When retailers ignore laws that guarantee rights - Martyn James

The four rules to remember

When you buy goods or services online you have 14 days to change your mind. There are exceptions, like things made to order, gig tickets or holidays.

If the goods or services you purchase online or in-store are damaged, misrepresented, not as advertised or not fit for purpose you are entitled to a full refund within the first 30 days, including return postage costs.

If something goes wrong within six months from the date of purchase, the retailer is allowed one crack at a repair or replacement. But if that doesn’t work you can get a refund.

Even beyond those timescales, things you buy must last ‘a reasonable amount of time’. So you can still ask for a full or partial refund or repair, though you usually have to prove that you didn’t break the item though.

Despite these very clear rules, some businesses still try to ignore the law. Here are the most common excuses.

Do I have to pay the postage to return faulty items?

You do not. If the goods you have purchased are broken, misrepresented or just aren’t what you ordered, the business should be covering the cost of the return within the first 30 days.

Retailers often try to get their customers to pay for returns for large items like sofas or kitchen sets. But to be clear: you should not be paying to return an item thats faulty.

Do I have to complain to the manufacturer first?

This is the most common ‘fob-off’ that I encounter – and there’s a good reason why firms try it on. If the goods or services you buy are not as advertised, misrepresented, don’t work or don’t last an appropriate amount of time, then it is the retailer, not the manufacturer, who is responsible for sorting out the problem.

This matters because as long as you report the problem within the 14 day / 30 day / six month timescale your rights are assured. However, if you go to the manufacturer first, you could miss the deadlines for repairs or refunds through the retailer.

Do I have to pay for an engineer visit?

I’ve noticed that some retailers and manufacturers are insisting on sending out engineers to inspect items that have been reported as being faulty. While this is a practical solution to deal with heavy items, if you are in the 30 day/six-month time frames, you should not be charged for these appointments.

If I buy something from an online marketplace do I have to go to the business that sold the goods?

From holidays to vintage clothes, we buy loads of things from brands that sell goods and services through ‘online marketplaces’ – businesses that link buyers and sellers through online shops. Some of these marketplaces are quick to deny responsibility if there’s a dispute.

Online marketplaces should all have ‘buyer/seller dispute resolution services’ that set out what both parties can expect if a problem arises. You should not be told to sort things out with the seller if something has gone wrong.

What can I do if the business still won’t cough up?

Sadly, there’s no ombudsman or dispute resolution scheme for retailers, a huge oversight that I’m campaigning to change. But for now, the way you pay for goods can give you some protection.

Paying on a debit or credit card means you can potentially ‘charge back’ your money if something you’ve paid for isn’t provided. If you spend over £100 then you could also ask the card provider for a refund too.

Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist. Read more from Martyn at this link.