When you buy something that turns out to be faulty, trying to argue your case with the retailer or manufacturer can be a testing experience.

Despite strong laws designed to protect consumers from being ripped off, the advice given by retailers and manufacturers is often misleading or even downright wrong. This means the poor buyer is sent from pillar to post as they try to get a resolution.

One of the consumer's biggest enemies, though, is lack of knowledge of the rights they have. Retail staff are often clueless about their legal responsibilities too, and quote 'company policy' as if it magically cancels out UK and European laws. Be assured - it certainly does not.

Readers have often asked for a definitive list of exactly which laws apply in which situation, and the action they can take. Sadly, this simply isn't possible. All laws allow events to be judged in context, so interpretation is paramount in any situation.

What we can give you, though, is a round-up of the laws that protect you when buying from shops, online stores or over the phone. We'll explain your main rights and responsibilities as a consumer and support it with advice from qualified lawyers.

We've also included some of the most common questions we receive on the Consumeractive desk, with a brief summary of the legal position in each case.

Just remember that the law only protects you when you are in the right, and that a judge (if you ever went to court) could interpret a situation quite differently than you. One thing we can guarantee is that it's difficult for a retailer to bluff someone who has researched their rights.

Consumer laws
The main laws that preserve consumer rights are the Sale of Goods Act 1979 (SGA), the Sale and Supply of Goods to Consumers Regulations 2002 (SSGCR), the Supply of Goods and Services Act 1982 (SGSA) and the Distance Selling Regulations 2000 (DSR). There are other related laws, which we will touch on, but the above cover most situations.

The majority of your rights are protected under the SGA. This law states goods must be "of satisfactory quality". This means there should be no faults or defects in components or design at the time of manufacture that affect appearance or make the product unusable or unsafe.

If you buy from a shop, inspect the goods first to make sure you are satisfied. One important aspect of the SGA is that you can't return items to a shop because you have changed your mind or found something cheaper.

The SGA assumes that people have made an informed choice when buying in a shop. In practice, many shops offer a returns or exchange policy but this is goodwill, not a legal obligation.

Fit for purpose
What you buy must also be "as described" and "fit for purpose". In other words, it should be capable of undertaking the task it is described as being able to do.

For example, if you purchase a camera on the basis that it has a zoom lens, or could have one added, and this feature is not available, the goods are not as described or fit for the purpose you wanted. This could also count as misrepresentation of goods, which you can report to Trading Standards.

It can then decide to prosecute the offender under the Trade Description Act 1968. In some cases, you might have to pursue such cases yourself through the small claims court.

If a product fails to satisfy any of the above criteria under the SGA, it can be returned to the retailer for a full refund, as long as this is done within a "reasonable time" of the sale.

This particular legal term causes a lot of confusion. Contrary to what some retailers may insist, there is no legal limit. However, we advise you to check goods as quickly as possible and return them within seven days if not satisfied with the quality.

"If you had problems within the first few weeks you could probably argue you have the right to a full refund," explains James Hutchinson, IT lawyer for Beale and Company.

"If they appear after two months, it is not likely you will automatically be offered a full refund until you have let the retailer or manufacturer try to repair or replace the goods."

The SGA also says that you should not be left out of pocket trying to put things right. The seller has to bear certain costs, including postage or return carriage, and, particularly for heavy items, it is the retailer's responsibility to arrange for collection. If you have a disability, you could request that they pack the item for you as well.

Burden of proof
As it can be difficult for the consumer to prove a fault, the Sale and Supply of Goods to Consumers Regulations 2002 took effect in March 2003. This gives consumers more clout by strengthening specific aspects of the SGA.

The regulations say that consumers no longer have to prove that items were faulty at the time of purchase, as was previously the case. This shifts the burden of proof in any dispute to the retailer. Since the regulations came into force, if a fault arises within six months of purchase it will be presumed to have existed at the time of delivery.

In addition, any guarantees offered by the manufacturer or retailer will be legally binding and must be written in plain language with clear details on how to make a claim.

They must also be available to view before buying. For example, if you buy a monitor with a three-year guarantee, the company you bought it from is legally obliged to honour that guarantee.

The SSGCR also gives consumers the right to request a repair or replacement if goods are faulty. Surprised? Until March 2003 that wasn't one of your rights.

If you choose this route you have to give the retailer a reasonable chance to repair or replace the goods before demanding a full or partial refund. This is the ideal course of action if faults appear more than six months after purchase.

Related to the SGA and SSGCR is the Supply of Goods and Services (SGSA) Act 1982, which provides protection for services such as disputes with internet service providers.

This requires a supplier of a service in England, Wales and Northern Ireland to ensure services are delivered within a reasonable time, at a reasonable rate, and with reasonable care and skill. In Scotland, such contracts are subject to Common Law.

Contract of sale
Goods may also come with a manufacturers' warranty and this is an added bonus. Typically these run for 12 months from purchase, but in some cases this can be longer.

Let's clear up one common misconception about manufacturers' guarantees, one that retailers are all too fond of quoting. Your contract of sale is with the company that accepts your money - more often than not, that means the shop you bought it from.

If a retailer tells you that it has no responsibility for returning or repairing goods, it has misinformed its staff. It may be 'company policy' but that phrase has no meaning or significance in law.

Having said that, it can sometimes be easier to deal directly with the manufacturer, but don't let retailers make you jump through their hoops.

While we're clearing up confusions, here's another area of misunderstanding: the SGA protects consumers for up to six years after purchase in England (five years in Scotland).

But that does not mean goods are expected to last this long - it is the period during which you could commence proceedings to take the matter to court. Be realistic about the life expectancy of a product or its components.

One final law that protects you is the Consumer Protection Act 1987 (CPA), which covers health and safety. If you are injured by a defective product, you may have the right to sue the manufacturer for damages, providing you haven't used the item inappropriately.

How long is 'reasonable'?
If you are waiting for a repair or replacement, the term 'reasonable' often rears its head. The SGA says consumers shouldn't suffer 'significant inconvenience' while goods are repaired, but as with all law, it's open to interpretation.

Criteria that are often used to interpret the length of this period are the purpose for which the goods were bought and their intended use.

James Hutchinson points out that after a certain period - again not defined - if a product can't be repaired or replaced you are entitled to compensation. This is usually in the form of a refund but it may not be as much as you hope for.

"If you are deemed to have had reasonable use from a product for a number of months or years, you won't get a full refund," he says.

And while you shouldn't find yourself out of pocket, running up a hefty phone bill often seems par for the course and getting recompense for this can be extremely difficult.

Giving a company a reasonable chance to repair goods often means calling them on expensive, premium-rate telephone numbers. As the SGA says that repairs should not leave you out of pocket, it makes sense that you could reclaim that money.

But, in practice, it would most likely involve a trip to the small claims court, so ask yourself if the sum you're trying to recover is worth it (court fees start at £30).

At arms length
The Consumer Protection (Distance Selling) Regulations (DSR) law gives you extra protection when buying goods you have not had the chance to examine, such as when shopping online or by phone, from a UK-based company.

The DSR says you must receive clear information about the goods or services offered, along with their cost and the identity of the seller before you buy. You should get written confirmation of this information after you have made your purchase and you also get a 'cooling off' period.

This must be at least seven days from after the goods have been received but can be more if stated by the retailer. During this time, and unlike when buying in person, you can change your mind and cancel your contract even if the goods are not faulty.

Unless agreed otherwise, the goods must be delivered within 30 days. If not, you can cancel the order and claim a full refund. A retailer may demand that you pay the return carriage if the goods are not faulty but they have to make this clear from the start.

"If the company expects the consumer to pay return postage for unwanted goods, this must be clearly set out in the terms and conditions," said Paula Barrett, leading IT solicitor with law firm Eversheds.

Long distance legal aid
A Mail Order Protection Scheme (Mops) is run by magazines and newspapers, including Computeractive, as additional insurance for people who buy goods from display advertisements.

If you have ordered something this way and the company ceases trading, you could make a claim from the magazine. It should be noted, though, that the protection doesn't cover smaller classified ads and loose inserts.

This protection is quite limited. You must have bought the goods over the phone and paid for them by post. It offers no protection for online or overseas purchases and liability is usually limited to about £2,000 per claim.

You must keep detailed records, including the original advertisement and proof of payment. These are then sent off to the relevant claims department - you can find details of our Mops contacts on the Consumeractive page in every issue.

Fair's fair
There are many examples of unfair contracts, such as penalty clauses and (except in special circumstances) terms which give the trader the right to vary the terms of the contract (for instance, by increasing the price) without you having the right to withdraw.

The Office of Fair Trading (OFT) has found that this regulation is often flouted by IT businesses. A spokesman for the OFT told us that many of the terms used by these companies are not only considered unfair but fall foul of other consumer regulations, such as the DSR.

For example, many companies try to charge what they call a restocking fee for returned items that are not faulty. "It must be clear to consumers how they can return goods, but restocking fees are illegal," says Barrett.

And here's another little gem that will interest Computeractive readers. Consumers are often told that they cannot reject goods that are not faulty if they have been 'made to order'.

The OFT insists that this shouldn't apply to many computers and states that "we would not accept the building of a computer from a selection of standard components as being built to a customer specification".

That means a computer offered with variable components, such as hard disk size or a specific graphics card, is not considered to be 'made to order'. So if you were to reject one under the DSR, for example, the company could not necessarily insist otherwise.

However, it is for the courts to decide if a term is unfair. If you think a term is and don't wish to be bound by it, you should contact your local Trading Standards department or Citizens Advice Bureau.

Stand up for your rights
As you'll now know, consumer protection law is a complicated business, but we hope you have a better understanding of your rights after reading this feature.

The question of interpretation is always important - when considering entering into any dispute, whether by starting a small claims court action or simply taking an item back to the shop, consider the situation objectively.

Before claiming that a manufacturer or retailer has not fulfilled its responsibilities, ask yourself if you have fulfilled your responsibilities as a buyer. If so, insist upon your rights.

Know your consumer rights - Part 2: Solving disputes

See also:

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