Shopmobility

Your rights when things go wrong
When you buy a scooter or wheelchair from a company, you enter into a contract with the company.

Generally only the person who purchased the scooter or wheelchair has a contract. This is important when you have perhaps arranged to buy a scooter or wheelchair on behalf of a relative or friend. The user of the goods will not have a contract with the company.

A policy or the law?
Many traders have goodwill policies, which give extra benefits to the consumer. An example of this is that they may allow you to return or exchange the scooter or wheelchair, which is not faulty, providing you have a receipt. Such policies are discretionary and in addition to the law. Some policies attempt to restrict your rights. e.g. signs in the brochure may state "no refunds". Such signs are illegal.

Which law is it?
In 1994 the Sale of Goods Act was amended by the Sale and Supply of Goods Act. All goods sold must be:

of satisfactory quality
fit for a particularly requested purpose
as described.

What does this mean?
Your scooter or wheelchair must be of a standard that any 'reasonable' person would find satisfactory, bearing in mind the way it was described to you and the price paid. This includes freedom from minor defects, appearance and finish, safety, durability and general fitness for purpose. There should be no defects on the scooter or wheelchair unless you have been told about them. The scooter or wheelchair must do what it is supposed to do. If you are told the wheelchair will go up a curb, then it must do so. Descriptions must be accurate. 'New' means just that. The scooter or wheelchair must not have been previously used by another person and then sold to you as new.

If your scooter or wheelchair does not meet these standards you may reject it and request a refund.

Are there any conditions on requesting a refund?
Yes. Once purchased, you are entitled to a reasonable period in which to examine it to detect any faults. The law does not define this reasonable period as it depends so much on the nature of the item purchased. Once a reasonable time has elapsed you are said to have accepted the goods. If a repair or replacement is not possible you can then request a partial or full refund depending on the circumstances.

What must I do if I find a fault with the goods?
Where the scooter or wheelchair is faulty you must act as quickly as possible. Complain to the head office of the company which sold it to you, preferably in writing. If you telephone the company, record dates, times and names. Follow this with a written complaint, sent by recorded delivery. It is essential to prove that you have complained within a reasonable time.

The refund conditions are:

you must try out the scooter or wheelchair straight away and test it to your satisfaction. After a reasonable lapse of time you will have accepted it. When this happens you cannot ask for a full refund, you will have to accept a free repair instead.
but don't forget the new rights which allow you the option to ask the company for a repair or replacement. In the first six months after purchase you do not have to prove that the goods are faulty but the company is allowed to choose whether to repair or replace your item. However, this decision must not cause you significant inconvenience or take too long. If this is the case then you can ask for a partial or full refund, as appropriate.
If you choose to allow the company to repair the goods even though you could have asked for a full refund straight away, this will not affect your rights. Where a repair proves unsatisfactory and you have not accepted the goods you can still request a full refund.

You have no grounds for a refund if you:

were told about the fault
examined the scooter or wheelchair when buying it and it was reasonable that the fault should have been noticed
damaged the scooter or wheelchair yourself
made a mistake yourself, e.g. specified the wrong model
changed your mind, e.g. did not like using the scooter as it went too fast

The company is not obliged to do anything in such circumstances. You have no legal rights in these situations.

Second hand
Your rights are just the same if you buy a second hand scooter or wheelchair. The scooter or wheelchair must not be faulty or misdescribed. You must however bear in mind that a second hand item is not of new quality and may have been subject to wear and tear. It may not be free from minor defects.

Goods paid for by credit
You also have additional rights if some form of credit purchased the mobility scooter or wheelchair. This could be by using your credit card or by using money from a load which was arranged through the company. The credit provider is jointly liable for anything which goes wrong with the goods.

Sale goods
These goods have simply been reduced in price and your rights are not affected.

Receipts
To claim a refund for your goods you do not have to produce a receipt. However, you may need proof of purchase to indicate when and where the goods were purchased. A cheque stub, credit card statement, delivery note or an independent witness should suffice.

Most companies are helpful and familiar with civil law; they will give refunds for faulty goods. However, failure to refund money is not a criminal offence. Trading Standards Officers cannot cake any company give the consumer a refund, no matter how deserving the case may be.

If a retailer refuses to honour your statutory rights, as a last resort, you may wish to consider legal action.

This information is provided by Surrey County Council and is a guide to your rights in relation to scooters and wheelchairs. It is not a comprehensive statement of the law.

You can contact:
Consumer Advice: 01372 371717
General Enquiries: 01372 371700
Fax: 01372 371704
Minicom: 01372 371707
trading.standards@surreycc.gov.uk

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Surrey County Council
Trading Standards
Mid Surrey Area Office
Bay Tree Avenue
Kingston Road
Leatherhead
KT22 7SY