It’s that time of year when we are doing our Christmas shopping and knowing our consumer rights.
Knowing our rights with returning unwanted gifts, what we can and can’t return, credit notes and how to get our money back if something is faulty can be bewildering.
Online shopping and problems with couriers and deliveries is an issue which affects us all.
It can be confusing and a minefield to understand your legal rights. We work hard for our money and customer service is at an all-time low, so we need to know our consumer rights to keep more of our cash in our pockets.
Check store’s returns policy online in advance. Staff may not know what the policy is or your consumer rights.
I don’t like it. Can I have my money back?
Retailers are not obliged to give you a refund if goods are not faulty or you have simply changed your mind. They may offer you an exchange or a credit note, although you are bound by a store’s terms and conditions.
This should be clearly displayed on receipts and notices in-store. The return time is usually 28 days, although many stores extend return times over Christmas.
If you have a gift receipt, you can return it and get a refund, replacement or credit note. The retailer’s terms and conditions apply.
If you do not have a gift receipt, you will be relying on the store’s policy. If the price has dropped in the post-Christmas sale, that is the amount you will get if the store gives you a refund.
Buying online gives you better cover as it’s classed as a distance sale. This gives you a cooling off period under The Consumer Contracts Regulations 2013.
You have a 14-day window and ‘right to cancel’ an order if you change your mind. You have another 14 days on receipt to notify the retailer you want to return the goods because you have changed your mind and another 14 days on top of that to return the goods.
You could consider regifting it, donate to charity or sell it online instead.
The gift I bought is faulty – what are my consumer rights?
The Consumer Rights Act 2015 states that whatever you buy must be fit for purpose, as described, satisfactory quality and last a reasonable length of time.
You are entitled to a refund within the first 30 days of purchase. This is often referred to as a ‘short-term right to reject’ under S22 (3) Consumer Rights Act 2015.
Once you are past 30 days, you have up to 6 months from the date of purchase to return faulty goods but the rules slightly change. You are entitled to a refund, repair or replacement, although you cannot choose which option you want (but you can ask nicely).
You do not have to pay to return faulty items bought online.
Don’t worry if you have lost the receipt. Proof of purchase will do such as a bank or credit card statement.
I received a faulty gift – what are my consumer rights?
You can return it to the retailer for a full refund within 30 days of purchase under the Consumer Rights Act 2015 if you have proof of purchase.
I bought gifts online. Can I change my mind and get a refund?
Buying online gives you better cover as it’s classed as a distance sale. This gives you a cooling off period under The Consumer Contracts Regulations 2013.
You have a 14-day window and ‘right to cancel’ an order if you change your mind. You have another 14 days on receipt to notify the retailer you want to return the goods because you have changed your mind and another 14 days on top of that to return the goods.
The only exceptions are perishable and bespoke goods including computer software, DVDs and CDs, holidays and travel.
The item must be unused, with labels still attached and in original packaging.
You may need to pay return postage depending on the retailer’s policy if you have changed your mind.
If the goods are faulty, you do not have to pay for returns.
The retailer must process the refund within 14 days of receiving the returned item.
You do not have a receipt – there’s nothing we can do to help you
Proof of purchase is all that is required. A bank or credit card statement will suffice.
It was bought in a sale – we do not accept returns on that basis
Your consumer rights remain the same under the Consumer Rights Act 2015 unless the faults were pointed out at the time of purchase.
It was ‘SOLD AS SEEN’ – you have no comeback
If you are told that a faulty item was “sold as seen”, this is irrelevant. S31 Consumer Rights Act 2015 states that a term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader’s liability. In other words, your right to redress remains the same under the Consumer Rights Act 2015.
Online deliveries and your consumer rights
Your contract is always with the retailer – not the courier. Contact the retailer as soon as possible if your order has been lost, damaged or delayed.
The retailer is responsible under the Consumer Rights Act 2015 to ensure your goods arrive safely without undue delay and within 30 days or placing the order.
S29 Consumer Rights Act 2015 states that the goods remain at the trader’s risk until they come into the physical possession of:
- the consumer, or
- a person identified by the consumer to take possession of the goods
If something you have ordered has not arrived, you should contact the seller to find out where it is.
It is the seller’s legal responsibility to make sure the item is delivered to you. They should contact the courier and let you know what has happened to your item. It is not your responsibility.
If your item was not delivered to the location you agreed (for example – it was left with your neighbour without your consent), it is the seller’s legal responsibility to resolve the issue.
Courier drivers are usually self-employed and only get paid for each parcel that is delivered. This often means that packages are thrown over a wall in to a puddle, left in a bin or outside in all weathers. If the parcel is damaged, it is the seller’s responsibility to remedy this and not the courier firm.
You are legally entitled to a replacement or refund if the package does not turn up.
I paid more for next-day delivery and my order arrived late – can I get a refund?
If your delivery was scheduled for a specific date as agreed when you placed the order, it should arrive as promised.
If it doesn’t, you are entitled to a refund including postage costs.
My order arrived damaged – what are my consumer rights?
Evidence is key on all disputes. Take plenty of photos and proof of time, dates, damaged goods and packaging.
Your contract is with the retailer, so they are responsible for ensuring the goods arrive safely in your possession – not the courier.
You can ask them for a replacement or a refund.
I want to return the gift online – do I have to pay?
You may have to pay if they are not faulty subject to the firm’s terms and conditions.
You don’t need to pay to return goods that are damaged, faulty or not as described in-line with the Consumer Rights Act 2015.
The retailer will not give me a refund – what can I do?
If the retailer refuses a refund and resolves your dispute with missing goods, you can enact a chargeback within 120 days with your bank or credit card provider and cite ‘breach of contract’ under the Consumer Rights Act 2015.
Chargebacks are often rejected on the first attempt. You need to push hard and state that a breach of contract has taken place. This puts the onus on the retailer to prove otherwise.
If you have paid more than £100 for goods by credit card, you are also covered by S75 of the Consumer Credit Act 1974 which holds the credit card provider and retailer jointly liable.
Your bank or credit card provider should reverse the payment while the transaction is being disputed, although that can be reversed back to the retailer if they prove their case. This is known as a contra-entry in banking circles.
It is expensive and problematic for retailers to deal with chargebacks. It’s worth mentioning to the retailer that if they do not give you a refund that you are entitled to, you will raise a chargeback instead.
If you receive a gift card, spend it ASAP. Gift cards are risky.
Some cards expire within just 6 months and carry hidden fees. You risk losing your money if a store goes into administration.
Cash is always better than gift cards.
Beware of scam text messages
Beware of emails that ask you to pay a storage or delivery fee for an undelivered package.
If you are expecting a parcel, track the delivery on the company’s website. Do not use links or details provided in an unexpected message.
Finally
Be specific when setting your preferences for delivery times to reduce the chances of delivery problems.
Ask a neighbour you trust if they can take parcels for you as your ‘designated safe place’.
If you specify an unsecure safe place and your parcel is stolen, you are liable as the firm and courier have followed your instructions.
If you do not leave instructions and your parcel is stolen, the retailer is legally bound to replace your parcel.
Have you had any problems with online deliveries? How well do you know your consumer rights?
