business words | Eran Shay & Ayelet Mamo Shay Benefit Business Solutions Ltd
THE RIGHT WAY TO SHOP Decrypting Sale of Goods Act in Gibraltar
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reasonable time frame, depending on the ith the Christmas shopis the foundation that makes sure you get ping now in full swing in what you pay for. product, e.g. a new car). This might sound Gibraltar, issues such as repretty basic common sense, but without it, turn & refund policies, faulty “Satisfactory quality”: This means that you can find yourself exposed. goods and other consumer related matters the goods must meet the standards that tend to be more common. It is imperative The above rights still apply when you buy any reasonable person would expect. This that we should all know our includes the appearance and fingoods during Sale times. basic statutory rights for shopish of the goods, their safety and It is imperative ping. Under the Sale of Goods durability and whether they are When you buy second-hand goods, the Act in Gibraltar, when you buy that we should all free from defects. But what’s rea- above conditions still apply but you will know our basic goods from a trader, the law sonable? Now, there’s a question also need to take into account the age statutory rights says they must be: lawyers have rowed about for of the goods and the price you paid. If for shopping. years. Reasonable means what a you’re buying goods from a private seller “Satisfactory As Described”: reasonable person would think is (someone who doesn’t sell goods for all or Now, the latter part of this, “as described”, fair. So, there’s no set answer. part of their living), your rights are might sound pretty obvious; for example, nowhere near as strong as when ...the goods a blue dress either is or isn’t. But other “Fit for purpose And last a must meet the buying from a shop. The goods goods, such as a silk shirt or a cashmere Reasonable length of Time”: standards that are sold as seen, so they may not sweater, must be made of that material, be of good quality but they must This means that the goods any reasonable while a multi-region DVD player must play match their description. If you saw must be fit for the purpose person would international DVDs. In most circumstances, they are generally intended the goods advertised, keep the expect. it also means that they must conform to advertisement as evidence. for and any other use that any advertising claims made about them. the trader has advised you It’s easy to buy goods that don’t measure of. Goods must also work and not fall Refunds, Replacement and Repairs: up to what the label says. So “as described” to bits after an hour’s use (or any other Traders are generally only legally obliged to 26
GIBRALTAR MAGAZINE DECEMBER 2015