Here's the perfect gift… your rights as a shopper

Consumer Santa Martyn James opens his Christmas sack and shares his essential guide to your rights

It’s that time of year when the shops are packed, the streets are lined with parcel delivery companies and we’re inspecting the items we bought in the sales to see if they’re actually any good. Despite the fact we have lots of laws and rules that protect our rights when shopping, some retailers ignore them or “accidentally” mislead us. So here’s my ultimate guide to your rights!

What the law says

There are two laws that give us the bulk of our shopping rights. The Consumer Rights Act and the Consumer Contract Regulations. It’s not always easy to remember the rights that the laws give you, so I came up with the “Lost Rules” for the BBC’s Rip Off Britain to simplify things.

Don’t put up with frustration and disappointment if goods aren't satisfactory (Picture: Adobe)placeholder image
Don’t put up with frustration and disappointment if goods aren't satisfactory (Picture: Adobe)
  • Last: Goods and services must last a “reasonable” amount of time.
  • Operates: The goods and services must work! The law says they must be “fit for purpose”.
  • Satisfactory: The goods and services must be of “satisfactory quality”.
  • True: The goods and services must be “as described”. In other words, the way they are advertised and sold must be true.

Here’s what the rules mean in practice:

  • Of satisfactory quality: In general terms, the retailer must not misrepresent how well the goods have been made, should provide the full scope of the service they are offering or ensure that the goods do what they said they would do effectively.
  • As described: The item or service should be as the retailer said it would be. So if you buy a brown leather sofa, it should match the colour, fabric and description given by the retailer.
  • Fit for purpose: You should be able to use the goods or services for the purpose they were supplied for. So if you’ve bought a hard drive designed to work with Apple laptops, it should do precisely that.

The law also says that they must last “a reasonable amount of time” (more on that later).

Timescales and your rights

There are a number of timescales for complaining and returning goods to bear in mind. There’s a really easy way to remember them: My 14/30/6 rules!

  • You have 14 days to change your mind when you buy most goods online.
  • You have 30 days to report faulty or misrepresented goods and get a full refund.
  • You have six months from the sale to get a repair or replacement of faulty goods, but failing that it’s a refund.
  • Here are the rules in a bit more detail:
  • When you buy most goods or services online, you usually have a 14-day “right to cancel” period if you change your mind. There are exceptions though, like items made to order, letting contracts and most things related to holidays and travel.
  • No matter where you bought the goods or services, you are entitled to a full refund if what you have purchased online or in a shop is damaged, wonky, not as advertised or not fit for purpose within 30 days of purchase.
  • Even over the six months, goods must last “a reasonable amount of time” so you can still ask for a full or partial refund, or repairs and replacements, but the responsibility switches to you to prove you haven’t broken the goods.

Returns and costs

If items are misrepresented or don’t work the retailer must cover the costs for returning the item. Once it’s back, they have 14 days to refund you from the point they receive the goods (or when you tell them you don’t want them if the goods are digital). That includes delivery costs for returning the item (but they only have to pay the cheapest option available, so you might end up covering the difference).

What if I’ve changed my mind?

If you’re shopping on the high street, retailers will generally offer a credit note to spend in store or a refund if the item hasn’t been damaged or taken out of its packaging. It pays to check the returns policies online before you shop, though.

Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist. Read more from him at this link and catch up with Ripoff Britain on the BBC iPlayer

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