Christmas is a busy time for shopping – so consumer rights expert Martyn James explains everything you need to know about your rights and returns
I often talk about your shopping rights in this column.
Yet I also hear from readers every week about how certain retailers ignore the law, make it impossible to contact them or just ignore your attempts to get refunds.
When I wrote about this last year, my inbox melted with your responses. So let’s revisit the lies that retailers tell us with some all-new tips and things to watch out for.
…oh and don’t forget you can share this column with them if they dare to disagree with you! Be nice though – it is Christmas.
I’ve been told to go to the manufacturer by the retailer
The most common fob-off – deliberate or accidental – is when you’re told to go back to the firm that made the item by the shop that sold it. Don’t believe a word of it.
If the goods or services you buy are not as advertised, misrepresented, don’t work or don’t last an appropriate amount of time, then it is the retailer, not the manufacturer, who is legally responsible for sorting out the problem.
Having said that, there’s nothing wrong with going to the manufacturer if it’s a big brand or a pricier item (or if they have a good reputation for customer service). But always report the matter to the retailer first to give them a chance to sort it out.
The reason for this is the clock that governs your refund rights and deadlines for claiming stops when you notify the retailer of the problem. So if you tell the shop that your new phone doesn’t work on day 28 after the purchase, then you have reported the matter within 30 days and by law are entitled to a refund, even if they bump you to the manufacturer.
Why do so many people get referred to the manufacturer in a clear breach of the law? I can only assume that sometimes ‘retailer urban myths’ do the rounds at certain branches of shops or at call centres that result in people being given the wrong information. Stay calm and point out that you are invoking your legal right to return goods or get a repair.
My parcel has gone missing but the retailer says that I need to take it up with the courier
This one is so common virtually everyone I speak to has encountered it or knows someone who has encountered it. Let’s be clear: if a parcel goes missing, your contract is with the retailer not the delivery firm or the manufacturer.
The business that sold you the goods is responsible for getting them to you intact. This includes refunding you if the parcel or its contents are damaged. And yes, this also includes when the parcel is not delivered to you personally or left where you told the retailer to leave it. It is the retailer’s responsibility if the parcel is:
- Left somewhere you haven’t authorised.
- Left with an unauthorised neighbour.
- Left in a communal or unsecured area.
- Left outside a door (then goes missing).
If you’ve specified that a parcel can be left in a ‘safe space’ then it’s potentially down to you if it goes missing. So check before you click to order that a retailer hasn’t saved your last delivery instructions.
The most common reason for rejecting complaints is where retailers refer to a photo of a parcel outside of a door. First of all, that only proves a parcel visited a door at some point. It doesn’t prove you opened the door and received it. It doesn’t prove that the courier left the parcel there after the photo was taken. And it certainly doesn’t prove that it was even your door.
So don’t waste your precious life trying to argue with the chatbots on certain delivery company websites that insist your parcel has been delivered. Fight back if the retailer turns you down.
I can’t get in touch with the retailer
It’s becoming increasingly common for online shops to not include phone numbers for customer service or email addresses. So how do you contact them to ‘stop the clock ticking’ if you want to report a problem or change your mind?
Sadly, you’re usually left with the horrors of ‘live chat’. Now let’s be honest, often the live chat isn’t live at all. In fact it’s not even AI, just a rather clunky chatbot. These usually default to a human being if you continue to pester them.
Just type in something random if you can’t be bothered playing the game. Or type ‘complaint’ or ‘adviser’ over and over. If no human emerges, then take screenshots on your phone declaring your intent to return the item. Alternatively you can try to contact the firm via social media, which usually does connect to a human being.
If you haven’t spoken to a person, then follow the return instructions to the letter and photo the process and the label too. And if no refund emerges within 14 days of returning the item, you can follow the tips right below this…!
The retailer promised a refund but it hasn’t happened
This one is becoming increasingly common. If you finally manage to track down a way to contact a shop, what do you do if the refund doesn’t turn up?
As I mentioned above, the shop has a maximum of 14 days from the return of the goods to refund you. This doesn’t mean they should take the full 14 days. In fact, there’s absolutely no reason why retailers can’t refund you immediately under the faster payment rules – so push back if you need the money urgently.
However, many refunds simply never materialise. A cynic might say some shops hope you won’t notice or will assume that the refund took place. All you have to do is try. Failing that, ask your card provider to ‘charge back’ the money.
You may have to sign a short form saying what steps you’ve taken to get your refund. The money will be returned, though the retailer can object – but only if they can prove you’ve not returned the goods or nothing was wrong with them.
If you paid using an e-payments service like PayPal, then there is a buyer / seller dispute resolution scheme that works in a similar way. And with any financial institution you can go to the free Financial Ombudsman Service if you aren’t happy.
I’ve tried to return an item but I’m only being offered a voucher or credit note
If you’ve tried to cancel an order or return an item to a firm that’s based abroad, a tiresomely common tactic is for the firm to offer you a credit or voucher to put you off. These usually start at around 20% of the price paid, then this will double if you protest.
Don’t back down. Businesses that trade in the UK even if based abroad must follow our laws. That means you are entitled to a full refund for faulty or misrepresented goods within 30 days or if you’ve changed your mind for online purchases within 14 days.
I’ve been told I have to pay to return broken or damaged goods
For any goods that you buy that are faulty or are not as advertised, you do not have to pay to return the items.
Many retailers attempt to charge you to return heavy or bulky goods and returns. I’ve spoken to readers who have been told they have to cover sofas and mattresses in bubble wrap and pay for collections when the goods are damaged or aren’t working. This is ridiculous – and false.
It makes sense to check items as soon as they are delivered. The longer you leave it, the more of a challenge it can be to get a refund, but you don’t need to check the items on delivery. This isn’t always feasible, for example, if you’re having a kitchen delivered, you may have 50 to 100 packages.
Do I have to pay for a specialist to repair goods?
Some retailers will attempt to send a specialist to repair or assess goods that you say are damaged. I’m assuming that this is because the cost of returning and replacing these items is higher than normal. But the use of contractors is a decision for retailers to make – and it’s for them to pay the costs.
You may find that you are told you’ll have to pay if there’s nothing wrong with the item. So if you can film the problem on your phone, you can counter this scenario. This is also helpful if the faulty item suddenly starts working again when the engineer arrives!
The retailer is claiming they aren’t the seller of the goods
Online marketplaces is the official term for the often huge brands that allow other retailers to sell through their websites. This might be big retailers, or individual sellers flogging the contents of their loft.
Sometimes the website itself will tell you that you have to sort out a dispute with the seller of the goods. However, when you buy goods from a shop that operates in the UK then they are responsible for policing their site and ensuring the law is being followed.
These online marketplaces should all have ‘buyer/seller dispute resolution services’ that set out what both buyer and seller can expect if a problem arises. And don’t forget you have your ‘chargeback’ rights if the firm doesn’t play ball.
How do I return things I bought on the high street?
From boxing day onwards, the queues start building at the customer service desks of retailers around the land. Make sure you turn up with a receipt if you are after a refund. Many retailers extend return timescales at this time of year, often giving you to the end of January – but others are not so generous.
If there’s nothing wrong with an item, you can still return goods, but the store can set the rules for doing so. Check online first to see if the retailer allows refunds or offers store credit. You might want to take a screenshot too, just in case the person on the till is a bit fed up and doesn’t know the rules. Oh and try to keep as much of the original packaging as possible too.
All your shopping rights – right here!
Want to know more about the law, your shopping rights and timescales for returning items? Check out my full guide in the Mirror.
- Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist.
