Citizens Advice Bureau - CABoodle Consumer Rights

Do shops have to give refunds for returned goods?

Goods bought from a shop must be fit for the purpose for which they were bought, match any description that is given and be of satisfactory quality. That means that goods should be what you reasonably expect them to be considering the price you paid. If these requirements are not met then you may have a legal right to reject them and get your money back. If you cannot get back to the shop for some days you should telephone and let the seller know that you have a problem with the goods and that you want to reject them and get a refund.

If you have kept an item for several weeks without properly checking it out and then discover a problem or fault, you may have difficulty in returning it and getting a refund because you would have had what is called ‘reasonable’ time to use the goods. There is no legal definition of what a ‘reasonable’ time is.

I bought an MP3 player from a shop and a week later it stopped working. I took it back but the shop assistant said I’d have to talk to the manufacturer. Is this true?

No, because you bought the MP3 player from the shop, your contract is with them and not the manufacturer. If it has broken you have rights under the Sales of Goods Act as it was not of a satisfactory quality. You are entitled to a refund or an exchange from the shop.

Do I have to accept a credit note for goods returned to a shop?

If you take goods back to the seller because they are of unsatisfactory quality, not fit for their purpose or do not match their description then you do not have to accept a credit note, you are within your legal rights to ask for your money back.

However, if you accept a credit note when you were entitled to your money back, you cannot later change your mind unless you can prove that you were forced to accept the credit note by the seller.
If you have taken goods back to a seller because you simply changed your mind about them, for example you did not really like the colour, then you would have no legal right to ask for your money back. If the seller is offering you a credit note in these circumstances they are doing more than is required by the law.

I bought something in the sales that I want to take back, what rights do I have?

You don't have the right to take something back to a shop just because you've changed your mind. This applies whether you've bought it in a sale or at any other time. However, it's worth going back to the shop to ask if they'll take it back anyway. Many shops, especially the larger high-street retailers, have a 'returns policy', which means they'll allow you to return the item and get a refund, exchange, credit note or gift voucher to the same value instead. There is usually a time-limit for doing this.

Remember that shops aren't required by law to let you bring unwanted items back, and that even shops which will normally allow you to do this, might not let you do it for items bought in a sale.
The best way to make sure you can take something back that you don't want, is to come to an agreement with the sales assistant that you can do this before you buy it. If you have made an arrangement of this kind, the shop is obliged to honour it.

Of course, if there is something wrong with the item, you will have the right to take it back. Depending on the circumstances, you may have the right to a full refund, to get some of your money back, or to get a repair or replacement. You could also choose to accept a credit note or gift voucher, but you don't have to if you'd rather the problem was sorted out in another way.
You have these rights whether you buy something in a sale or at any other time. If the shop tells you otherwise, they are breaking the law, and you should complain to Consumer Direct on 0845 404 0506.

However, some sales goods can be reduced because of slight defects so check things carefully before you buy them. If the fault was pointed out to you before the sale, for example on a sign, label, or by the shop assistant, the shop doesn't have to take the item back. This could be the case even if the fault wasn't pointed out to you, but it was so obvious that you should have noticed it anyway.

If the fault wasn't pointed out and wasn't obvious, you can insist on your rights!

The item I have bought has a guarantee - what exactly does this cover?

A guarantee is extra protection over and above your legal rights when you buy an item. The seller does not have to give you a guarantee.

Guarantees given free with goods bought on or after 31 March 2003 must be written in clear English and be available for you to see. The conditions of the guarantee are legally binding.
In some cases a guarantee allows you to have faulty goods repaired or replaced. Giving a guarantee does not mean that the seller can ignore your legal rights as a customer, for example, your right to get your money back in certain circumstances if there is a problem with the goods.

If a trader tries to ignore a customer’s legal rights they may be committing a criminal offence. You should contact Consumer Direct on: 0845 404 0506.

I have been sold a faulty car but the dealer refuses to discuss the matter - what could I do next?

If the trader will not speak to you then the next course of action you should consider is to write to the trader (remembering to keep a copy of the letter) setting out the problem and letting them know what action you would like them to take. You should allow the trader a reasonable time to respond to the letter - perhaps 14 days which will allow them to look in to the problem and to get back to you. It may be a good idea to send the letter by recorded delivery as an assurance that the letter reached the trader.

When the deadline is up, if the trader still has not made any attempt to put right the problem then you could consider taking court action against the dealer.

I bought an item from a private advertisement in a newspaper but it is faulty - what rights do I have?

You have very few rights when buying privately. Items are usually sold as seen which means that you should thoroughly examine the item before buying it. It is a good idea to take someone with you as a witness and, depending on the item being bought, you should ask the seller to demonstrate it so that potential problems may be identified.

The only real protection you have when buying privately is that the item being sold should be as it is advertised. That means it should match the description given in the advertisement. For example, if someone went along expecting to buy a leather coat and it turned out to be “leather-look PVC” then the item does not match the description because it is not leather.

I want to order goods on the internet but have never done it before. Are my consumer rights different?

If you buy goods from a trader without having face-to-face contact with them, this is known as distance selling. Examples of distance sales include goods that are bought:

• by telephone or fax, including text messaging and mobile phones
• by mail order
• electronically through the internet, e-mail or digital television
• through a shopping channel, or teletext
• from a catalogue
• through a newspaper or magazine advert order form.

If you buy goods in any of these ways, you have rights on top of those you have when you buy goods in a shop. The most important of these is the right to a 'cooling off' period. This gives you the right to cancel your order within seven working days, without having to pay anything. The trader must tell you about this right when you place your order. Other additional rights you have when you make a distance sale include the right:

• to be given the name and address of the trader
• to be given the price of the goods, including taxes and delivery charges
• to receive the goods within 30 days
• to keep or dispose of any goods you receive but have not ordered. If a seller demands payment for goods you haven't ordered, you don't have to pay for them or return them.

If you use a credit card to buy goods in any of these ways, you also get special protection against the fraudulent use of your credit card details.

E-commerce is when you buy goods electronically. Buying goods over the internet, by text message or mobile phone are all examples of e-commerce. When you buy goods using e-commerce, you have the same rights as when you buy in a shop and by distance sale, but the trader must also give you some additional information. This applies if you use e-commerce to buy goods in the UK, or anywhere else in the European Union. The trader must:

• give you detailed instructions for completing your order
• tell you how to correct any mistakes you might make when placing your order
• supply any terms and conditions of the sale in a format that can be easily saved or printed out
• tell you whether they will keep a file of the sale for you to access
• tell you about any codes of conduct which apply to the sale and how you can look them up electronically
• send an acknowledgement that the order has been received.

For more information on this topic click on the document below