Rights When Goods Are Not as Described

When consumers purchase goods, they rely on descriptions provided by retailers, whether in-store, online, or through advertising. If those descriptions are inaccurate or misleading, the law in England and Wales provides clear protections. The key legislation is the Consumer Rights Act 2015, which requires goods to match their description as a fundamental contractual term.

This article explains what “not as described” means in legal terms, what rights consumers have, how to enforce those rights, and what steps can be taken if a dispute arises. It is designed to provide a clear, structured understanding of the law and practical guidance for resolving issues.

What Does “Not as Described” Mean?

Under the Consumer Rights Act 2015, goods must:

• Match any description given
• Correspond with any sample or model shown
• Reflect information provided in advertising or by the seller

This requirement is a core implied term of the contract. If goods do not match their description, they are legally considered non-conforming, even if they function correctly.

Common Examples

Goods may be “not as described” where:

• A product differs from its online listing (e.g. wrong size, specification, or features)
• An item is advertised as new but is refurbished
• A car is described as having a full service history but does not
• Clothing differs in material or quality from what was stated

Even small discrepancies can amount to a breach if they affect the consumer's decision to purchase.

Legal Basis: The Consumer Rights Act 2015

The Act consolidates and clarifies consumer law in England and Wales. It requires that all goods supplied under a consumer contract must:

• Be of satisfactory quality
• Be fit for purpose
• Be as described

If goods fail to meet any of these requirements at the time of delivery, the consumer is entitled to remedies.

Importantly, these rights:

• Apply automatically
• Cannot be excluded or limited by retailer terms
• Apply to both new and second-hand goods

Your Rights if Goods Are Not as Described

The law provides a structured system of remedies, often referred to as “tiered remedies”.

Short-Term Right to Reject (Within 30 Days)

If goods are not as described, consumers usually have a 30-day right to reject and obtain a full refund.

Key points:

• The 30-day period begins from delivery or collection
• You do not have to accept a repair or replacement during this time
• The refund must be provided without undue delay

This is often the most straightforward remedy.

Right to Repair or Replacement (After 30 Days)

If more than 30 days have passed:

• The consumer can require a repair or replacement

The retailer must:

• Complete this within a reasonable time
• Avoid causing significant inconvenience

The retailer typically has one opportunity to resolve the issue.

Final Right to Reject or Price Reduction

If repair or replacement is unsuccessful:

• You can reject the goods and request a refund
• Alternatively, you may keep the goods and seek a price reduction

In some cases, particularly after prolonged use, a deduction may be made from the refund.

The First Six Months: Presumption in Favour of the Consumer

If a product is not as described within the first six months:

• It is presumed the issue existed at the time of delivery

This means:

• The retailer must prove the goods were correctly described
• The burden of proof does not initially fall on the consumer

This significantly strengthens a consumer's position when making a claim.

After Six Months: Proving the Issue

After six months:

• The burden shifts to the consumer

You may need to provide:

• Evidence of the original description (screenshots, adverts, emails)
• Expert reports or supporting documentation

This highlights the importance of retaining records of the purchase.

How to Take Action Step by Step

1. Identify the Misdescription

Compare the goods with:

• The product listing
• Advertising materials
• Any statements made by the seller

Document any differences clearly.

2. Gather Evidence

Collect:

• Proof of purchase
• Screenshots or copies of the description
• Photographs of the item received

This evidence is crucial if the dispute escalates.

3. Contact the Retailer

Write to the retailer explaining:

• The goods are not as described
• How they differ from what was agreed
• The remedy you are seeking

Referencing your rights under the Consumer Rights Act 2015 can help clarify your position.

4. Return the Goods

If rejecting the goods:

• Notify the retailer clearly that you are rejecting them
• Follow reasonable return procedures

Where goods are not as described:

• The retailer is generally responsible for return costs

5. Escalate if Necessary

If the retailer refuses to resolve the issue:

• Use the retailer's complaints process
• Consider Alternative Dispute Resolution (ADR)
• As a last resort, issue a claim in the County Court

Small claims procedures are commonly used for lower-value disputes.

Online Purchases and Distance Selling

Where goods are purchased online, additional rights apply under the Consumer Contracts Regulations 2013.

Consumers may:

• Cancel within 14 days for any reason
• Return goods within a further 14 days

However, where goods are not as described:

• Consumer Rights Act remedies apply independently
• You are not limited to the cooling-off period

Who Is Responsible?

The legal responsibility lies with the retailer, not the manufacturer.

This means:

• Claims must be directed to the seller
• Retailers cannot require you to deal with the manufacturer

This principle reflects the contractual relationship between consumer and trader.

Time Limits for Bringing a Claim

Consumers generally have up to six years to bring a claim for breach of contract in England and Wales.

However:

• The longer the delay, the harder it may be to prove the issue
• Evidence becomes increasingly important over time

Common Issues and Misunderstandings

Minor Differences

Even small inaccuracies can be legally significant if they influenced the purchase decision.

“Like-for-Like” Substitutions

Retailers cannot substitute a different product without agreement, even if they consider it equivalent.

Store Policies vs Legal Rights

Retail return policies do not override statutory rights.

Second-Hand Goods

These must still match their description, though expectations of quality may be lower.

Risks and Practical Considerations

• Disputes may arise over whether the description was misleading
• Evidence may be incomplete or unavailable
• Retailers may argue the difference is minor
• Court action may involve costs and time

Consumers should act promptly and keep detailed records to strengthen their position.

Common Questions from our Readers

Can I reject goods if they work but are different from the description?

Yes. Functionality does not remove the requirement that goods must match their description.

Do I have to accept a replacement?

Not within the first 30 days. After that, usually yes before requesting a refund.

What if the description was unclear?

Ambiguity may still favour the consumer, particularly where the retailer created the description.

Final Thoughts

When goods are not as described, consumers in England and Wales benefit from strong statutory protections. The key principles are:

• Goods must match their description at the time of sale
• Consumers can reject goods within 30 days for a full refund
• Repair, replacement, or price reduction apply after that period
• The retailer is legally responsible for resolving the issue

By acting quickly, keeping clear evidence, and understanding the legal framework, consumers can enforce their rights effectively and resolve disputes with confidence.