The customer is always right. Except when they’re wrong. And sometimes they’re told they’re wrong even when they’re right.

Shoppers rights are even more complex in January as the sales are on, meaning many stores change their policies – so today I have 10 things everyone needs to know.

And as complaints can cause conflict and friction, I’d always suggest you make them calmly, politely and firmly. This gets far better results than aggression – especially as it’s not usually the person you’re complaining to who’s to blame.

1. You DON’T have a right to return goods bought in store because they’re the wrong size or colour

Jaws often drop when I tell people this. You have no legal right to return goods bought in a shop if you change your mind about them (unless something’s faulty).

Many shops do allow returns, but they don’t have to. However, if they publish a ‘returns policy’ – for example ‘you can exchange within 30 days’ – then this is enforceable as it forms part of your purchase contract.

2. Buy goods online and you CAN change your mind – and regardless of what they say, you have 28 days to return them

Online shoppers have more rights. The Consumer Contract Regulations state that unless goods are personalised or perishable, you have the right to send them back whether they’re faulty or not (even if you’ve opened the box).

By law you have up to 14 days after you receive an item to notify the website you are returning what you bought – and then up to 14 days after that to send it back. Therefore a total maximum 28 days.

However many retailers give incorrect information about this. In research a couple of weeks ago by my MoneySavingExpert.com team, 15 major retailers’ sites had incorrect or misleading info, including M&S which said it gives you 14 days to return sale items bought online with the brief caveat that “this does not affect your statutory rights”.

Nine of them have agreed to review their sites. We’re reporting the rest to Trading Standards.

3. Be a SAD FART and you’ll have no complaints

Over the last decade many people have shouted ‘sad fart’ at me in the street, thankfully mostly as they know its my phrase for remembering your consumer rights. I’ve even heard some law classes now teach it.

It means all goods should be of Satisfactory quality As Described, Fit for purpose And last a Reasonable length of Time. If not, they’re faulty, and that means you have strong legal rights.

4. To get a full refund, return faulty goods within a month

If goods are faulty, then you have 30 days to return them to get a full refund. Leave it later and you’re entitled to either a replacement or a partial refund.

5. You don’t need a receipt to return faulty items

The law just requires proof of purchase. A receipt is easiest but, if you don’t have it, a credit card or bank statement may provide the evidence needed.

However if goods aren’t faulty, many stores do require a receipt to return them. And then, because they are being generous to allow returns at all, if they say “jump up and down and call me Tigger” to get your money back, be prepared to bounce.

6. Your legal rights are the SAME in the sales

Even when things are discounted, you have the same rights if goods are faulty. Yet if they’re not faulty, you’re again reliant on the store’s own policy, and some SUSPEND their usual return rights in the sales, so check before you buy.

The same applies if you’re buying second hand – provided you’re buying them from a trader (someone who buys and sells for a living, not a private individual selling personal items). The only difference is there can be a lower expectation of what is ‘satisfactory quality’.

7. If you’re told ‘take up the fault with the manufacturer’, say no

If goods are faulty, your legal contract is with the firm you bought them from.

Some try to fob you off to the ­manufacturer, but it’s the retailer’s job to put it right. This applies even if you have a warranty – that’s just extra protection, for when you don’t have statutory (ie. legal) rights.

8. There is no ‘goods must last two years’ rule

There is an urban myth that an EU rule means electronic goods must last at least two years. Actually, in the UK the same rule lasts six years – but it isn’t about how long things should last.

As the SAD FART rule tells you, things are faulty if they’re not built to ‘last a reasonable length of time’.

And here, ‘reasonable’ is the key. For example, if a 10p whistle broke after six months of use, I’d say that was reasonable – but for a £1,000 TV, it’s not. The six years is simply the maximum time you have to complain.

9. Court is the last resort

In 2014, I was asked to give evidence to the Consumer Rights Act parliamentary bill committee. They asked me if I thought their proposed changes were an improvement. I did, but I had one big problem with it.

It’s all very well giving people strong rights, but the only way to enforce them if a shop plays hardball is to go to court, and who’s going to do that for a £30 kettle? Sadly, little has changed. Many shops play fair but disputes do occur, and getting justice isn’t easy.

If the shop assistant is unhelpful, politely ask to escalate a complaint to a manager. If that fails, you could write formally to the firm’s complaints team (if they have one), tweet them, or complain via a site like Resolver. If that doesn’t work speak to the Citizens Advice helpline on 03454 040506.

If all else fails, you can take them to court. That sounds scarier than it is. Often it’s just filling in an online form here – you don’t need a lawyer.

10. Pay at least 1p on a credit card for extra protection

Section 75 of the Consumer Credit Act 1974 means if you buy something costing £100 to £30,000 on a credit (not debit) card, the credit card firm is jointly liable with the retailer if things go wrong.

Even if you part-pay on the card, it’s liable for the entire amount. So if possible, put at least 1p of all big purchases on a credit card (as always, ensure you pay it off IN FULL every month to avoid interest).

This gives you identical (not extra) rights with the card firm as with the retailer – good protection if the store goes bust or is overseas.

Also, should you have a dispute, you can take the card firm to the free Financial Ombudsman Service which is easier than court.

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January sales 2019

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