Please settle an argument

ChristineSharp

Kirsty my friend insists that if she buys something then dislikes it so long as she returns it within 28 days she's entitled by law to a refund.

It's my view that such a refund is totally at the discretion of the retailer and that in law they don't ever have to refund or even exchange goods unless faulty or misdescribed.

I'd returned a faulty belt to Next after three months and got a refund card (I think I could have made a fuss and got cash as the goods had a manufacturing fault). Kirsty reckons I'd only be entitled to a refund for the faulty goods if I'd returned within 28 days.

I also say that "28 days" has no meaning in law whether it's goods you don't like, things that don't fit or for faulty goods.

Who is right?

unholyangel

Buying in store, you only have a statutory right to a refund if the item is faulty. However, if the store have a policy which allows you to change your mind, it would then become part of the contract (so legally enforceable).

But policy with vary and often it can be at their discretion.

As for returning faulty goods within 28 days.....no. In england, you have 6 years from purchase to hold the retailer responsible (5 years from discovery in scotland). However, this doesnt mean that all goods should last that long. What is a reasonable lifespan will depend on the type of goods and the price paid. You wouldnt expect a £20 microwave to last as long as a £200 one, would you?

ThumbRemote

ChristineSharp wrote: »

Who is right?

You are


.........

shaun_from_Africa

ThumbRemote wrote: »

You are


.........

Almost.

I'd returned a faulty belt to Next after three months and got a refund card (I think I could have made a fuss and got cash as the goods had a manufacturing fault).

After 3 months you would have been deemed to have accepted the belt and as such you wouldn't have had the right to a full refund unless the seller agreed to this.

The retailer could have offered a repair (very unlikely I know), a replacement, or a refund.
You could state your preference but they would be within their rights if they refused your preference due to it being too difficult or costly for them and a different option was more viable.

paddyrg

Smartypants! But if you want to back up your argument with a bit of legal paperwork, check out the 'Sale of Goods Act' (for stuff bought in a shop - for mail order you ALSO have the 'Distance Selling Regulations'). You should be able to find both in pdf form online, for free, and PLENTY of references to them.

Then you can be not just right, but also smug with it ;-)

arcon5

These 2 articles are useful

http://whatconsumer.co.uk/the-sale-of-goods-act/
http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/

I always find it cringe worthy when I hear consumers saying they have a right to return goods to shops.

You do however have a right to inspect and return unwanted goods when purchased at a distance (ie the internet) within 7 working days. The following article will be of use

http://www.out-law.com/page-430

bod1467

arcon5 wrote: »

(ie the internet)

You meant (e.g. the internet).

i.e. = that is to say

e.g. = for example



DSRs don't just apply for internet purchases; they also apply to mail order and telephone order purchases - i.e. any purchase "at a distance".

Labmanager

arcon5 wrote: »

These 2 articles are useful

http://whatconsumer.co.uk/the-sale-of-goods-act/
http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/

I always find it cringe worthy when I hear consumers saying they have a right to return goods to shops.

You do however have a right to inspect and return unwanted goods when purchased at a distance (ie the internet) within 7 working days. The following article will be of use

http://www.out-law.com/page-430

You do not have to return them within 7 working days at all. What are you blethering on about? You should really start proof reading your posts. Is it your iphone posting rubbish excuse again?

bod1467

Depends on how you read it ... because there is no punctuation it could be deemed that the Rights statement applies to either the right to inspect within 7 days OR the right to return within 7 days. Of course the former is true whilst the latter is not.

arcon5

Labmanager wrote: »

You do not have to return them within 7 working days at all. What are you blethering on about? You should really start proof reading your posts. Is it your iphone posting rubbish excuse again?

Yes you have the right to inspect and cancel within 7 working days.

No need to be so rude either

Pollycat

ChristineSharp wrote: »

Kirsty my friend insists that if she buys something then dislikes it so long as she returns it within 28 days she's entitled by law to a refund.

There's been some discussion about DSR on this thread.

Assuming Kirsty means purchases from the high street - she's wrong!

Some shops (Primark, M&S, Next etc) offer returns policy over and above a customer's statutory rights.

In these shops you can return items within the time limit specified on the receipt - assuming the goods are returned in saleable condition with a receipt - merely because you change your mind.

Some shops may offer similar return policy but on condition return is within say 14 days.

Other shops can (and do) refuse a refund on the grounds Kirsty mentions (change of mind).

Some may offer as a goodwill gesture a credit note, for example, I believe Office Shoes only offer a credit note.

Refund policy over and above statutory rights (e.g. in M&S, Next) may change when buying items in the sale.

Kirsty needs to bone up on her rights as a customer, otherwise she may come a cropper.