Attempting to return goods to a store in this country can be an infuriating and drawn out process. However if you exude confidence, understand your legal rights and follow through on what you say, you shouldn’t have any problems at all.
When you buy something, pay for it and leave the store, the transaction may be complete but the contract is ongoing. In other words just because you’ve returned home or kept an item for a few weeks, you haven’t automatically completed your end of the contract, and you might still have an option to return or exchange something with which you are dissatisfied.
The question is: are you are dissatisfied with the item because it is faulty, or for some other reason?
If the goods are faulty, not fit for purpose, not as described or not of satisfactory quality, then you are entitled to a full refund. You do not have to accept a repair, a credit note or replacement, although you may want to consider this if you have had the goods for some considerable time.
If you have purchased the wrong item, changed your mind or the item is an unwanted gift, then you are not entitled to a full refund. More often than not however, the shop will give you a refund out of goodwill, but you may have to settle for an exchange or credit note if it’s outside of the store’s discretionary return period (usually 28 days).
You should always act quickly and return items as soon as possible. However if you are attempting to return faulty goods, then you have a “reasonable amount of time” within which to do so, irrespective of what the store’s policy is. So for example, it should to be perfectly fine to return a pair of faulty straighteners after about 6 months if they begin to singe your hair, because if you’ve spent more than £100 on them, you would expect them to work properly for a lot longer than 6 months.
However items which are not fit for purpose, not as described or not of satisfactory quality, should be returned fairly quickly, i.e. within a couple of months, because it would be not reasonable for the buyer to decide 6 months down the line for example that a pair of trousers were wrongly labelled as a size 34, but in-fact measured up as a size 28.
It is always best to have a receipt, but it’s also worth knowing that shops aren’t actually obliged to provide you with a receipt in the first place and under English law, you don’t need to show a receipt when you’re trying to return something. You are just as legally entitled to use a bank or credit card statement to prove the date and location of where the goods were purchased. In-fact simply having a witness who can verify your version of events may also be fine but it’s probably best avoided unless taking legal action.
Whatever happens, don’t take no for an answer, don’t tolerate silly excuses and don’t allow the shop to pass the buck onto the manufacturer. It is the trader’s responsibility to rectify the problem and it is up to them to go back to the manufacturer. If an item is faulty then you should quite simply have no problem in getting back your money from the shop where the item was purchased.
If you don’t get anywhere with the person at the counter, you could asked to speak with the manager. Remind the manager that he/she must surely be familiar with basic consumer law and the Sale of Goods Act, and that you would like the matter to be resolved immediately and without a fuss. If the store manager doesn’t cooperate, take the names of all the people you spoke with as well as details of the company’s head office (if applicable), and leave the store with your head held high.
It is then up to if you wish to take matters further, and you would have several options open to you. You could get in touch with their head office (if there is one) and outline the nature of your dissatisfaction. You could do a Companies House search online, get the addresses of all the Company Directors and then write to them individually. And of course you could always sue the company in the Small Claims Court, if the damages sought are less than £5,000, however this would be time consuming and probably cost you a few hundred pounds.
Overall just remember that you’re not a criminal for taking something back to a shop and wanting a refund, despite how the sales assistant looks at you. Just stay calm, be confident, polite and professional, and then when you feel the full weight of the English legal system behind you, just lean in and gently ask… “may I speak with the store manager please?”
THIS BLOG MUST NOT BE RELIED UPON AS LEGAL ADVICE