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  • FIRST POST
    • elaphe
    • By elaphe 12th May 18, 5:26 PM
    • 9Posts
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    elaphe
    consumer rights act
    • #1
    • 12th May 18, 5:26 PM
    consumer rights act 12th May 18 at 5:26 PM
    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"?
Page 1
    • unholyangel
    • By unholyangel 12th May 18, 5:29 PM
    • 12,537 Posts
    • 9,823 Thanks
    unholyangel
    • #2
    • 12th May 18, 5:29 PM
    • #2
    • 12th May 18, 5:29 PM
    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.
    Last edited by unholyangel; 12-05-2018 at 5:31 PM.
    Money doesn't solve poverty.....it creates it.
    • lincroft1710
    • By lincroft1710 12th May 18, 5:39 PM
    • 10,801 Posts
    • 9,065 Thanks
    lincroft1710
    • #3
    • 12th May 18, 5:39 PM
    • #3
    • 12th May 18, 5:39 PM
    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
    • Les79
    • By Les79 12th May 18, 9:57 PM
    • 315 Posts
    • 382 Thanks
    Les79
    • #4
    • 12th May 18, 9:57 PM
    • #4
    • 12th May 18, 9:57 PM
    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.
    Originally posted by unholyangel
    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
    • By steampowered 12th May 18, 10:30 PM
    • 2,675 Posts
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    steampowered
    • #5
    • 12th May 18, 10:30 PM
    • #5
    • 12th May 18, 10:30 PM
    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
    • By unholyangel 12th May 18, 10:56 PM
    • 12,537 Posts
    • 9,823 Thanks
    unholyangel
    • #6
    • 12th May 18, 10:56 PM
    • #6
    • 12th May 18, 10:56 PM
    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.
    Originally posted by Les79
    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".
    Money doesn't solve poverty.....it creates it.
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