Martyn James: Crisis doesn’t do away with consumer rights

Have you had a delivery disaster recently? Do you want to return goods but the shop said no? Are you getting steadily angrier as you wait in a call centre queue or fire off an online complaint form that’s bound to be ignored?

Returns policies still apply

Let me be crystal clear. Your consumer rights haven’t changed when it comes to goods and services bought online because of Covid-19. But here’s an overview that looks at some of the problems the pandemic has brought.

Shopping and returns

What does the law say?

The Consumer Rights Act (2015) gives you the bulk of your shopping rights. For items bought prior to the act, it’s the Sale of Goods Act (1979)

The act covers goods and services (including digital goods) and whether they are “satisfactory quality, as described or fit for purpose”. If the goods you buy don’t fit into these categories you can seek a refund, replacement or repair depending on when things go wrong.

What are my rights if I want to return a purchase but there’s nothing wrong with it?

The good news is if the item was bought online or on the phone then you have 14 days to return it under the Consumer Contract Regulations (2013). In-store is different though and will depend on the shop’s policy.

When do I get the money?

Aside from your rights buying goods online, 14 is a useful number to remember. The retailer has 14 days to give you a refund from the point they receive the goods (or when you tell them if the goods are digital). That includes delivery costs for returning the item (but they only have to pay for the cheapest option available).

What if the goods are faulty?

The rules say that you have 30 days from the date the goods were purchased to return them.

You’re entitled to a full refund if the goods are returned within 30 days.

What if it’s over the 30 days?

If goods are faulty you have up to six months to return the items – and the burden of proof is on the retailer to prove the item wasn’t wonky or give you a refund. They are allowed to have one crack at a repair or replacing the item.

Even over the six months, all is not lost, though you’ll need to prove why you didn’t realise the item was damaged or that the problem isn’t just down to wear and tear.

Covid-19 pandemic 
and your rights

It’s come to my attention that some stores have changed their returns policies – probably because of a lack of staff to process and manage the returns. But because the wording on some websites is so opaque and confusing, it’s not instilling confidence.

If a business can sell you stuff then it should also be able to take it back, but leaving that aside, your right to return should not be affected by this. The timescales in this article still apply, but should have been extended so you know when you can return items and get refunds.

If you’re concerned about a return or refund, contact the firm and explain your circumstances and ask them to go through your options. If their website is unclear then get a written response by email or even text if you can.

If you feel you’ve not been adequately informed about the returns policy Resolver can help you make a complaint for free.