A mobility scooter is a big purchase, and many are now bought online or over the phone from a specialist retailer. When something goes wrong, from a scooter that arrives with a fault to one that turns out not to suit you, your rights depend on the law rather than on the retailer’s goodwill. This guide sets out what GOV.UK and the Consumer Rights Act 2015 say about buying goods from a trader, with the differences that matter in Scotland. It applies to purchases from a business; private sales are different, and this article does not cover them.
Changing your mind: the 14-day cancellation right
GOV.UK’s guidance for businesses says that online, mail and telephone order customers have the right to cancel for a limited time even if the item is not faulty; these are known as distance sales. It says a business must offer a refund if the customer tells them within 14 days of receiving the item that they want to cancel, and that the customer then has another 14 days to return it. The refund must be made within 14 days of the business receiving the item back. The customer does not need to give a reason, and the business cannot deduct fees unless the item has been used or damaged. Standard delivery costs must also be refunded.
There are exceptions. GOV.UK lists certain items where a refund is required only if the item is faulty, including personalised or custom-made items (its example is curtains). If you are ordering a scooter that is built or adapted to your measurements, it is worth asking the seller before you order whether the cancellation right applies.
These points are our own practical suggestions: a scooter is large and heavy, so ask how a return would be collected, and who pays for it, before you buy. Keep the packaging until you are sure, and photograph the scooter on delivery.
When the scooter is faulty
Under the Consumer Rights Act 2015, every contract to supply goods is treated as including a term that the quality of the goods is satisfactory. Section 9 says goods meet that standard if they reach the level a reasonable person would consider satisfactory, taking account of any description, the price and all the other relevant circumstances. Section 9 also lists aspects of quality, such as fitness for all the purposes the goods are usually supplied for.
If the scooter does not meet that standard, you have options:
- Short-term right to reject. Section 22 sets the time limit as the end of 30 days beginning with the first day after ownership has transferred, the goods have been delivered and, where the trader is to install the goods, the trader has said that has been done. Within that period you can reject the goods and ask for a refund.
- Repair or replacement. Section 23 says that if you ask for a repair or replacement, the trader must do so within a reasonable time and without significant inconvenience to you, and must bear the necessary costs, including labour, materials and postage. It also says you cannot require a remedy that is impossible or disproportionate compared to the other.
Faults that show up later
GOV.UK’s guidance says that if a customer who has accepted an item later finds a fault, the business may have to repair or replace it. It says a business must repair or replace an item that is returned within six months unless it can prove the item was not faulty when it was bought; after six months, the business can ask the customer to prove the item was faulty at the time of sale. Customers have up to six years to make a claim for an item bought from a business, or five years in Scotland. A warranty or guarantee does not reduce these rights: GOV.UK says a customer has the same right to free repairs or a replacement whether or not they hold a warranty, and may still be entitled to a repair or replacement after a warranty has run out.
The guidance also says a business does not have to refund a customer who knew about a fault when they bought the item, or who damaged it by trying to repair it themselves or having someone else do it, although they may still have a right to a repair, replacement or partial refund. A trader can ask for proof of purchase, such as a receipt, bank statement or packaging.
Where to get help
GOV.UK’s consumer rights page lists free advice for each nation: Citizens Advice for England and Wales, Advice Direct Scotland for Scotland, and Consumerline for Northern Ireland. These helplines can refer complaints to local Trading Standards. If a dispute with a retailer is not resolved, the same page points to ombudsmen for certain industries.
A checklist before you buy
These are our own suggestions rather than legal advice. Read the seller’s returns policy alongside your statutory rights; a policy cannot take away rights you have by law, as GOV.UK says it is illegal to restrict them or mislead customers about them. Take the scooter for a proper test in the first days, including the charger, the brakes and the tilt of the seat. Put any fault in writing, with photographs, as soon as you notice it, and keep every email and receipt.
The bottom line
When you buy a mobility scooter from a business, you generally have a 14-day cancellation right for distance sales, a 30-day right to reject a faulty item, and repair-or-replace rights that run for years, with a five-year limit in Scotland. Know the difference between changing your mind and a fault, act promptly, and keep your paperwork.
Sources
- GOV.UK, “Accepting returns and giving refunds: the law”
- legislation.gov.uk, Consumer Rights Act 2015, section 9 (goods to be of satisfactory quality)
- legislation.gov.uk, Consumer Rights Act 2015, section 22 (short-term right to reject)
- legislation.gov.uk, Consumer Rights Act 2015, section 23 (repair or replacement)
- GOV.UK, “Consumer rights”