Returns and refunds
Getting your money back
Under the distance selling regulations, you are quite within your rights to change your mind at any time within the first seven days, return the goods and get a full refund. This means without financial penalty of any kind – such as a cancellation charge or a ‘restocking’ fee. The supplier must also refund any delivery charges paid by you, and any other costs related to the contract. Refunds must be made within 30 days from cancellation, whether or not the goods have been sent back. Any related credit agreements will also cease to exist.
You may be required to pay to return the goods, but you must have been informed of this as part of the pre-contractual information. if the goods are faulty, then under Sale of Goods, the supplier will always bear the cost of returning them.
Returning the goods
Unless you are required to return the goods, and you were informed of this, your only obligations are to make the goods available for collection and to take reasonable care of them while they are in your possession. This is called a duty of care. Where the supplier has made provision to collect the goods, this duty of care expires after 21 days, but where you have agreed to return the goods, your duty of care continues until you do this and could be for as long as 6 months.
Packaging
Under a distance selling contract, a supplier cannot make refunds subject to the goods being returned unopened in their original packaging. One of the principles of the distance selling regulations is to give you a chance to examine the goods at home, not having had a chance to do so in the shop. It would be impossible for you to do this without opening the packaging and trying the product out. Having said this, you will still be under a duty to take reasonable care of the goods while in your possession, and may be subject to certain instructions such as not to wear shoes outdoors, or remove hygiene seals. But you can never be penalised simply because you did not return the goods in their original packaging.
- Know all the facts before you decide!
- Your right to cancel
- Protection against card fraud for mail order goods and services
- I’ve been sent stuff I never ordered!
- Problems with delivery and collection
Mail order and distance selling
Related posts:
dear sir,i received mobile phones and had a 7 working day cancellation period.I informed them by e.mail on the 7th day of my cancellation.They insist that as they received the phones back on the 8th day i had gone outside the cooling off period. was this right of them to do this? waiting for your response.L. van der veen
L. van der Veen, Your 7 day cooling off period runs from the day AFTER the day on which you received the goods. As long as the supplier is in receipt of your intention to cancel within this 8 day period, you can cancel. It does not refer to the time by which they must receive back the goods. It was therefore wrong of them.
i purchased some items from ann summers and unfortunatly 2 of the items did not fit so following the instructions on the invoice i went onto the website to get the address to return them. under the address it says
Please note:Videos, DVDs, Books, Magazines and clearance and/or sale items cannot be returned unless they are faulty, so please be sure of your selection before ordering.
i am wondering if this is allowed as regardless of them being sale items i still needed to try them on to see if they fitted. i have never heard of this at other sites as regularly buy from sales.
Corinne, you have a cooling off period of 7 days for most items bought from websites – certainly for all the items you have mentioned whether or not they are sale items. Therefore you are within your rights to send back the items you have bought within your 7 day cooling off period for a full refund.
I bought a camera for £182 from simply electronics, they told me it was a 10 day delivery, after 10 days I contacted the company by email asking where my camera was as they had deducted the price from my account, they told me that the camera had been damaged and they could not supply the same camera in the future, I told them I did not want a different camera and asked for a refund of the cash they had deducted on the 26 january 2010, and after numerous reminders I am still waiting for a refund,
cany you please advise
W.Winnard
They are supposed to provide refunds within 28 days. I would speak to your bank and either do a Visa Debit Chargeback or a Section 75 claim under the Consumer Credit Act, which makes the credit card company equally liable for the non-delivery.
Tony
thanks, I will try the bank recharge as I paid on my debit card
I bought a camera yesterday to replace one I thought was broken. However, the original camera mow works perfectly (new batteries ) should I be able to ask the shop for a refund on the basis that the camera I bought is still in it’s shrink wrapped origianl packaging and obviously unsed in any way? And are they obliged in any way to provide a refund?
Barrie, you have no right to return goods simply because you have changed your mind. However, many shops have returns policies that allow you to do this, but you need to check what the terms are. Argos, for example, would probably accept this back.
Thanks for the reply Tony – They did
I bought a shirt. I removed the tag, but did not wear the shirt, and retained all packaging. The website’s refund says “If you are not completely happy with your purchase we can either exchange, offer store credit or refund the ordered goods, provided they are returned to us with proof of purchase within 7 days in their original condition* i.e.
*The tags have not been removed
*The garment has not been worn, washed or damaged
*The packaging is returned ”
Is the condition that the tags must have not been removed consistent with Distance Selling Regulations?
Thanks
Richard, it goes against the spirit of the regulations see section 3.58
Hi Tony,
Thanks for your response. I am a bit confused – is the “original tags” against the spirit, or is trying to return something where the tags have been removed against the spirit (I could see it going either way!)
Thanks
Richard
I sent an online purchase back due to size issues. I used all the original packaging and used royal mail recorded delivery (which they suggested) I have received and email saying the item is damaged so they won’t accept a return. They are sending me the damaged garment back and have have no intention of replacing it.
The damage must have occured during transit back to the shop or by them. They are accusing me of damaing the garment.
What can I do, I paid for the dress with a visa debit.
I just got an iphone from a phone comapny over the phone four days ago and i realised i am not happy and satified with it’s features.i want to return it back. but the company says that since i have inserted my sim card and used the phone that i cannot return it.Please advice on what i can do next. Thanks.
I recently purchased a very expensive mahogany leather sofa still under warranty, but it has started changing colour in a few places where head and hands rest, becoming a pillar box red they sent someone out to examine the sofa but they refuse to take reposibility and class this as wear and tear? Is this legal as it is barely six months old and appears to me to be a laquer has been used and not very well thats why it is coming off.
Please help adise me
I ordered an Aquadart square showerhead from an on-line supplier. The shower head I received was round. I requested a square one to be despatched, and it was. I had agreed with the supplier that they would collect the round showerhead from me. It was collected,on 10 December 2009, but returned to me again the following day. I emailed the supplier and explained and agreed it would be uplifted. I even had an email thanking me for my honesty, but it has still never been uplifted. Can you advise me of my legal position as to whether this showerhead is now my property or not. Many thanks, Jane
hello ive purchased some video games around december/january from thehut and zavvi which i no longer require they are still packaged and unused and they are saying they will not accept them back,the terms and conditions state this-Returns
In order to ensure our customers receive the best level of service and are happy to indulge their sweet tooth we offer a comprehensive returns policy in the unlikely event that you are not 100% satisfied with sweets delivered. Please note that the following returns procedure must be followed, and failure to do so may result in us being unable to exchange goods or provide refunds. Also please be aware that we cannot be held responsible and provide refunds/exchanges on stock affected by circumstances beyond our control. This includes damage and neglect after goods are received, goods being stored in climatic conditions such as extremes of temperature that can affect some items – items often stick together or alter appearance slightly, but will taste the same and damage by third parties. In addition please be aware that during the hot summer months goods in transport can be effected by the heat so be aware that delicate items such as chocolate may not always look as intended, but they will of course still taste as good as ever.
Should you wish to return an item for any reason please notify us within 48 hours of receipt of your order of any part that is unsatisfactory. In order to arrange a return, please contact us and inform our customer service team of your order number, the item you are returning and the reason for the return.
We will then reply with a unique returns authorisation number and the address you need to send the item to.
You’ll need to package the item securely and include:
•Your order number
•The returns authorisation number
•Whether a replacement or refund is needed
•The reason why you are returning the item.
Goods returned should be in their original condition and packaging in which they arrived, along with a copy of the invoice or packing slip.
Once received items will be checked and refunds on goods and postage arranged where suitable. We cannot issue refunds on simply unwanted goods due the perishable nature of goods on sale. Refunds/exchanges will only be offered on items that are faulty, and were clearly so at the time at which they were dispatched.
since i asked them to return these they have now added a new help section what says you have 14 days to return,this was not stated on there website when i purchased them,i phoned them up and they said i should of phoned them up to find out there return policy, what can i do?
I bought a top from an online catalogue company, and when i received it was happy and wore it. Two days later I had the top on again and was looking through the catalogue again, only to notice that the top I was wearing was not the same as the one illustrated in the catalogue. The cuffs on mine were a different colour and also the neckline. I sent them an email about this, and they never replied, so I phoned them, and they said I am not entitled to a refund or exchange, because I have worn it. Is this correct. The manager is phoning me later, so I want to be armed with answers hopefully!
I ordered a dress 3 weeks ago (10th March) from Ireland which was not in stock till the 18th. They took the money immediately which I’ve read isn’t right if they haven’t got it in stock, although I’m not sure? They provided me with no information afterwards except that they had received my payment. I had to email to ask when it would be delivered, how much it would cost, as this was not specified. I waited 2 and a half weeks till I emailed again, they didn’t reply so I phoned today and they told me the post had not sent it because there was no postcode and that was my fault.They did not bother to contact me about this. They wouldn’t cancel the order or refund it because it was apparently a sale item, which they hadn’t specified at point of sale. They also told me 3 different prices I had paid, telling me that I had paid postage, when they had emailed me saying postage was free etc. They insisted that I could have credit or just have the dress.
I am just interested to know what my rights are in this situation and if I should have received a refund?
I have purchased part of the Muzzy programme for my son. The packaging was damaged, and some of the contents was. I was happy to try to obtain replacement packaging at first – but over a month later, I still haven’t received anything. They have taken the first two installment payment too – do these regulations cover my purchase?
I paid for goods in Feb and did not receive them, the website is trying to charge me 50% of the initial fee to replace the goods that never arrived, is this legal?
Hi I recently purchased a Vax v-081 steam cleaner. After using it for 20 mins I found it wasn’t cleaning like it states. It is supposed to be able to clean carpets, ovens ets but in my opinion it does not.
After contacting the catalogue where I purchased it from they stated that they would not accept it back as i had opened and used it. I explained that unless I had done that how would I have known it was no good. They said I had to contact Vax directly and once they provided me with a return reference number then I could return it.
Vax are saying that they no longer give ref numbers out and they are unwiling to take it back because it is steaming!!! I have explained it is not cleaning to my satisfaction and that I would like to return the product. Where can I go from here, am I entitled to return the product as I am genuinly disppointed with this product and does not do the job that I purchased it for and I can’t believe I have to pay £99 for something that I don’t believe does the job that the descrition for the item says it does
I spoke to two reps and one stated that the catalogue had to accept the return as it was my consumer right but later on the same night with another rep they said no they dont – I’m confused
(I know it’s only my opinion but seeing as I am the customer using the product surely that has to count)
Hi. I purchased a fancy dress costume in November 2009, but after it’s second wear, part of it has broken. I appreciate I am out of the initial faulty timeline, but surely it is obvious that this is not an everyday item that, for £60, I would expect to last more than 2 wears (or longer than 6months!) Please let me know where I stand. Many thanks.
I purchased an item online, which I am returning within seven days. They are refusing to reimburse me for postage. Are they wrong, or are they within their rights?
Hello
I recently ordered 4 leather jackets from an on-line shop. I paid with my Mastercard. Unfortunately all of the jackets were unsuitable/ too large so I returned them using their returns slip.
After 3 weeks of chasing them they agreed that they had received them and would process my refund. After a further 9 days there is no sign of the refund and they are not replying to my emails or answering their phone.
Please can you tell me what action I should now take?
Many thanks
Julius
I have had my HotPoint fridge for under two years. Two of the shelves fixings made of plastic collapsed in the last two days. I have checked in consumer websites and many people have reported this design defect but Hotpoint does not want to know. Can I contact them and demand that they replace the shelves for free?
Hello, I ordered an HDD DVD recorder on line. I have had it just under 2 months and it has developed a serious fault.
I have completed the return form on line and need to contact them on Monday to discuss it. Their T&Cs say that if the item has been received for more than 28 days and its under warranty I am entitled to a repair or replacement.
Am I able to just get a refund as the item is faulty?
I don’t trust that if it is repaired or replaced the same thing won’t happen again.
Thank you very much for your help.
I ordered an item online, the company debited my credit card the following day. The same day they debited my credit card they emailed to say the item was not in stock (they were waiting for a delivery from their supplier) and that I could expect delivery in 10 days time. I asked for a refund and heard nothing. I emailed them and heard nothing. The day before the 10 days was up they called and said the stock would be due in the following week. I again asked for a refund and have been told it could take up to 5 days before it reaches my credit card.
My query is, how can a ‘retailer’ take payment for an item they don’t have in stock and then take so long to action a refund. It seems like this is actually their business – taking money, keeping hold of it – and I would say refunding it but as I haven’t had the refund yet it’s difficult to say if I’ll ever get my money back.
Is there an official body these retailers can be reported to?