Can I get a return or replacement if the item breaks after 30 days? You have six months to return a faulty item and the burden of proof is on the retailer to prove the item wasn't damaged. They are allowed to have one crack at a repair or replacing the item, but after that, you can ask for a refund.
It’s that time of year when our thoughts start to turn to Christmas and that (anxiety-inducing) festive budget. Only this year, the world is very, very different.
The cost-of-living crisis has forced us take a cold, hard look at our finances. A year of spiralling prices has left us guarded and more conscious of where our wages are going.
There are other factors that will affect how we spend this year, too. The pandemic and Brexit have affected production lines in recent years. Key components, like lithium batteries, are in short supply, which makes electronics and gadget gifts scarcer. Overall, that means there’ll be less choice and fewer products in stock this Christmas.
Thanks to the supply chain crisis, there’s also still something of a backlog with shipping, transportation and delivery services. That means you could be facing longer delivery timescales and higher postage costs for some items.
From faulty goods to delayed deliveries, there are important consumer rights laws you need to know to protect your money at this time of year.
My top tip? If you find yourself in dispute with a retailer about a purchase, send them this Q&A guide with your complaint, just so they know that you know exactly what your rights are.
What happens if the item turns faulty after the returns period?
When am I entitled to a refund?
The most important law when it comes to returning goods is the Consumer Rights Act.
This law ensures the goods you buy are ‘of satisfactory quality, as described or fit for purpose’. If the item fails to meet one or all of these categories, you can ask for a refund, replacement or repair depending on when things went wrong. This includes missing deliveries.
The Act also states that if there is a problem with a product or service within 30 days of purchase, you can ask for a full refund. That includes the costs of postage too. There are exceptions though, so if you’ve ordered something tailored or bespoke, then this may not apply.
Can I return things if I’ve changed my mind?
If you bought goods or services online or over the phone, you have 14 days to change your mind under the Consumer Contract Regulations (2013). This applies even if there’s nothing wrong with it. In-store purchases are different though and will depend on the shop’s policy.
Speed is of the essence here, so make sure you tell the retailer that you are returning an item rather than just sticking it back in the post. Items get lost and there are postal strikes at the moment, so stop the clock by speaking to the firm as soon as you decide to return the item.
Always get proof of postage from the Post Office – this is a free service.
Do I have to cover postage for returns?
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If there’s nothing wrong with the item, then you usually have to pay for the postage. In the past, this wasn’t too much of an issue, as businesses tended to cover the cost of returns to encourage people to buy more stuff. However, those days are largely gone.
I must say, I am pretty outraged that online retailers are now charging their customers to return items.
Online-only shops were significantly responsible for killing off many of our main high street brands because they didn’t have the burden of the costs associated with running a shop on the high street. So I think it’s a bit cheeky that they now want to charge people for returning items, given we have to speculatively order things like clothes to try them on and see if they fit. Many of these companies are dreadful when it comes to customer service too.
The question is, can they get away with charging for refunds? Sadly, yes. This isn’t illegal. But you can make your voice heard by checking before you buy to see if the business does charge for this vital service – and whether they have a phone number so you can call them if something goes wrong. If they don’t, think twice before you shop.
How quickly will my refund be processed?
The retailer has 14 days to refund you from the day they receive the goods (or the day you tell them if it’s a service). That includes delivery costs for returning the item if it’s damaged or misrepresented.
This brings me to another bugbear with retailers and refunds. Most shops will tell you that they have three to seven working days to refund your account. Beyond the 14-day period, there’s no reason why they can’t refund you instantly.
This arbitrary timescale seems to be a relic from ye olde days, when businesses would either refund by cheque or a refund to your bank or card would take a few days to hit your account. Payments to accounts are more or less instant these days, so if the money isn’t turning up when promised, notify your bank or card provider and ask them to ‘charge back’ the cash.
What constitutes a ‘late’ delivery?
Your goods should be delivered on the date you agreed when you placed the order. If no date was given or agreed, the trader has 30 days to get it to you. If this does not happen, you are entitled to a full refund.
This is stated in the Consumer Contracts Regulations 2013 (formerly the Distance Selling Regulations) if you fancy getting all legal with a stubborn seller. If you paid a premium for a specified time or date of delivery, you can ask for this back too.
What are my rights when buying goods from retailers abroad?
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Your rights if a purchase goes wrong with an overseas retailer
Problems with orders from other countries are one of the fastest growing areas of complaint, as more and more foreign firms target shoppers through online websites and social media advertisements.
Returns can also be difficult and expensive. So before you buy from a non-UK firm, check:
If they have a UK website. Look for a UK address and if it’s not clear, confirm with the retailer that they are UK based.
If the prices are in Sterling. If not, you pay the exchange rate at the point the firm debits you, which means the price can fluctuate quite a bit (a particular challenge with the volatile pound at the moment). You will probably pay bank or credit card processing charges too.
What the returns policy is and how to contact the firm if something goes wrong.
If there will be import taxes and charges when the goods enter the country.
I hear lots of complaints about retailers that ship their items in the UK but are actually based abroad. Many of these firms sell through online marketplaces like Amazon or eBay, both of whom have complaint resolution schemes that you can complain through instead. But the moral of the tale here is check everything before you order, including how to contact the firm if there is a problem.
Can I get a return or replacement if the item breaks after 30 days?
You have six months to return a faulty item and the burden of proof is on the retailer to prove the item wasn’t damaged. They are allowed to have one crack at a repair or replacing the item, but after that, you can ask for a refund.
After six months, you’ll need to prove why you didn’t realise the item was damaged or that the problem isn’t just wear and tear. Be prepared to compromise. You could be looking at a repair or a replacement – and if the product has been upgraded since, you aren’t entitled to the upgraded version.
What about individual stores and their returns policies?
A retailer can’t ignore the law, but many of them offer better returns policies for things you don’t like or want, as part of their deal to keep you as a loyal customer.
Many stores increased their timescales for returning goods over the pandemic and haven’t switched back, but don’t be complacent.
Always keep the receipt and don’t leave it until the last minute to return it.
Wager Mage
Photo: Amir Esrafili
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