Tinsel Troubles? Unwrap Your Consumer Rights This Christmas

It is the season of shopping and especially online shopping. And also the season of panicked returns and undelivered and faulty goods. So here is an outline guide to some of your consumer rights.

Q: It says on the label that "This doesn't affect your statutory rights" - what does that mean?

A: Your statutory rights are your minimum guaranteed legal rights which always apply and overrule the retailer’s policy, so whatever the shop says, these are your minimum rights and can't be overruled by the shop's policy.

In short, these rights, enshrined in The Consumer Rights Act 2015, mean that all products must be of satisfactory quality, fit for purpose and as described.

Q: A lot of us see the button which means you can pay for stuff with PayPal – is that a good idea?

A lot of retailers are increasingly promoting PayPal as a means of paying for your goods online. But doing so, means you MAY (but not necessarily) miss out on the protection offered by Section 75 (see above).

When you use PayPal, you are actually paying PayPal, which then pays the shop you are buying from. But how this transaction takes place effects how much you are protected. Working out what is happening is messy and a bit complicated - which is why I think paying with a credit card is generally better at offering consumer protection.

If you weren’t logged into a PayPal account and are only using PayPal is used as a 'payment processor' by an online shop you may be covered by Section 75.

However if you buy something online using your PayPal balance, you are effectively using the money in your PayPal account and Section 75 protection doesn't usually apply.

Q: What is the advantage of paying by credit or with a debit card?

A: Paying by credit card means you get extra protection from Section 75 of the Consumer Credit Act, which makes your provider jointly liable with the retailer if something goes wrong.

So, if your order doesn't arrive or if the retailer goes bust, you can make a Section 75 claim and get your money back this way. The goods must have cost over £100 and no more than £30,000. Section 75 doesn't apply if you buy multiple items that total more than £100 but individually cost less than £100.

For debit card purchases, you can make a chargeback claim with your bank if your order goes awry, but the protection is not backed by law and isn't quite as reliable - but good nonetheless.

Q: What if my Christmas order doesn't arrive in time - can I get my money back and return it?

If you bought it online you are covered by the Distance Selling Regulations and as long as you return it within the limited return period, you can get your money back.

Q: Can I return goods I decided I don't want to the shop, even if there is nothing wrong with them?

You can only return store-bought non-faulty goods for an exchange or refund if the retailer has a returns policy. So, there is no automatic right of return for something you went into a shop and bought. There is more protection, if you bought the goods online (see below)

Q: Can I return goods I have bought online, if they are fine but I just don't like them?

A: Your rights when returning goods relies on two pieces of legislation - the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013. It can be good to quote this, if you are ever having trouble with a retailer who is not playing ball.

If you have bought something online, you can cancel the order within a certain period. The cancellation period starts from the moment you place your order and ends 14 days from the day you receive your goods.

You then have to return the items within 14 days from the date you notify the retailer that you'd like to return the goods.

There are some exceptions where the same rules might not apply, such as if the goods are perishable or were made-to-order.

The problem is that since we are often buying online from retailers based in another country, enforcing the law can be difficult. Which is why buying on a credit card often gives you better protection than the law.

Q: If the goods I bought don't work properly - what are my rights?

You have the right to a refund if you return your faulty item within 30 days of receiving it.

If you don't reject the goods within the first 30 days, and find a fault within the first six months, you'll need to give the shop a chance to make a repair or replacement. If they can't fix it, you should get a refund.

After first six months, you have to prove the fault you've found was present at the time you made the purchase and that it only became obvious later.

Q: Do I have to pay for the cost of the return?

A: There is no legal obligation for a company to pay for the cost of the return, although many in practice do pay. Do check on their website for their policy.

However, If the goods are faulty, you shouldn't have to pay to return the goods. Which? has a good guide to your rights on this issue which you can find here. 

If you have a question or a comment - please contact my on Twitter or BlueSky @adamshawbiz or send an email here