALES OF GOODS ACT 1979. When you go shopping anything you buy is covered by a law called the Sale of Goods Act 1979. This means that when you buy a product it should be:

·         As described-where the purchase should be the same as any description of it. A description could be what the seller has said to you about the item or something written in a brochure, or price tag or a notice.

·         Fit for purpose- What you buy should be able to do the job that it was made for. Also, goods should be fit for any specific purpose you agreed with the seller at the time of sale. This includes advises that a consumer obtained from a seller orally, or in writing, or as how the good is advertised.

·         of satisfactory quality- This is logic. Consumers that make a new purchase will expect the goods is free from minor defects, and it is of a good appearance and finish,and safe to serve the purpose of the product itself.

If any consumer is not happy with the purchase is entitled to a refund from the seller. However, what concerned me is whether the seller is in Breach of SOGA during the sales season. According to SOGA 1979, items bought in a sale are still covered under SOGA, unless the buyer is aware of the fault of the goods and the defects have been obvious to anyone who wish to buy the good at the time of purchase.

Based on my personal experience on shopping, the seller usually excludes items on Sales to secure their profit margin which is lower than how the product used to be.

Based on the Law of Contract, if the exemption clause is clear enough for the consumer to see it, or any reasonable consumer to see it, then it shall bind the consumer. Is this fair? I believe there are certain circumstances where consumer is not given a choice, or in another way mislead to make a purchase. The Unfair Contract Terms Act 1977 is trying to improve on this problem, but as we may see, the exclusion clause in various stores still applies on consumer.

(1)  http://whatconsumer.co.uk/the-sale-of-goods-act/

(2)  http://whatconsumer.co.uk/my-responsibility/

(3)  http://whatconsumer.co.uk/delivery-and-collection-of-goods/

Raychelle, CM TAN