We’ve all had disappointments with goods or services not being up to scratch. Maybe they’ve been damaged, are faulty, poor quality, arrive late or are unwanted gifts.
But do you know your rights around returning, swapping or having something replaced or repaired?
With money tight for all of us , we can’t afford to put up with shoddy goods or leave unwanted items languishing and gathering dust.
The Consumer Rights Act was introduced in the UK seven years ago, on October 1, 2015, giving protection when buying goods and services.
As many people are already beginning their festive shopping and the annual Black Friday November frenzy is on the horizon, it’s worth knowing where you stand.
Basically, the Consumer Rights Act says goods have to be of satisfactory quality and as described, fit to do the job they are intended to and last a reasonable length of time.
It is there to protect you against poor-quality products and unfair business practices.
“It’s very important that people know their rights when they buy goods and services,” says Matt Bartle, director of products at Leeds Building Society.
“We are approaching a very busy time for the retail sector as consumers look to bag bargains in the Black Friday sales and start to do their Christmas shopping.
“The Consumer Rights Act gives vital protection so it’s certainly worth taking the time to understand what rights you actually have.”
What does the act cover?
Your rights when buying products, services and digital content. Goods and services must be:
Fit for purpose
They must be fit for the purpose they are supplied for, and for any purpose you made known to the shop before you agreed to buy them. They must work and not fall to bits straight away.
As described
Goods should match the description given or any samples or models shown to you at the time you bought.
Satisfactory quality
This is a bit more difficult to define as a cheaper version of a product won’t be expected to be as high standard as a luxury version. This also covers how long something lasts.
For example, a cheap small appliance that gives up after three or four years is typically acceptable, but a top-of-the-range, expensive product that has been used with care that breaks after a year isn’t.
How long do I have to return a faulty product?
In the first 30 days from when you take ownership – immediately if you buy in-store, or on arrival with you for delivered items or online purchases.
In that time, you have the right to a full refund for items that are unfit for purpose, not as described or not of satisfactory quality. You can also ask the retailer for a repair or replacement, but they cannot refuse to refund you.
From 30 days to six months you have to give the retailers an opportunity to repair or replace an item, before you can claim a refund.
After six months you have to give the retailer one chance to repair or replace before you claim a refund. At this stage it is up to you to prove the product is faulty.
What about services?
From building work to a haircut and dry cleaning, a range of services are covered under the act, with minimum standards applying.
They must be carried out with care and skill and all information (written or spoken) is binding when a customer relies on it.
If a price isn’t agreed beforehand, then the service must be provided at a reasonable cost and, unless a timescale had previously been confirmed, it must be carried out in reasonable time.
If these standards aren’t met, the provider must either undo certain elements of the service, or perform the whole service again at no extra cost.
Who do I claim against?
Your rights under the act are with the retailer – the company you bought from – not the manufacturer. The customer services department is the best place to start.
A written letter, explaining the issue, quoting the Consumer Rights Act 2015, gives you a record and evidence, in case you need to escalate if you are not happy with the response.
How long does it take to get a refund?
You should get your refund within 14 days of the seller receiving the returned goods.
What about issues with delivery?
Unless a longer delivery date has been agreed with you, the default delivery period is 30 days.
Failure to deliver within this time means you have the right to cancel an order and get a full refund.
If you or the retailer specified a certain delivery date – such as for Christmas or to arrive for a special occasion – and your order is not delivered on time, you have the right to a full refund.
Do I have to accept a credit note?
If the goods are faulty, not of a satisfactory quality, not fit for purpose or not as described, then your statutory rights overrule any store’s policy on returns.
You will be entitled to a full refund, as long as you take them back within the right time frame.
What about non-faulty goods?
Items bought online, by phone or post can be returned without any reason for a full refund within 14 days of receipt. But this doesn’t apply for those bought in-store. Shops don’t have to accept returned goods unless they are faulty, not as described or unfit for purpose.
However, most stores do offer to exchange or refund purchases or offer a credit note as a goodwill gesture.
They each have their own policy, typically between 28 and 30 days, although some extend this over the festive season.
You will need to provide proof of purchase – the receipt, or gift receipt– and, in the case of card purchases, the card it was bought on so the refund can be applied to it.
If you don’t have the receipt for an item you don’t like, the shop has no legal obligation to give you a refund. It may offer an exchange or credit note.
If the item has gone into the sale, then you will only get the sale value.
Some items that you may not be able to return, unless faulty, include earrings, make-up, toiletries, perishable items such as flowers and food and bespoke or personalised items. DVDs, tech, music and computer software when the seal or packaging has been broken may also be an issue.
Do I have some protection if I buy on a credit card?
You also have cover on any credit card purchases for goods costing between £100 and £30,000 if they are faulty, not as described or don’t arrive under Section 75 of the Consumer Credit Act.
A claim will only be successful if the link between you, your credit card firm and the product/service supplier is maintained. That means if you used a third party, such as Pay Pal or Amazon Marketplace, to make the payment then Section 75 would not apply. But, you are covered on purchases made with Apple Pay.
Also, items bought as a secondary cardholder or purchased in someone else’s name other than the primary cardholder, such as a subscription, are not covered.
And it doesn’t matter if you didn’t pay it all by credit card – for example, you might have paid a deposit on your credit card and the rest on your debit card or by cheque and the full amount would still be covered.
You should always try to get a refund from the company you bought the goods/service from first.
If you have no luck then you can make a Section 75 claim via your credit card firm.
