Christmas and the sales have seen much frantic shopping -
with the inevitable need to return some goods later. Juliet
Shedden on your rights to take items back.
Saturday January 10, 2004
The
Guardian
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So
you hated that garish tie and ghastly pullover given to you
at Christmas? Before you go marching into the store to demand
the money back and huff and puff about consumer rights, take
a step back. You have no automatic right to your money back.
As
Moira Haynes, from the National Association of Citizens Advice
Bureau (NACAB), says: "It's a common misconception that people
have a right to return goods. That right, as a legal right,
doesn't exist."
A
shop has no legal obligation to offer you a refund or exchange
unless the item is faulty. The big retailers like Marks &
Spencer are being remarkably understanding when they offer
you a refund or credit note on a non-faulty item.
So,
what are your precise rights of return? We put your questions
to the retailers and consumer organisations:
1.
I haven't got the receipt for this. Can I still get my money
back?
Marks
& Spencer: "If you do not have a receipt, we would be glad
to offer you a Marks & Spencer credit note."
HMV:
"HMV will exchange items purchased in error or that are unwanted
gifts provided they are returned within 21 days in perfect
condition and are accompanied by a valid receipt. All goods
must include original packaging. HMV is unable to accept items
that have been previously exchanged, or multiple returns.
HMV staff will, however, seek to use their discretion where
appropriate."
NACAB:
"You only have a legal right to a refund if the goods are
faulty, misleadingly described or unfit for the purpose they're
sold. However, some retailers offer additional rights and
will give refunds, exchange goods or offer credit notes provided
certain conditions are met: for instance, proof of purchase,
like a receipt, or goods are returned in a certain time frame
- often 28 days."
2.
If I have the receipt. Can I demand cash back instead of a
credit note?
OFT:
"If the law has been breached (that is, the goods are not
of a satisfactory quality, are damaged or defected, not fit
for their purpose or are not as described) then a consumer
is entitled to a full refund, they do not have to accept a
credit note."
Marks
& Spencer: "If you have a receipt, we would offer you a cash
or card refund."
HMV: "Provided the items have been returned within 21 days
in their original packaging and in perfect condition they
can be exchanged for other goods up to the same value, but
not for a cash refund."
NACAB:
"If the item was faulty, misleadingly described or unfit for
the purpose within six years you have a legal right to chose
from a repair, a replacement, a partial or full refund or
compensation. If you report the fault within six months the
retailer has to prove the goods were not faulty when purchased."
3.
I bought this present full price for Christmas, but my son
already has it. Now it is in the sale: can I get a full refund
or do I just get the sale price now?
OFT:
"Depends on exchange policy of the company - if there's nothing
wrong with the product then there is no automatic right to
refund/redress."
Marks
& Spencer: "You will receive a refund of the price paid for
the present."
HMV:
"Provided the items have been returned within 21 days in their
original packaging and in perfect condition they can be exchanged
for other goods up to the same value as that originally paid,
but not for a cash refund."
4.
I bought this present two months ago for Christmas. It turns
out my wife did not like it. Can I get my money back?
Marks
& Spencer: "If you have a receipt, you can have a cash refund.
Otherwise, we can give you a credit note."
HMV:
"No. Unless there are exceptional circumstances, items must
be returned within 21 days in accordance with HMV's returns
policy."
NACAB:
"No, not as a right."
5.
This was bought for my daughter but it broke two days after
Christmas. Can I get my money back?
OFT:
"The law says that goods you buy: must be of a satisfactory
quality and be safe; must not be damaged or defective unless
the person selling them to you points out a fault. The seller
is liable for faulty goods or goods which do not meet the
shoppers' rights. In this case the consumer would have the
right to a full refund for the faulty goods, they would not
have to accept a free repair, a replacement or credit note."
Marks
& Spencer: "If the product is faulty, we will provide you
with a full refund."
HMV:
"If it is evident the item was faulty when purchased then
customers are covered by their statutory rights. If the item
was purchased in perfect condition, and has since been damaged
or broken by the customer, HMV would not offer a refund or
exchange."
6.
I have just bought in the sales, but want to take an item
back. Do I have fewer rights?
OFT:
"You have the same rights when you buy something in a sale.
But sales goods can be sold with a defect. If the defect has
been pointed out, you can't ask for a refund. If the shoppers'
rights have not been breached then there is no statutory right
to a refund or redress."
Marks
& Spencer: "Absolutely not. You can get a full refund for
the price you paid for the product."
HMV:
"HMV's refund policy applies equally to all products sold
in its stores."
7.
I got some vouchers at Christmas for a shop I'd never go in
- can I swap them back for the cash?
OFT:
"Depends on the terms and conditions of the voucher, but no
automatic right to cash."
Marks
& Spencer: "Unfortunately not. We have a wide range of great
products, across clothing, home and food which you can spend
your vouchers on when you choose."
HMV:
"No."
