consumer rights act

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Are charity shops subject to same conditions? Can a shop avoid the act by displaying a notice saying that refunds are not given on returns after 14 days - plus a comment that "this does not affect your consumer rights"?

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  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    edited 12 May 2018 at 5:31PM
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    No they can't and such notices are blacklisted/prohibited as they amount to a criminal offence.

    They can't even have a sign saying "no refunds unless faulty".

    Also, that sign very much does affect your rights given you're entitled to a refund for at least the first 30 days and may even be entitled to a refund (or be entitled to claim for damages) for up to 6 years.

    Its possible they mean change of mind returns but their sign should state that so as to avoid misleading consumers about their statutory rights.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • lincroft1710
    lincroft1710 Posts: 17,646 Forumite
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    If an item is faulty you are entitled to a refund, replacement or repair, whichever the retailer prefers. With used items, the price paid comes into consideration regarding the expectation of the quality of the item, but any item offered for sale should be fit for purpose unless any known faults are disclosed.

    There is no legal entitlement to "change of mind" returns bought instore, although a store's policy may allow this subject to terms and conditions
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Les79
    Les79 Posts: 1,337 Forumite
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    No they can't and such notices are blacklisted/prohibited as they amount to a criminal offence.

    They can't even have a sign saying "no refunds unless faulty".

    Also, that sign very much does affect your rights given you're entitled to a refund for at least the first 30 days and may even be entitled to a refund (or be entitled to claim for damages) for up to 6 years.

    Its possible they mean change of mind returns but their sign should state that so as to avoid misleading consumers about their statutory rights.

    Really?

    If a sign says "this does not affect your consumer rights" I always thought that it meant you could return items which were faulty, not fit for purpose or not as described. You just couldn't change your mind.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    It sounds like the intention of the sign is simply to restrict no-fault exchanges.

    A shop does not have to offer any exchanges or refunds simply because you've changed your mind. If they do offer exchanges or refunds in this situation they can put whatever time limit they like on it.

    Of course the charity shop cannot restrict returns of faulty items.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Les79 wrote: »
    Really?

    If a sign says "this does not affect your consumer rights" I always thought that it meant you could return items which were faulty, not fit for purpose or not as described. You just couldn't change your mind.

    Yes really. The mere addition of that statement doesn't make an unfair limitation clause fair unless they also go on to explain what those rights are.

    You have one statement thats highly likely to mislead consumers about their rights followed by a statement that would require you to have legal training to understand the full implications of it.

    They're not even allowed signs that say "no refund unless faulty" because there are circumstances where the goods may not be faulty but still don't conform (misdescribed for example). Conversely, just because they're faulty doesn't mean that the goods don't conform. Which is why the legislation doesn't mention the word faulty once - only "lack of conformity".
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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