Returning goods and shopping online
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Worryingly, we still hear stories regarding unscrupulous traders taking advantage of older or vulnerable people when selling products or services.
Here we provide you with an introduction to your key consumer rights, which were added to by the introduction of the Consumer Rights Act on 1 October 2015.
Over the past few years, legislation has improved protection for consumers when buying goods and services and it has safeguards that are particularly useful for vulnerable adults as well as people acquiring equipment or service for a disability or health condition.
In this article, we explain about:
1. Consumer rights legislation
2. Defining 'goods' and 'services'
3. Different rights apply depending on where you buy your goods and services
4. What consumer rights do I have if I change my mind?
Consumer rights legislation
Here we summarise the overall protection provided by different pieces of legislation and give examples so that you and your relative are better informed when buying goods and services.
The retailer or service provider must clearly display on their website and paperwork:
their full postal address; a PO Box address is not acceptable
their trader identity; for example, if they are a limited company or registered charity.
if they are signed up to a code of conduct, for example, the British Healthcare Trades Association (BHTA) members have a code of conduct that they should adhere to.
Furthermore, they must:
give the total price of the service or product you are buying and be transparent about all related costs, including taxes and delivery charges
deliver products you order within 30 days unless agreed otherwise
provide goods as they were described, that are fit for purpose and of satisfactory quality
provide a service with reasonable care and skill
if they are selling at a distance (e.g. online, by phone or mail order) or away from their business premises (e.g. in your home) and have a complaints handling policy, ensure that you (the customer) know it exists
not add any items to your online shopping basket that require you to buy them, such as if you were buying a mobility product and the provider adds an extended warranty that you would have to pay for. If this were to happen, you would be entitled to a refund of the extra you paid for the item added to your basket
charge no more than the basic rate for a helpline that gives support to a consumer who has a query about a contract they have with that provider
cancel any ancillary contracts if you change your mind and cancel a purchase that you bought online or away from the trader’s premises, for example, at home. So, if you had intended to purchase a mobility scooter and then changed your mind and cancelled within the agreed period, your supplier is responsible for cancelling the scooter insurance (if purchased as part of the package).
Defining ‘goods’ and ‘services’
Need a helping hand? Which? Legal's specialist advisers can answer all your consumer rights questions about online returns and refunds, and provide legal advice on how to solve problems with goods bought online. Find out more >
Goods
Under the Consumer Rights Act you have rights if you receive goods that are:
of unsatisfactory quality
unfit for purpose or
not as described.
You have a right to a repair or replacement (the seller in some circumstances can choose the cheaper option) and, in the first 30 days from when you get goods, a right to reject them and get a refund.
You can use the Which? Consumer Rights ‘Faulty Goods Tool’ to help you request a refund, repair or a replacement. Just answer a few simple questions and you’ll receive an email with a ready-to-go letter you can send to the retailer.
You may in some circumstances get a further right to reject goods (such as where you asked the seller to repair or replace faulty goods and they failed to do so) and get a full or partial refund (depending on the circumstances).
Services
Services should be provided with reasonable care and skill. If they aren’t, the trader should either re-perform the service at no cost (and within a reasonable time and without causing you significant inconvenience) to put the issues right.
Where the repeat performance is impossible or can’t be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. Depending on how severe the failings are, this could be up to 100% of the amount you paid for the service.
Your rights under the Consumer Rights Act 2015 don’t prevent you from recovering other losses you may have as a result of the traders failings.