Do you know your consumer rights when it comes to shopping this Christmas? Here’s my simple guide to deliveries, returns, gift cards and online shopping.
Deliveries and your consumer rights
The first rule of thumb is that when you agree to buy goods, you enter into a contract with the retailer not the courier company. You should complain to the retailer as soon as you become aware of any delay, damage or loss. This applies even if you feel that it is poor customer service on the part of the courier, which has caused the issue. It is up to the retailer to investigate, find a solution and if appropriate provide a refund or appropriate redress.
The Consumer Rights Act 2015 states that you should allow a ‘reasonable time’ for your order to be delivered. If goods do not appear more than 30 days from the date of purchase, you have the right to request a refund.
If your delivery was time specific i.e. a delivery date was specified when you agreed the contract with the understanding that your order would be delivered on that date, then it should arrive when promised. However if your parcel does not arrive at the specified time then you can claim for a refund including postage costs accordingly.
If you didn’t agree a delivery date and the parcel is late then you should try to liaise regarding a delivery date so the retailer has the opportunity to fulfil the order. However, if the new deadline is not met then this is a breach of contract and you can request a refund.
It’s worth remembering that if you specify a safe place for delivery and something goes wrong, your order could still be deemed as received. If you didn’t provide specific delivery instructions then it’s the retailer who is responsible for your purchase until received.
Gift Cards
Gift card industry trends are changing with a rise in the popularity of e-cards and an increased focus on sustainability. This means gift cards remain a popular choice for customers. Here are some top tips if you want to get the most out of them.
If you purchased the gift card then you are bound by its terms at the time of purchase so check these carefully. If the gift card was purchased for you then you will need to speak to the person who bought it for you should any issues arise. Expiry dates are permitted as long as they were clear when purchased.
Gift cards and vouchers are essentially alternatives to cash. If you lose them or they expire then it will be difficult if not impossible to get your money back.
If the retailer goes out of business then you will be treated as a creditor by the administrators and find yourself at the bottom of a very big list. To get a refund you will need to make a claim in writing with proof of voucher purchase.
An alternate route for getting your money back would be to make a claim under Section 75 of the Consumer Credit Act 1974. You can do this if the value of a single purchase was over £100.
Returns, refunds and exchanges
A common misconception is that you have an automatic right to return shop bought goods and get your money back. However it is only if your purchase is faulty that this is the case and you have 30 days from the point of purchase to do so. Under the Consumer Rights Act 2015 goods should be as described, fit for purpose and of satisfactory quality. You do not necessarily need a receipt for a refund or exchanges on faulty goods, proof of purchase will suffice. After six months the burden of proof is on the customer to prove the item was faulty at point of purchase.
For non-faulty purchases you are subject to the terms and conditions of the store’s returns policy. The standard window for returns is 28 days but many retailers extend this at Christmas so it’s worth double-checking before purchasing. Refund and exchange policies should be clearly displayed on receipts or notices in the store.
Online Shopping and returns
Your refund rights for online purchases are covered under The Consumer Contracts Regulations 2013. This regulation means you can cancel any purchases made online from the moment you place your order until 14 days from when you receive the goods. You then have 14 days from the point of notifying the retailer that you’d like to cancel the order to return your purchase. Some notable exceptions apply such as DVDs, music and computer software, perishable goods and made to order purchases. Postage costs may not be covered so check T’s and C’s before purchase.
I hope all this information about your retail consumer rights is useful. Don’t forget that any purchase should be of satisfactory quality, as described, fit for purpose and last a reasonable length of time. Any service should be delivered with due care and skill. If not then you have grounds for a complaint under the Consumer Rights Act 2015.
Have I missed anything? Please feel free to pop any questions in to the comments.
Merry Christmas and Happy Savvy Shopping!
Who can I contact to complain about a Evri courier,I had a ring stolen in March and because I complained the Evri courier won’t deliver to me,he has lied constantly saying I was rude and refused deliveries,in the past 2 weeks he has resent 22 packages back to the sellers,
Hi Karen, sorry to hear this. Your contract is with the retailers not Evri. If parcels are being sent back, they need to sort re-delivery.