Martyn James: How retailers try to trick you out of your legal rights

I recently received a package from a large online retailer that contained rather pricey collagen powder. Now, some might say I might need this, but I hadn’t ordered it, I had, however, been charged for it. So I attempted to return the item on the retailer’s app, only to be told ‘this item doesn’t qualify for a return’. I tried the chatbot, which told me the same thing.

Given that this statement is a clear breach of our two main shopping laws, I requested a callback and got my refund. But I couldn’t help but wonder how many people in similar positions take the business at face value and give up.

So here’s my guide to the fibs retailers tell, so you can fight back.

Many refunds simply never materialise, so ask your card provider to ‘charge back’ the money, which they can do in a matter of days (Picture: stock.adobe.com)

I’ve been told to go to the manufacturer

The most common fob-off is when you’re told to go to the firm that made the item by the shop that sold it. Don’t believe a word of it.

If the goods or services you buy are not as advertised, misrepresented, don’t work or don’t last an appropriate amount of time, then it is the retailer, not the manufacturer, who is legally responsible for sorting out the problem.

My parcel has gone missing but the retailer says that I need to take it up with the courier

Let’s be clear: if a parcel goes missing, your contract is with the retailer not the delivery firm or the manufacturer. It is the retailer’s responsibility if the parcel is:

• Left somewhere you haven’t authorised.
• Left with an unauthorised neighbour.
• Left in a communal or unsecured area.
• Left outside a door (then goes missing).

If you’ve specified that a parcel can be left in a ‘safe space’ then it’s potentially down to you if it goes missing. So check before you click to order that a retailer hasn’t saved your previous delivery instructions.

The retailer promised a refund but it hasn’t happened

A shop has a maximum of 14 days from the return of the goods to refund you. However, many refunds simply never materialise, so ask your card provider to ‘charge back’ the money, which they can do in a matter of days.

If you paid using an e-payments service like PayPal, then there will be a dispute resolution scheme that works in a similar way. And with any financial institution you can go to the free Financial Ombudsman Service if you aren’t happy.

I’ve tried to return an item but I’m only being offered a voucher or credit note

If you’ve tried to cancel an order or return an item a common tactic is for the shop to offer you a discount credit or voucher to put you off. This is very common with businesses based abroad.

But UK laws apply, so you are entitled to a full refund for faulty or misrepresented goods within 30 days or if you’ve changed your mind for online purchases within 14 days.

I’ve been told I have to pay to return broken or damaged goods

You do not have to pay to return faulty or misrepresented goods. Despite this, many retailers attempt to charge you to return heavy or bulky items. I’ve spoken to readers who have been told they have to cover sofas or mattresses in bubble wrap and pay for collections when the goods are damaged or aren’t working. This is ridiculous – and false.

Do I have to pay for a specialist to repair goods?

Some retailers will attempt to send a specialist to repair or assess goods that you say are damaged. But the use of contractors is a decision for retailers to make – and it’s for them to pay the costs.

You may find that you are told you’ll have to pay if there’s nothing wrong with the item. So if you can film the problem on your phone, you can shut that argument down. This is also helpful if the faulty item suddenly starts working again when the engineer arrives!

Martyn James is a leading consumer rights campaigner, TV and radio presenter and journalist. Read more from him here.