When consumers need to return purchased goods, they often do not understand why the respective sellers adopt different policies in this regard. While some retailers promptly offer exchanges, credit notes or even refunds, others give consumers a hard time even when the returned goods are clearly unused and have just been purchased. In these situations, people wonder what their consumer rights are and whether the sellers they are dealing with are actually adhering to the law.
What consumers need to know in these situations is that their right to claim a refund depends on three main factors: the shop or seller from where the item was purchased, the reason why the item is being returned, and last but not least, how the product in question was purchased.
Where the item was purchased
Once a sales transaction is concluded, it becomes legally binding and cannot be reversed; at least not unless the two parties agree to cancel the sale. So before concluding a purchase, consumers need to be aware that the law does not give them the right to cancel a sale and claim a refund just because they change their mind or realise that they made a wrong buying decision.
In such situations, the goodwill of the shop or company from where the item was bought is crucial, because the remedy consumers can obtain will depend on the seller’s voluntary return policies. Fortunately, most retailers are willing to exchange unwanted items or offer a credit note. Some sellers even offer money refunds when items are returned within a certain time-span.
To benefit from these policies, consumers are responsible to check what return policies apply before concluding a sale. Furthermore, if they are not entirely sure of the item and want the possibility of a cash refund, they need to negotiate this condition with the seller. If an agreement is reached, it is important that consumers are given proof so that the agreement becomes binding.
It is also important to know the terms and conditions of the seller’s return policies before concluding a sale. These usually contain information such as by when any unwanted items must be returned, what documentation is required upon returning the product, and in what condition the goods should be returned. Consumers who fail to observe these conditions might lose the possibility to return the unwanted goods and claim a remedy from the seller.
No company policy can diminish consumers’ legal rights- Odette Vella
Why the item was returned
The reason why consumers decide to return the purchased item also determines whether the claim for refund is justified or not. If the goods are faulty, or do not conform with the sales contract, sellers are legally obliged to offer consumers a suitable remedy. Consumer legislation allows sellers to first offer to freely repair or replace the faulty or non-conforming product. However, if these solutions cannot be offered, or cannot be provided without causing a significant inconvenience to the consumer, then the latter would be entitled to claim a part or full refund.
In such situations, consumers may encounter sellers who tell them that the company’s policy does not provide for cash refunds and can only offer replacements or a credit note. Consumers should know that such a practice is illegal because no company policy can diminish their legal rights. Whenever their legal rights are denied, consumers should promptly seek the assistance of the Office for Consumer Affairs.
How the item was purchased
Additional rights apply when consumers choose to buy goods online or through other forms of distance selling. Distance purchases are protected by the Consumer Rights Regulations, which give consumers a 14-day cancellation period. Also known as the cooling-off period, during these 14 days, consumers can change their mind, cancel the sale and claim a full refund of the money paid.
Consumers may, however, be requested to cover the costs of returning the unwanted products to the seller. Should this be the case, consumers must be clearly informed about these expenses before concluding the sale.
Some purchases do not qualify for the cooling-off period. These include, among others, goods made to the consumers’ specifications or clearly personalised; goods that are liable to deteriorate or expire rapidly; sealed goods that were unsealed by consumers and are not suitable for return due to health or hygiene reasons; the supply of digital content that is not supplied on a tangible medium if the performance has begun with the consumers’ express consent; and the provision of accommodation, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance.
When in doubt about their legal rights, consumers are advised to seek the assistance and guidance of the Office for Consumer Affairs by filling in the ‘Contact us’ form found on the MCCAA website below or by calling 8007 4400.
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