Many Happy returns!
If you’re thinking of returning goods after Christmas, then Warwickshire County Council Trading Standards Service has the advice you need.
Legally, you can only return goods bought from a shop if they are faulty or of unsatisfactory quality, not fit for their purpose or misdescribed (not what they are supposed to be). However, many shops have goodwill policies that go beyond your statutory rights. For example, some stores allow you to exchange goods that aren’t faulty, such as clothes that are the wrong size.
If you tell the seller promptly that the goods are faulty and you don’t want them, (even if you have used them a few times before you discover the fault), you should be able to get your money back as long as you have not legally ‘accepted’ the goods. One of the ways you accept goods is by keeping them after you’ve had a reasonable time to examine them, and without clearly saying that you want to return them. What is ‘reasonable’, however, is not fixed - it depends on the circumstances. In the end only a court can decide what is reasonable if a dispute arises.
If you delay in examining what you’ve bought or in telling the seller that you wish to reject the goods, then you might lose your right to reject. In this case you may only be entitled to a repair or replacement.
You may also choose a replacement or a repair, instead of a refund for goods that do not conform to the contract within the six months after they were delivered.
Don’t worry if you lose your receipt - your rights still apply. However, a receipt is important evidence of when and where you bought the goods and, if you don’t have a receipt, some alternative proof of purchase is likely to be necessary. A credit card bill or bank statement might do as an alternative.
If you received faulty goods as a present, you might need to ask the person who bought them for the receipt or proof or purchase, or to complain for you.
The law says it’s up to the seller to deal with complaints about defective goods or other failures to comply with your statutory rights. Don’t accept the excuse that "It’s the manufacturer’s fault," although you might also have additional rights against the manufacturer under a guarantee.
Finally, think twice before you buy from a trader who displays a ‘no refunds’ notice. It is against the law, unless it also tells you that this does not affect your statutory rights.
If you have shopped from home this Christmas, on the internet for example, for many goods bought from EU countries you have a ‘cooling off’ period during which you can change your mind and cancel the agreement – for what ever reason. The seven working days start with the day on which the goods are received.
For consumer advice phone Consumer Direct West Midlands on 08454 04 05 06, or visit our website http://www.warwickshire.gov.uk/consumeradvice
How to Complain
Step 1 Visit the business or retailer, and ask to speak to the manager.
Step 2 Explain your problem, and what you expect to be done to resolve it.
Step 3 If the problem is not resolved, put your complaint in writing.
Step 4 Give the trader 14 days to respond, or less time if it is an emergency.
Step 5 If you still don’t get the response you hoped for seek further legal advice.
Consumer Direct is a Government-backed telephone and online consumer advice service which works in partnership with Local Authority Trading Standards. It provides clear, practical and impartial advice and information to help consumers resolve problems and disagreements with suppliers of goods and services.
Consumer Direct is available from 0800-1830 Monday to Friday, and 0900-1300 Saturday, excluding bank and public holidays. Calls cost a maximum of 4 pence per minute from a BT landline. Calls from mobiles or other networks may vary. Your service provider may charge a minimum cost per call. The advice and information given is free.