Your Refund Rights Q&A

Question - I tried what I understood was a free trial of a slimming product I gave my credit card details for postage after 14 days I cancelled however the company took £75.00 out of my bank account which they stated was the cost of the product even though I had cancelled on the 14th day as they say you had to do if you were not satisfied am I liable to pay this or can I claim a refund? Note the product was ordered on the 21st Oct and cancelled on the 4^th

Answer - When you buy goods online the contract is governed by the Distance Selling Regulations which state that you can cancel most contracts, starting from the day you agree the contract until 7 working days after the receipt of goods.  Also, pursuant to the same Regulations, the company has to inform you of your cancellation rights.

Presuming that you ordered on 21st October and informed them that you wished to cancel by the 4th and the contract stated that you had 14 days in which to cancel then you should be able to obtain a full refund but if the company is not willing to refund then you may have to consider other legal options open to you.  You should write to the company setting out your rights, asking for a full refund or, if they are not willing to refund, a full explanation as to why the refund is being refused.

Question - We went to buy some laminate flooring from floors2go they didn't have it in stock 18th Oct 2010 they assured us if we ordered it now it would be ready for collection on the 24th Oct 2010 we went ahead and ordered paid in full £201.20.

The 24th came and went no phone call I called them they said the del was late would be here the following day no floor this has been on going now till present day I asked for a refund they said we couldn't have one at first then said we had to go in store fill out a refund request form this has to be sent to head office then in 14 days time we would be sent a cheque for the amount paid. Is this right and legal when they have obviously taken for goods they didn't have and looks like aren't going to.

Answer - Where goods are not delivered within a reasonable period of time you may be able to cancel the contract and ask for a full refund - it will be dependant on whether "time was of the essence" and a specific date set and the terms of the contract.

In this case, as you allowed the first and second time to lapse, it is suggested that you write to them stating that if the goods are not ready for collection within 7 days (actually set out the date) that you will require a full refund forthwith, stating that time is of the essence.

You are entitled to be paid the refund in the mode that you paid - i.e. if you paid by cash, you should expect a cash refund.

Question - I have recently purchased a pair of Uggs online from www.usuggoutlets.com When they arrived I realized that they were a fake. I then went on the same link again and it actually came out with the genuine Ugg website and not the one that I had used to purchase my Uggs. I knew that because the Uggs were around £200 whereas I only payed £56. What should I do?

Answer - When you buy goods they have to meet any description given to them so if they say they are the genuine article, and they are not, you have the right to reject them and obtain a full refund.

You will need to try and trace the retailer in order to obtain the refund and if you need assistance doing that, because the company were selling fake goods, you may consider contacting Trading Standards who have the power to prosecute the company.  Where there is a fraud, you may be able to seek assistance from your credit or debit card (depending on how you paid) but, if they are of the view that you should have known they were not the real deal because of the price, they may decline such assistance.

Question - I have been poisoned by toxic fumes from a new memory-foam pillow, one of two bought by mail order. I used it for only two nights - symptoms included nausea, diarrhoea,general weakness, lack of appetite. After ten days strong permanent smell in nostrils, urine and stools still persists and I am worried about possible long-term health effects. I have had to wash bed linen several times but the smell continues to transfer from my pores and hair. The goosedown duvet seems to be permanently contaminated. I have returned the pillows but conditions of sale are that, for hygiene reasons, there are no refunds for pillows. Your advice would be appreciated.

Answer - I was very sorry to hear of the problems that you are experiencing and although I will advise in regards to your consumer rights, I am not able to advise in regards to any claim you may have against the company for personal injury and you may wish to seek independent advise from a specialist in this regard.

Question - My question isn't just related to Christmas, but more around my rights for a refund generally.  If I keep the receipt, and I return the goods to the store within the specified timeframe, am I entitled to a refund?  Or can the store choose to exchange only?

Answer - Most people are very surprised to learn that you have no legal right to return unwanted goods, even in a short period of time. However, many stores have a returns policy but, as that policy is given at their discretion, the policy can be at open or closed as the store chooses.

Therefore, if the returns policy says that you can return goods with a receipt within a set period of time they will give a credit note or exchange, then that is all they are obliged to do.  The case is different where the goods are faulty.

Question - Do I have to have a receipt to take something back if it is returned within 2 weeks unused with the stores tickets still attached. I would be quite happy with a credit note or exchange

Answer - Most people are very surprised to learn that you have no legal right to return unwanted goods, even in a short period of time. However, many stores have a returns policy but, as that policy is given at their discretion, the policy can be at open or closed as the store chooses.

Therefore, if the returns policy says that you can return goods with a receipt within a set period of time they will give a credit note or exchange, then that is all they are obliged to do.  The case is different where the goods are faulty.

Question - I recently bought a coat from an online fashion retailer but after wearing it for two weeks, the buttons are falling off. The returns policy states that 'In all cases, the items returned must be in their original condition, which includes any packaging. For example, shoes are to be returned along with the original shoe box. All goods will be inspected on return.

But the coat seems to be faulty and i have only discovered this on wearing it. Can i just send it back with the returns form and hope for a refund?

Answer - When you buy goods they have to be of satisfactory quality - if they are not, you have the right to reject goods, provided you do so within a reasonable period of time.  In this case, you do not need to rely on the returns policy as the coat is faulty and therefore you can rely on your statutory rights and reject the goods and ask for a full refund. As you are rejecting the goods, and not simply returning them, you would expect the retailer to also pay for the return costs.

Question - I bought something on-line and paid by credit card. I then returned the item via the local store 4 weeks ago. The refund hasn't shown on my credit card account and now I can't find my receipt. Is there anything I can do to get my refund or do I have to write the payment off? I've not yet approached the company as I don't know what my rights are.

Answer - When you cancel a contract made on-line, the company should process a refund within 30 days pursuant to distance selling regulations.  You should simply write to the company setting out the facts and asking for the refund to be made immediately.

If the goods cost more than £100 then you may also have a claim against your credit card provider under Section 75 of the Consumer Credit Act and you should write to them also.

Question - My 90-year old mother's TV which is 14 months old no longer has digital services.  Hitachi has refused any help and told me to return to Comet who will repair it for £99.  My mother does not want to pay this for a £300 TV that is so new.  The 12 month guarantee has expired.  Is there anything I can do as this does not seem fair.  Thank you

Answer - When goods are faulty, a consumer can generally obtain a legal remedy against the retailer, in this case Comet. Consumers are generally not able to claim directly against the manufacturer for faulty goods, unless they come with a manufacturers warranty/guarantee. As your mothers 12 month guarantee with Hitachi has expired, then they are no longer at liberty to do anything in relation to repairing your mothers TV.

The Sale of Goods Act 1979 (as amended) says that the TV your mother purchased must be of satisfactory quality and fit for its purpose.  If they are not you can ask for a repair or replacement (the retailer can chose which one to offer).  However, as your mother has had the TV for more than six months when it went wrong she will have to prove it was sold with a defect/has not proved durable.  For this she may have to obtain an independent report.

If Comet agrees to carry out a repair or provide a replacement, they must do this within a reasonable period of time, and without causing your mother any significant inconvenience.

Based on all of the above your mother should be putting the case to Comet that she would like them to carry out a "free" repair as there is no evidence to suggest that she has caused the problem, and it is more likely that their has been a lack of durability that suggests that the TV's digital services were not of satisfactory quality to start with, and that a reasonable person spending £300 would expect the digital services to have lasted longer that 14 months.

Your mother may also have additional rights against a credit card company or finance house if the TV was purchased by means of credit and had a price of over £100.

Question - I bought a couple of items of clothing from Mamas and Papas, one of which they sent the wrong size and the other I didn't like. I've sent them both back on the 6th November and I'm still waiting for a refund. They don't answer any of my emails or respond to my request on the phone. What can I do?

Answer - When you return goods that have been purchased on-line, unless the terms and conditions state otherwise, the retailer has up to 30 days in which to issue a refund.

Question - I bought a book from HMV and was unable to get my money back, even with a receipt, when I returned it. They said nothing about returns when I bought the book, but, pointed to the back of the receipt, where it suggested they exchange...they don't exchange it for my money but a voucher I didn't want! Am I able to get the money back?

Answer - There is no legal obligation on shops to take back goods that are not wanted.  Many shops have a returns policy, but because they are discretionary, they can be as generous as the store wishes, or not as the case may be.

If there is no sighed returns policy, there is probably no right of return. where a retunes policy says that a voucher or credit note will be given then that is all the store has to offer.

Question - My daughter dropped her iphone & now the insurer fonesafe won't pay up. They say she isn't an authorised user but I made it plain the insurance was for her. The insurance document lists the policy owner me but diesn't have a section for authorised users. Do I have a case ?

Answer - If you made it clear to Fonesafe, at the time the policy was taken out, that the insurance was for your daughter, rather than you, it is likely that you can argue that it failed to set the policy up correctly and that it would be fair and reasonable for Fonesafe to treat your daughter as the main policyholder, or an authorised user (whatever that may be).

If the policy was set up over the telephone, you could ask for a copy of the call recording to prove your case and, if Fonesafe will still not settle the claim, you can refer a complaint to the Financial Ombudsman Service free of charge.

Question - I just bought a bed from Warren Evans over the internet. When it arrived the stain on the wood was much darker than it looked on the internet. Do have a case for them to change it? They do offer to send you samples so you can see the colour of the different stains but we did not do this because the website said the sale ended that night. However, three weeks later the sale is on-going. Can they do this?

Answer - As you bought the bed from the internet, you have up to 7 working days starting from the day after receipt of the bed, in which to cancel the bed.  You do not have to return it within that time but must inform Warren Evans that you wish to cancel and make arrangements for them to collect the bed.

When you return it the retailer should refund you all of the cost and an postage/packaging however, they may be able to charge you for the cost of return if that is clear from their terms and conditions.

Question - Hi - my Dad gives me the same Chanel lipstick every year - I'm still using the one from about 4 years ago. I don't want to hurt his feelings by asking for the receipt and I'm not sure exactly where he gets it from, but will most department stores offer me an exchange?

Answer - The answer is no - when you return goods, you will need to return them to the store where they were purchased and most will require proof of purchase.  Also, you do not have an automatic right to return unwanted goods so can only return them to the store where purchased if there is a returns policy in place.

Question - I purchased a tv in 2007 from richer sounds which has now become faulty. I also purchased a 5 yr guarantee. After two visits from their engineer richer sounds have finally agreed to exchange for a new tv. They have a like for like policy but if I am not happy with their choice of replacement.

Can I argue that I would like a like-for-like on the original price paid and not the specification of the tv? I also have a further 2 and a half years remaining on the original guarantee. Are they obliged to honour that on the new replacement tv? Many thanks

Answer - In this case you can assert 2 sets of rights - those laid down in the Sale of Goods Act 1970 against Richer Sounds which says they would have to replace with a like for like replacement - which would fall down to specification, not original cost.  If they cannot do that then you would be able to obtain a monetary remedy, which would be a partial refund to cover, for example, the cost of you buying a second hand television of the same make and specification.  You would not be entitled to a brand new television of the same cost of the original.

The second set of rights falls under the guarantee however, a guarantee will only provide what it states so if they say they chose the replacement on a like for like basis then they will have honoured the guarantee.  Any replacement should also come with a further 2.5 years warranty, to cover the remainder of the existing warranty.

Question - I purchased a Victorian campaign medal from an internet dealer for £700 which I subsequently found to be faulty in that the original name had been erased and substituted for another, rendering the medal between valueless and 50% of the actual purchase price. I have emailed, written several letters, and left phone messages requesting either a refund or partial refund but have had no response from the vendor whatsoever. What can I do?

Answer - The medal that you purchased must match the description given and failure to do so is both a misrepresentation and a breach of contract.  As a result you are entitled to reject the goods, if you do so as soon as you have discovered the misrepresentation, and request a refund, or request that they provide the goods that match the description given.  If you paid by credit card then you could make a claim to your credit card company under s.75 of the Consumer Credit Act 1974.

As the company have not responded to your letters then the next step would be to send them a letter before action, this is the letter that you send before issuing a legal claim.  It must comply with annexe A of the Pre-action Conduct Protocol which can be found on the Ministry of Justice website.

Question - I recently tried to purchase an item from techz2.com which failed to arrive. I'm only able to contact them by email, and they have made an offer of a full refund which has failed to materialise. I've asked them for contact details, but haven't received a reply. How do I proceed from here?

Answer - Ordinarily, under distance selling legislation, all goods should be received within 30 days of delivery unless stated otherwise in the contract.  However, these regulations apply to the UK whereas techz2.com are based in Ireland.

Also, there is no address on the website to be found - the next course of action would be the issue of proceedings but you need a service address.  If you paid by credit or debit card, then depending on how much you paid and which type of card you used, you may be able to seek redress through the card provider.

Question - I have a handwritten credit from a local independent shop note for £62 from April 2009, which is signed by the cashier and say's 'Valid for 6 months'. I had a baby round then which is the only reason I can think of for forgetting I had this, but I wonder what my rights are now the 6 months have (long) expired? Or, if I don't have any legal rights, whether you have any advice, since the bottom line is, this shop has £60 of mine without having given me anything for it. Thank you!

Answer - Whether or not you had returned something under a returns policy in which limited credit notes are given, or it was given as a gesture of goodwill by the shop, then you would not be able to enforce it.  Even if you had been given it in return for faulty goods you will be deemed to have accepted the offer in settlement of your claim.  Either way, it would be unlikely that you could cash it unless the shop agrees to extend it.

Question - Not so much a question as an important enquiry!...When returning goods i am nearly always asked for signature, printed name, full address and, sometimes, telephone number. The reason given is that the person doing the refund could be accused of stealing the money otherwise.

This is clearly nonsense because...1.Usually a manager has to come and oversee the refund (so there is a witness).  2. An employee determined to steal could just as easily make up the required details and forge a signature. I wonder if it isn't just another way of companies collating details about customers. I am told it is not kept on a database!? With all the 'identity theft' going on these days I think it is a silly idea. I wonder if it is even legal? I always refuse now and the sales assistant usually says ' I don't give mine either'.

This makes me wonder if they know something different to what they are told to tell us. I suggest that it is an important area that Which? could enquire about - maybe lobby for it to be made illegal?   Thank

Answer - If you have bought goods that you are returning under a returns policy, if the policy was clear that this information was required then the retailer can ask for it.

However, if you are returning goods pursuant to your statutory rights (because they are faulty), you are not obliged in any way to given information - provided you return the goods with the receipt or proof of purchase.

Question - 2 days ago bough sofa bed but I want refound,who supous to pay the transport and how much will cost?

Answer - If you purchased it from a shop, you will have to pay the return costs, if the shop agrees to change it (you have no right to return unwanted goods unless there is a returns policy in place).

Question - Sorry this isn't about Christmas gifts but it is a related topic. On 29 June on a BA flight to Vancouver Canada I bought a Breo Skin Watch in white for 10 pounds.

Two days ago the strap broke and the watch is therefore useless as the strap is an integral part of the watch. As I have had the watch for such a short time and the battery is still going strong I feel that I would like to have either a replacement or a refund.

I would prefer a replacement as I am allergic to so metals and like plastic watches. This Breo seemed ideal as there are no metal parts to touch the skin. I am a woman of 66 years and the watch has bee worn rather than played with so I think it should have lasted at least a year.

BA tell me that that the manufacturers only guarantee the strap for a month. What use is that? I would normally expect a cheap plastic watch to last me a year. I never attempt to replace a battery in them because many years of experience has taught me it is a waste of money. I would be grateful for your comments.

Answer - Although not a Christmas question, we are willing to offer some guidance at this stage.

On the face of it, you would simply argue that you have paid for goods that are not of satisfactory quality pursuant to the Sale of Goods Act 1979 and therefore you can ask for a repair or replacement (BA can chose which remedy to offer).  As you have had the watch less than 6 months, it is assumed that it was defective at the time of sale unless BA prove otherwise.

The complicating factor will be where the contract took place i.e. was it in British airspace or international airspace, although there are conventions in place that would allow you to issue proceedings in the UK in any event.

Question - I recently purchased a pair of trainers from JD Sports. At home I found these to be a size to big but I had thrown away the box. I tried to exchange these at the store but I was told they were unable to exchange without the box. A supervisor then advised to call customer services and they will be able to help me. I called customer services and was told the same. Can I exchange my trainers?

Answer - Whether or not you have a right to return the trainers will depend on why you are returning them.  If they are simply too big then you can only return them under any returns policy that JD have (which can state they must be in the box).

If however, your receipt says a size 10 and the trainers are 11 then JD are in breach of contract as the trainers sold do not meet their description.  However if the receipt does not state the size then you have a hurdle to prove that they do not meet the description as you no longer have the box (which presumably had the correct size on it).

If the receipt and box said size 11 and you simply made a mistake then you would have to rely on the returns policy.