Does a consumer have a right to a refund for store-bought goods?

cleanbluesky · 25 Mar 2006 at 16:38

because I just tried to change something and the guy got arsey... I got close to what I wanted in the end, but it got me thinking as to whether we are entitled to refunds...

dirtydog · 25 Mar 2006 at 16:41

Not if you just change your mind or mistakenly bought the wrong item. If it is faulty and you take it back soon afterwards then yes, otherwise no.

robmiller · 25 Mar 2006 at 16:41

I'm pretty sure they're obliged to replace goods if they're faulty but anything else is just kindness on the part of the retailer.

Carlos_S · 25 Mar 2006 at 16:54

If you say what it is it would be easier to say, lots of returns depend on things such as perishability and fitness for purpose for etc.

taliesyn · 25 Mar 2006 at 17:00

No. Shops are not obliged to give refunds, but this must be plainly stated.

cleanbluesky · 25 Mar 2006 at 17:19

taliesyn said:
No. Shops are not obliged to give refunds, but this must be plainly stated.

what do you mean by plainly stated?

Carlos_S · 25 Mar 2006 at 17:22

taliesyn said:
No. Shops are not obliged to give refunds, but this must be plainly stated.

It depends in certain circumstances they must, for example faulty products.

Meridian · 25 Mar 2006 at 20:22

Essentially you can legally demand your money back if:

a) The product doesn't work, or is broken, or damaged etc; or

b) The product is not fit for purpose. This includes where you were told it would do something which it does not (and no, those creams don't work...), or where the box/packet claimed something not true; or

c) The product is not as described.

But if you merely change your mind, or didn't like it, or didn't ask whether the thing would do what you wanted and the packaging didn't address that issue, then it's up to the shop.

M

Loki · 25 Mar 2006 at 20:40

Its all to do with the Sales of Goods act. If the product was fit for the sale of its intended purpose then strictly speaking you are not entitled to are refund. However in the interest of good customer service they can and do in most cases offer an exchange but that is entirely at the discretion of the store.

The only exception to this is if the was purchased with credit (not necessarily always the case with a credit card) and they you have a cooling off period off 7 days in which you can get a full refund or cancelltion of the credit agreement in return of the good in their original state

Loki · 25 Mar 2006 at 20:41

cleanbluesky said:
what do you mean by plainly stated?

I think he means clearly stated

tb2000 · 25 Mar 2006 at 21:03

It's like when I bought a TV a few years ago. It was the typical thing of "it looked fine in the store" but when I got it back home just by looking at the size of the box in the hallway I could see the 33" TV i'd just bought was a little on the large size for the room!

If I hadn't opened the box I could've returned it for a refund but as I opened it (admittedly all I'd done was cut the line of sellotape on the top) I couldn't return it. I suppose I could've sealed it again and made it look like it hadn't been opened but it wasn't worth the hassle of them possibly argueing the case, and in the end I got used to the size of the telly - which incidentally stopped working properly a while ago! It only lasted four years :eek:

PinkPig · 25 Mar 2006 at 21:06

tb2000 said:
It's like when I bought a TV a few years ago. It was the typical thing of "it looked fine in the store" but when I got it back home just by looking at the size of the box in the hallway I could see the 33" TV i'd just bought was a little on the large size for the room! If I hadn't opened the box I could've returned it for a refund

Although that was probably the store's policy, as far as I'm aware the law doesn't have any requirement for the retailer to accept the return, even if it's completely unopened, since the TV was exactly what you saw in the shop and did everything you expected it to do.

[TW]Fox · 25 Mar 2006 at 21:08

PinkPig said:
Although that was probably the store's policy, as far as I'm aware the law doesn't have any requirement for the retailer to accept the return, even if it's completely unopened, since the TV was exactly what you saw in the shop and did everything you expected it to do.

This is exactly correct.

This 'right' is a myth people have becuase most well known stores operate a policy that allows returns. It is not a legal entitlement.

Sequoia · 25 Mar 2006 at 21:14

[TW]Fox said:
This is exactly correct.

This 'right' is a myth people have becuase most well known stores operate a policy that allows returns. It is not a legal entitlement.

Correct.

You have a right to reject goods if they are faulty, or not fit for the purpose, or not as described, etc. But you do NOT have a right to demand a refund if you just change your mind. You may well get a refund if you ask, but you can't insist on it.

Even if the goods are faulty, not fit for purpose, etc, you can only demand a refund if you haven't "accepted" the goods ..... and that doesn't mean what the layman probably thinks it does. One way to "accept" goods is to delay beyond a "reasonable" time before rejecting them. "Reasonable time" is not defined .... it varies.

Oh, and all the above comes from the Sale of Goods Act, which only applies to consumers (not businesses) buying from companies. Businesses buying from businesses are expected to have the savvy to negotiate fair contract terms with consumer-level statutory protection.

tb2000 · 25 Mar 2006 at 21:19

[TW]Fox said:
This is exactly correct.

This 'right' is a myth people have becuase most well known stores operate a policy that allows returns. It is not a legal entitlement.

Yeah, perhaps I should've mentioned, it was just this particular stores policy, I didn't see it as a right I had.

crashuk · 25 Mar 2006 at 21:48

Carlos_S said:
It depends in certain circumstances they must, for example faulty products.

yer and there is no time scale involved lets say i brought a tv and then scart sockets didnt work but for 6 months i never used it then i used it and it was faulty, i have a right for a full refund because the item was faulty from the start, the company has to prove that it wasnt and that i have used the scart socket..

Dolph · 25 Mar 2006 at 21:54

crashuk said:
yer and there is no time scale involved lets say i brought a tv and then scart sockets didnt work but for 6 months i never used it then i used it and it was faulty, i have a right for a full refund because the item was faulty from the start, the company has to prove that it wasnt and that i have used the scart socket..

It's only the stores job to prove it wasn't inherantly faulty (ie faulty at time of purchase) during the first six months. After that it's entirely the customers responsibility to prove the goods are inherantly faulty.

You are also NOT legally entitled to a full refund.

Please also note that a product that develops a fault after (for example) 7 months isn't necessarily inherantly faulty. It may be a warranty repair, but it doesn't come under the SOGA legislation unless you can prove it was present at time of purchase.

crashuk · 25 Mar 2006 at 21:58

Dolph said:
It's only the stores job to prove it wasn't inherantly faulty (ie faulty at time of purchase) during the first six months. After that it's entirely the customers responsibility to prove the goods are inherantly faulty.

You are also NOT legally entitled to a full refund.

Please also note that a product that develops a fault after (for example) 7 months isn't necessarily inherantly faulty. It may be a warranty repair, but it doesn't come under the SOGA legislation unless you can prove it was present at time of purchase.

Actually you are allowed a full refund, i posted a link to the dti on some one elses post.

Dolph · 25 Mar 2006 at 22:04

crashuk said:
Actually you are allowed a full refund, i posted a link to the dti on some one elses post.

No, you aren't, especially not once that 'reasonable time' has passed. (Most stores currently take the reasonable time as 28-30 days. It's not set in stone, but it's a good guide in many cases)

http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm

Important parts.

If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

Nowhere in the legislation do you have the right to turn up after six months and say "I want my money back".

crashuk · 25 Mar 2006 at 22:08

If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

Thats the clause; my scart socket didnt work so it didnt conform to the contract.

Does a consumer have a right to a refund for store-bought goods?

Wise Guy