Money Saving Expert Martin Lewis, 46, appeared on This Morning today to inform shoppers the importance of knowing their consumer rights. After many purchased their Christmas gifts weeks ahead of 25th December, time may be running out at some stores to return products. Some people may also have received faulty Christmas presents, items that didn’t fit, or a gift they simply didn’t like. But what do you need to know about returning items? Martin Lewis has explained all.
You don’t have a right to return store bought goods because they’re the wrong size or colour
When it comes to returning a piece of clothing because it’s the wrong size or colour, some shops may be able to refuse you.
The Money Saving Expert explained: “Jaws often drop when I reveal, buy goods in-store and you have no legal right to return them if you change your mind (unless something’s faulty). Many shops do allow returns, but they don’t have to.
“Though if they publish a ‘returns policy’ for example ‘you can exchange within 30 days’ then this is enforceable as it forms part of your purchase contract.”
Buy online and you can change your mind and regardless of what they say – you have 28 days to return goods.
“Online shoppers have more rights,” Martin said. “The Consumer Contract Regulations state that unless goods are personalised or perishable you have the right to send them back whether they’re faulty or not (even if you’ve opened the box, though this doesn’t apply to sealed audio, video or computer software that’s been opened).”
Martin added: “By law you have up to 14 days after you receive an item to notify the site you are returning it, and then up to 14 days after that to send it back. Therefore a total maximum 28 days.”
However, the Money Saving Expert also warned many retailers haven’t clearly outlined their returns policy.
He continued: “Many retailers give incorrect information about this. In research done a couple of weeks ago by my MoneySavingExpert.com team, 15 major retailers sites had incorrect or misleading info, including M&S which said it gives you 14 days to return sale items bought online then briefly caveated that “this does not affect your statutory rights”.
“Nine of them have agreed to review their sites, we’re reporting the rest to Trading Standards.”
Be a SAD FART and you’ll have no complaints
SAD FART means all goods should be of Satisfactory quality As Described, Fit for purpose And last a Reasonable length of Time.
Martin warned: “If not, they’re faulty, and that means you’ve strong legal rights. These are with the store you bought it from though, don’t let them fob you off to the manufacturer.”
To get a full refund return faulty goods within a month
“If goods are faulty, then you’ve 30 days to return them to get a full refund. Leave it later and you’re entitled to either a replacement or a partial refund,” Martin added.
You don’t need a receipt to return faulty items
To return an item that’s broken, all you need is the receipt or a bank statement with proof of purchase.
The ITV star continued: “However, if goods aren’t faulty, many stores do require a receipt to return them. And then, as they are being generous to allow returns at all, if they say jump up and down and call me Tigger to get your money back, be prepared to bounce.
Your legal rights are the SAME in the sales
The January sales are currently underway, but this doesn’t mean returns are any different for faulty items.
Martin said: “Even when things are discounted, you’ve the same rights if goods are faulty. Yet if they’re not faulty, you’re again reliant on the stores own policy, and some suspend their usual return rights in the sales, so check before you buy.
“The same applies if you’re buying second hand – provided you’re buying them from a trader (someone who buys and sells for a living, not a private individual selling personal items). The only difference is there can be a lower expectation of what is ‘satisfactory quality’.”
Court is the last resort
Martin advised being taken to court is a rare occurrence, but there are ways to get out of a difficult situation.
He told ITV viewers: “In 2014 I was asked to give evidence to the Consumer Rights Act parliamentary bill committee. They asked me if I thought their changes an improvement, I did, but I had one big problem with it…
“It’s all very well giving people strong rights, but the only way to enforce them if a shop plays hard ball is to go to court, and who’s going to do that for a £30 kettle! Sadly, still, little has changed. Many shops play fair but disputes do occur, and getting justice isn’t easy.
“If the shop assistant is unhelpful, politely ask to escalate a complaint to a manager. If that fails you could write formally to the firm’s complaints team (if they have one), tweet them, or complain via a site like Resolver.
“If that doesn’t work speak to Citizen’s Advice helpline on 03454 040506. If all else fails, you can take them to court. That sounds scarier than it is. Often it’s just filling in an online form at Money Claim – you don’t need a lawyer.”