Imagine: you’re unsure about whether to buy something, until the salesperson makes a promise that convinces you.
Perhaps you’ve been told a sofa will be delivered by a certain date, upsold a laptop that will come set up for you in advance, or told that the product comes with a warranty… when it actually doesn’t.
So, you’ve been misled, and convinced to buy something based on a false premise. What can you do in this situation?
Here’s what you need to know.
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Does a retailer have to keep a promise made before a sale?
Generally, yes.
In the UK, there are multiple laws in place to protect consumers from product misrepresentation. If a false promise was part of a contract, or influenced your decision to buy a product, you normally have grounds to raise a formal complaint with the trader.
For example, under the Consumer Rights Acts 2015, products on the market must be:
- Of satisfactory quality
- Fit for their intended purpose
- As described
The key point to note here is that final point: the product you’ve bought must be as it was described to you pre-purchase – whether in writing, by conduct, or via verbal promises.
If it isn’t, you may be entitled to a repair, replacement, or refund under the Consumer Rights Act 2015.
That means that, generally, even if it was just a salesperson who wrongly assured you of a product’s features or capabilities in-person, that spoken claim may also legally become a term of your contract. If their promise turns out to be untrue, the retailer is in breach of the Consumer Rights Act 2015, giving you clear grounds for a complaint.
For example, if you tell a salesperson:
“I need this washing machine to fit under a worktop that’s 85cm high”
… And they tell you:
“Yes, this model will definitely fit”
Then if the washing machine doesn’t actually fit, you have grounds to complain.
However, it’s also important to remember that there is a difference between specific promises a consumer relies on like those above, and generic comments a salesperson may make to make a product seem more appealing.
For example, if a salesperson says:
“This is a popular model”
That’s a far more generic, subjective comment, for which you likely wouldn’t have grounds to complain about.
What if the promise was made verbally?
As we already mentioned, verbal promises from a retailer prior to a purchase do generally still count as part of the product’s description, and your contract of sale, thanks to the Consumer Rights Act 2015, as they form an important part of convincing a consumer to make a purchase.
However, the real issue with a retailer’s verbal promises is that, though they may be covered by the law, proving they happened is much more difficult.
If the salesperson refuses that they ever promised you what you’re saying they did, it’s normally your word against theirs.
However, if you do have any of the following, these may help prove your case if they align with what the salesperson told you:
- Emails or messages with the retailer
- Notes you made immediately after your conversation
- Photographs or measurements
- A quote or order confirmation
- The retailer’s product description
- An advertisement
- A recording or transcript (where lawfully available)
Even if you don’t have evidence of your original conversation with the salesperson/retailer, surrounding evidence may paint a clearer picture of the retailer misrepresenting the product to you pre-purchase.
What if the retailer’s website said something different?
Just as with verbal promises from a retailer, their written advertisements and online listings are also subject to the Consumer Rights Act 2015, too.
If the product you’ve bought was wrongly represented on their website (for example, it claimed the product had certain size specifications that don’t match reality), you have grounds to complain.
Prior to filing a complaint with the trader, make sure you take a screenshot of the listing with the false information on it so that you have evidence of this, and can use it in your complaint.
It may also become useful later down the line if you need to escalate matters with Alternative Dispute Resolution (ADR).
What should you do if the retailer doesn’t keep their promise?
If you believe a retailer has failed to keep a promise made before you bought something, you should file a formal complaint with the retailer at this point.
Even if you feel they’re unlikely to resolve matters with you directly, this is still a crucial step for most forms of complaint escalation further down the line.
Explain:
- What you were told
- Who told you, if you know
- When and how the statement was made
- Why the statement was important to your decision to buy
- What evidence you have
- What you want the retailer to do to put things right
What if the retailer says it was only a sales comment?
This is a common point of contention, but remember: there is a difference between generic comments, and specific promises.
If the retailer says that something was merely a salesperson’s opinion, consider exactly what was said, and the circumstances in which it was said.
There’s a difference between:
“I think this might fit.”
and:
“I’ve checked the measurements, and this will fit.”
The more specific and factual the statement, the more relevant it may be for your case.
What if you don’t have any evidence?
Don’t assume that you can’t complain! Your account of events is also valuable.
If the conversation took place in person, make a note of:
- The date and approximate time
- Where the conversation happened
- What you asked
- What you were told
- Who you spoke to
- Why the information mattered to you
You may also have more evidence than you might think!
Circumstantial evidence could count too.
For example, an email you sent shortly after your purchase might refer to what the salesperson told you, or your purchase may only make sense in light of the information you were given.
How RetailADR can help
RetailADR provides an independent, FREE, and impartial Alternative Dispute Resolution service to resolve disputes between consumers and traders.
We’re a neutral third party: you can escalate your product misrepresentation complaint with us at no cost, and our specialist Adjudicators will review all the information and evidence from both you and the trader before coming to a stress-free conclusion!
Once we’ve established a Complete Complaint File, it only takes 60 Days for us to issue a Determination on your case – and guess what? If you accept our decision, it becomes legally binding. Simple!
How do I get started?
Once your evidence is together, you can lodge your complaint with us for FREE in whichever way suits you – through our online portal, by post, or by phone:
> Start your complaint with RetailADR
> What to do before you come to us
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