Consumer rights

Consumer rights
‘Give me my money back!’

Have you ever tried to return defective or substandard items only to have your complaint brushed off by the store? Now, picture yourself strolling down the main shopping street or reaching out to the company, this time clad in the shining armor of consumer rights. Continue reading to discover your consumer rights and the steps to take if your purchases don’t meet expectations.

What are your consumer rights?

Your consumer rights ensure your protection when purchasing goods and services. These rights are legally guaranteed and cannot be altered by any store or service provider.

Before diving into the specifics, here’s a brief overview of your rights:

• You DON’T have a legal right to change your mind & return store-bought goods. Even if you’ve purchased an item in the wrong color or size, stores aren’t obligated to provide a refund just because you changed your mind. (This policy differs when the items are defective.)
• In reality, many shops offer more generous returns policies. If retailers have established return policies, they must adhere to them. While many will offer a full refund if you decide to return an item, it’s always wise to verify the policy before making a purchase.
• The rules are different when shopping online – you DO have a legal right to change your mind. For the majority of products, you have a 14-day window to inform them of your intention to return the item, followed by an additional 14 days to actually send it back. However, there are some exceptions to this rule. For complete details on online shopping returns, refer to the full information provided.
• If items are faulty, it doesn’t matter where you bought them. Typically, you have the right to a refund, repair, or replacement based on the timing of when you discover the defect. For more details, refer to the section on Returning Faulty Goods.

Has Brexit changed your consumer rights? After the Brexit transition period, the majority of EU directives were adopted into UK legislation, meaning your rights remain the same. Nevertheless, purchasing from a trader located in the EU might now involve some additional complexities.

Before Brexit, when a UK consumer purchased an item from a trader based in the EU and faced issues such as non-delivery or problems with the product, they could seek resolution under UK law and through UK courts. Any resulting judgments would be acknowledged and enforced in the relevant EU member state. The Government now says you need to contact UK International Consumer Centre for help with problems buying from an EU country.

Consumer rights: Quick dos and don’ts

In the upcoming sections of this guide, you’ll find a more in-depth look at consumer rights. For now, let’s cover some basic dos and don’ts to help you safeguard your interests.

– DO spend gift vouchers quickly

If you have gift vouchers or cards, it’s wise to redeem them sooner rather than later to avoid potential losses if the store goes under. While it may seem unlikely, numerous companies have recently faced bankruptcy, including Wilko, Made.com, Joules, Missguided, Debenhams, and House of Fraser.

When a company enters administration, it is legally allowed to cease accepting gift vouchers, effectively making them as useless as the materials they’re made from.

What are my gift voucher rights if the company is in administration?

When this occurs, the company ceases to operate as it once did, meaning it is no longer obligated to meet all its commitments, including honoring gift cards.

Essentially, a gift card represents a pledge that lets you use a specified amount of money at a store or online. According to insolvency regulations, the decision to honor these vouchers is at the discretion of the administrator. Often, administrators choose to discontinue accepting them.

Don’t throw them away

With that said, hold onto your vouchers. The stance on gift cards is shifting, with some administrators revisiting their policies and other retailers potentially starting to accept them. For example, HMV allowed customers to trade in their HMV gift cards purchased from Tesco, Asda, or Boots for vouchers valid at those stores.

Can I get my money back if gift cards are not accepted?

You have an opportunity, but it’s wise to prepare for the worst.

According to Section 75 of the Consumer Credit Act 1974, if you use a credit card to make a purchase between £100 and £30,000 and don’t receive the service or item you paid for, your credit card company is obligated to issue a refund.

However, the application of this law is unclear when it comes to gift cards. While it might be worth attempting to claim under Section 75, there are no assurances of success.

Alternatively, you can utilize the ‘chargeback’ process available for credit and debit cards. If you report an issue within 120 days, Visa, Mastercard, and American Express might reimburse you, irrespective of the amount (though Mastercard has a £10 minimum). This process is a customer service feature rather than a legal obligation.

If your card protection falls short, you might attempt to recover funds by filing a claim with the administrator as an ‘unsecured creditor.’ This makes you one of the many individuals the administrator owes money to. However, it’s important to temper your expectations regarding this method.

Should I buy gift vouchers?

It’s generally wise to steer clear of gift cards. While cash might be less exciting, it offers greater safety, flexibility, and ensures the recipient gets something of value.

Gift vouchers carry the risk of becoming invalid if the issuing company faces financial difficulties. If you suspect a company might be struggling, it’s best to avoid purchasing their gift cards or vouchers altogether. Always perform a quick online search about the company before making a purchase to ensure their stability.

However, if you’re set on buying gift cards, opt for general-purpose vouchers that can be used at multiple retailers or consider major companies like Amazon, Asda, John Lewis, M&S, and Tesco. Even with these options, there’s no absolute guarantee.

– DO take things back as quickly as possible

If an item is defective, meaning it fails to adhere to the SAD FART standards, it’s essential to return it promptly.

• Within 30 days.

You generally have the option to receive a full refund under what’s known as your ‘short-term right to reject.’ Beyond this period, you should anticipate only being able to request an exchange, repair, or partial refund.

• Within six months.

The store is required to demonstrate that the products were not defective at the time of sale. Once that responsibility is fulfilled, it then falls upon you to show that they were, in fact, faulty.

The deadlines outlined specify when you need to return defective items. These are distinct from the “reasonable duration” aspect of the SAD FART guidelines, which initially determine what constitutes a faulty product.

So, what is considered ‘reasonable’? It varies depending on the context. For instance, if you were to consult a practical friend and asked, “Is it reasonable for a £2,000 television to fail after nine months?” they would likely say no. However, it might be deemed reasonable for a 50p flashlight to stop working after the same period.

– DON’T assume you can exchange it if it’s the wrong size

Unless in-store purchases violate the SAD FART regulations, there is no legal entitlement to return them (note that the rules differ for online purchases). Therefore, don’t assume you can return clothes if they don’t fit—verify before buying.

While many retailers might accept returns, they aren’t obligated to do so unless they have a stated returns policy. If a store has such a policy, it becomes a contractual obligation, and they are required to adhere to it.

For additional details, refer to the “Can I change my mind?” section below.

– DO write ‘it’s a gift’ on receipts

By law, the right to return defective items typically belongs to the individual who made the purchase.

However, if you indicate on the receipt that the item was a gift—such as noting “purchased as a gift for Bob”—and keep a copy of the receipt (such as the debit/credit card slip that the store retains), the return rights can be transferred to the recipient.

While some stores may accept returns of gifts regardless, it’s a good idea to follow this practice to ensure smooth processing.

For additional details, refer to the section on returning goods that were given as gifts.

– DON’T think buying online means fewer rights

When you shop online or by telephone/catalogue, you enjoy enhanced protections under the Consumer Contracts Regulations. These regulations grant you a legal right to cancel your purchase within 14 days of receipt, and an additional 14 days to return most items for a complete refund, which includes the initial delivery charges, even if the product isn’t defective. Typically, you’ll be responsible for the cost of returning the item.

For additional details, refer to the “Buying on the web, mail order, or from home” section below.

– DO check suitability before buying

The “as described” aspect of the SAD FART guidelines is essential.

Consider this scenario: you purchase speakers intended for your TV and later find they won’t connect to your particular model.

If you have evidence (such as notes) showing that the store assured you the speakers would be compatible with your TV, then they haven’t met their description, and you are entitled to a return. However, if you didn’t inquire about compatibility, it’s not mentioned in any written materials, and the speakers function correctly when properly connected, the issue falls on you, not the store.

– DON’T think ‘no receipt’ means ‘no return’

When dealing with defective products, all you need to do is show proof of purchase. This can be a receipt, but other valid forms of documentation, like a bank statement, are usually acceptable.

On the other hand, if you’re returning an item based on a store’s return policy rather than a legal obligation, you’ll need to present a receipt if that’s what the policy requires.

– DO return it to the store, not the manufacturer

If the SAD FART rules are violated, your contract is with the store where you made the purchase, not the manufacturer. Therefore, it is the retailer’s responsibility to handle the issue—don’t let them pass the buck.

For additional details, refer to the Know Who’s Responsible section below.

– DON’T think eBay’s different

When purchasing from a seller who relies on eBay as a primary source of income, you benefit from comprehensive SAD FART rights. On the other hand, if you buy from an occasional private seller, as long as the items match their description, the primary principle to follow is “buyer beware.”

For additional details, refer to the Buying on the Web section below.

– DO ensure Christmas delivery’s specified

If your items intended for Christmas or another particular occasion arrive late, you can only raise a complaint if either you or the retailer explicitly indicated (and can provide evidence) that the delivery was meant to be before Christmas.

In such situations, this constitutes a breach of contract, and you are entitled to a refund. However, even if a Christmas delivery was not specifically mentioned, items should still be delivered within 30 days.

For further details, please refer to the section below on purchasing items online, by mail order, or from home.

– DON’T think you’ve no rights with freebies

When you receive a freebie as part of a purchase – such as a laptop bundled with a mobile broadband contract – your rights are identical to those you would have if you had bought the item separately.

For additional details, refer to the “Do I have rights if a freebie was faulty?” section below.

– DO consider paying by credit card if it’s over £100

When you use a credit card to purchase an item valued at over £100, the credit card company shares responsibility with the retailer if any issues arise. This arrangement provides you with additional legal protections – refer to the Section 75 guide for more details. However, it’s advisable to use this option only if you can pay off the credit card balance in full the following month to avoid incurring interest charges.

– DO remember it’s about expectations as well as rights

Although you may not have a legal entitlement, a company’s reputation hinges on providing good service. Therefore, it’s always worth making a request and expressing your dissatisfaction if they fail to assist you.

Understanding consumer rights law

If you’re involved in a dispute, it’s crucial to not only be aware of your rights but also to grasp how and why they are effective.

Whenever you purchase an item, whether it’s a smartphone from a friend or a week-long vacation in Cuba through a travel agency, you are entering into a contract with the seller.

What does this contract really mean?

Both you and the other party have reached a mutual agreement on the terms and conditions. The seller has committed to upholding your ‘statutory rights’.

It’s important to understand that this legislation is exclusively for consumers and does not cover purchases made for business purposes, such as from wholesalers like Costco. However, it does apply to all purchases made within the UK, no matter where the retailer is located. That said, enforcing this law can be challenging if the item was purchased from a distant place like Outer Mongolia.

The specifics of the law vary depending on whether you’re acquiring goods, digital content, or services.

1. Goods: Anything you can hold

Goods can range from a T-shirt and a toaster to a truck, whether they are brand new, pre-owned, or purchased online.

For detailed information on your rights when buying goods, refer to the Goods Buying Rights section.

2. Digital content: Data and anything digital

Officially defined as “information generated and provided in digital format,” this category encompasses items like video games, movies, downloaded music, ebooks, and mobile applications.

For comprehensive details on your entitlements related to digital content purchases, refer to the Digital Content Buying Rights section.

3. Services: Anything from dentists to restaurants

Whether you’re addressing dental issues or satisfying your hunger, a service represents an agreement where a business has performed a task on your behalf.

For complete details on your rights regarding service purchases, refer to the Service Buying Rights section.

4. Mixed contracts: A combination of any of the above

When purchasing an item composed of multiple elements, it’s important to focus on the specific rights associated with the defective component.

For instance, if a compact disc (which is a physical product) containing music (a form of digital content) experiences issues, the applicable rights may vary depending on the nature of the problem.

Your rights when buying goods

The legal protection you have here is from Part 1 Chapter 2 of the Consumer Rights Act 2015. This sledgehammer cracks any nut.

Know your ‘SAD FART’ rights when returning goods

This is essential school knowledge—everyone should be aware of their fundamental statutory rights. Understanding these rights enables you to demand fair treatment if the goods you purchase are defective. It’s so important that you should make an effort to remember it. We use the mnemonic “SAD FART” to help recall these rights. When you purchase items, they must…

– Satisfactory quality
– As
– Described

– Fit for purpose
– And last a
– Reasonable length of
– Time

This holds true even when making purchases during a sale or using a discount voucher. Ideally, all customer-facing employees should be educated on these regulations before they start working. However, since this isn’t always the case, we must remain courteous yet persistent when asserting our rights.

Regardless of your purchase, don’t simply mention your rights—state, “according to the Consumer Rights Act 2015.”

This phrase can have a significant impact. If you’re lodging a complaint, especially regarding a costly item, it’s wise to delve deeper into the regulations—refer to the section below for more details.

Understanding each aspect of the SAD FART mantra and its functionality is essential.

Goods must be ‘satisfactory’ and ‘as described’

The latter section of this discussion might seem quite straightforward. For instance, a blue jumper is either blue or it isn’t. However, items like a silk shirt or a cashmere sweater need to be made from those specific materials, and a multi-region DVD player should be capable of playing DVDs from various regions.

It’s not uncommon to purchase products that don’t match their descriptions. Therefore, “as described” is a crucial principle that ensures you receive what you’ve paid for. However, dangerous goods often violate this principle.

Defining “satisfactory quality” can be challenging. According to the law, something is considered “satisfactory” if it meets the expectations of a reasonable person, taking into account all relevant information, including its price and condition. For further details, especially concerning second-hand items, see the information provided later.

But what exactly constitutes “reasonable”? That’s a question lawyers have debated for years, and there isn’t a definitive answer.

In a legal context, particularly when dealing with a dispute involving a store, “reasonable” means that the goods should meet the expectations of an average, rational person. Sounds straightforward, right?

For instance, if you purchased a high-end music player and the sound was barely audible, most people would likely agree that it wasn’t satisfactory. However, consider a scenario where you bought a budget-friendly garden trampoline. While you could bounce on it, it shifted around because it wasn’t securely anchored into the ground. Would this be considered satisfactory?

Ultimately, if you and the store can’t reach an agreement, you might need to take the matter to court for a judge to make a ruling. Ideally, it won’t come to that.

Goods must be ‘fit for purpose’ AND ‘last a reasonable length of time’

This implies that products need to function properly and remain intact beyond just an hour of use. While this may seem like basic common sense, failing to ensure this can leave you vulnerable.

For instance, imagine purchasing new car headlights without verifying their compatibility with your vehicle. If you end up with the wrong ones, they aren’t necessarily defective.

However, if you specifically asked the shopkeeper whether the headlights would be suitable for your car—even if the packaging didn’t provide a clear answer—then they are considered ‘not fit for purpose,’ and you are entitled to a refund.

Something faulty? You can get a full refund within 30 days

This represents a valuable enhancement to our statutory rights. The Consumer Rights Act 2015 revised our entitlement to reject faulty items, establishing a fixed 30-day period (in most instances) during which we can expect a full refund, replacing the previous “reasonable time” standard.

Once this 30-day window has passed, the immediate right to reject the goods is forfeited. Subsequently, your options are more limited, typically allowing for a repair or replacement, or, if those remedies fail, a full or partial refund.

Other key need-to-knows

Second-hand or ‘on sale’ doesn’t mean second-rate

Whether an item is pre-owned or purchased at a discount, your consumer rights remain intact unless the seller disclosed specific issues before the purchase.

The same consumer protection regulations apply to both second-hand items and sale merchandise. These products must meet acceptable quality standards, and if they turn out to be defective, you are entitled to return them.

So, if you buy a used car from a dealership or score a £700 television on sale with a 30% discount and it breaks down after you get home, you have the right to return it and raise a complaint.

It’s worth stressing that the second-hand price will be taken into account. So if you buy a car for a fiver, you wouldn’t expect it to run normally. Second-hand cars are one of the most complained-about issues – see these Citizens Advice and Gov.uk guides for more.

Watch out too if the goods were uber-cheap because of a blindingly obvious flaw. In this case, the shop could refuse to refund you.

The rules change with private sellers

When purchasing second-hand items from a private seller (someone who doesn’t sell goods as part of their business), your consumer protections are far weaker compared to buying from a store.

The only guarantees you have are that the item is accurately described and the seller has the legal right to sell it. Essentially, this situation demands that buyers exercise caution, as it’s a case of “caveat emptor” or “let the buyer beware.”

For instance, Vinted’s refund policy permits returns for items that are ‘significantly not as described’ or those that are lost or damaged during shipping, but does not cover items that simply don’t fit or don’t meet your expectations.

So if a seller provides minimal information about the item and you make a purchase, you essentially accept it as is. Even if the item turns out to be poor quality, you have no recourse unless the seller has misled you.

Make sure you know who’s responsible

When returning items, watch out for stores using an age-old tactic: claiming they’re not liable for defective products and insisting you contact the manufacturer. This is complete nonsense!

If a store tries to brush you off with “contact the maker instead,” they’re in the wrong. It’s the retailer’s responsibility to resolve the issue.

Whether it’s an iPad from a high street shop or a designer dress from a department store, if the item is broken, torn, damaged, or faulty, the seller is legally obligated to address the problem, as your contract is with them.

What proof do you need?

If you encounter defective goods and return them within six months, the responsibility is on the retailer to demonstrate that the items were not defective at the time of purchase. Once this period has passed, however, the obligation to prove the fault shifts to you, requiring you to show that the defect was present when you originally bought the goods.

Additionally, there’s another relevant piece of legislation known as the Limitations Act (or the Prescription and Limitation Act in Scotland) that might provide further assistance in such cases.

You have up to six years after you bought goods to complain. In Scotland, it’s five years after you first realised there was a problem.

This is useful when you purchase items but don’t use them for several months, or if something malfunctions after the six-month period, especially if the defect was likely present from the start. However, the longer it’s been and the less durable the product, the more challenging it becomes to secure a full refund. In such instances, you might need to settle for a partial refund or a credit note.

This is the law BUT in reality shops usually give you more leeway (though this is often suspended in sales)

We’ve all experienced that moment when we purchase an item, only to later realize it’s not quite right or necessary. It’s important to note that retailers are not required to accept returns just because you’ve changed your mind.

However, despite lacking a legal obligation, many businesses still offer refunds even if the product isn’t defective. This is particularly common among high street stores, which often permit returns within a specified period. Here are a few examples:

• John Lewis. If you’re unhappy with a purchase, you have up to 30 days to return it (this is extended further over the Christmas period). There are some exclusions including perishable goods, made-to-order products or opened computer software, which must be faulty or not as described to be refunded or exchanged.
• Waterstones. If you’re unhappy with your purchase you can return it in a resalable condition with proof of purchase within 60 days (or longer during the Christmas period). Gift cards are excluded.

So what about my ‘extra rights’ during sales?

During sales, many stores tend to default to the basic statutory regulations, which might mean you won’t benefit from any additional rights if the item you purchased was discounted.

However, it’s important to remember that you can still exercise your SAD FART rights if the goods are defective. This applies regardless of whether the item was purchased during a sale or not, unless the retailer informed you about the defect prior to purchase and the discount was partly due to this fault. Additionally, online purchases are always covered by the 14-day cooling-off period as stipulated by the Consumer Contracts Regulations, with usual exclusions applying, no matter where or when the purchase was made.

Register new or old appliances for free to be notified of any faults or recalls

Registering your household appliance can be a cost-saving measure, as it often provides access to an extended warranty in case of issues. Additionally, it allows the manufacturer to reach out to you if they detect any faults with your appliance, ensuring you are informed about necessary repairs or recalls.

It’s quick to do this at Register My Appliance – a site set up by UK trade body the Association of the Manufacturers of Domestic Electrical Appliances (AMDEA) and supported by the Government.

You can register both new and used household appliances, including washing machines, dishwashers, cookers, and vacuums, regardless of whether they were purchased second-hand, inherited, or came with your home.

To register, you’ll need to provide the appliance’s model name, serial number, and purchase date (or an approximate date). Many brands permit registration for appliances up to 12 years old. According to AMDEA, about half of consumers have never registered their older appliances, which means they miss out on important notifications about safety repairs or recalls.

The registration scheme includes over 70 brands, featuring major names such as AEG, Bosch, Dyson, Hotpoint, KitchenAid, LG, Samsung, Vax, and Zanussi.

Your rights when buying digital content

The Consumer Rights Act introduced specific new rights to protect you when buying digital content (it’s Part 1, Chapter 3, if you want to look it up).

Before the legislation took effect on October 1, 2015 (and for items purchased prior to that date), there were no distinct rights for digital content. Instead, you had to rely on the rights associated with goods and services, which often didn’t align well with digital products.

Under the current law, digital content is covered comprehensively. This includes not only physical media like Blu-ray discs but also digital downloads. Additionally, the law extends to any updates or modifications to the content for a period of six years from the date of acquisition.

The SAD FART principles—ensuring the content is satisfactory, as described, fit for purpose, and durable—continue to apply to digital content. However, there are some specific nuances when it comes to digital goods.

1. There’s no automatic right to a full refund within 30 days

If the digital content falls short of expectations, you have the option to request a repair or a replacement. Should these remedies fail or prove unfeasible, you can then seek a price reduction.

According to the law, a full refund can be granted “when suitable,” so taking prompt action might result in a complete reimbursement. However, it is more common to receive only a partial refund.

2. Compensation is available if the content damages your device

If you can demonstrate that defective digital content has harmed your device or other digital assets, you are entitled to either compensation for the damage or repair of the affected item.

For instance, if a music track you downloaded caused your device to malfunction, or if an app update deleted your movie files from your phone, you may be eligible for compensation or repair. Any necessary repairs should be completed within a reasonable timeframe, and compensation must be provided within 14 days.

3. It doesn’t cover free content, unless you paid for something else to get it

To be entitled to use these rights, you must have made a payment for the content, whether through cash, a gift voucher, a token, or virtual currency within a game. This also applies to instances where you purchase something that provides free digital content, such as software for a computer.

If the content was obtained for free and it causes harm to your device, the Consumer Rights Act won’t apply. However, you may still seek compensation through alternative methods. Start by filing a complaint with the retailer, and if necessary, you may need to take the issue to court.

Your rights when buying services

In today’s fiercely competitive environment, exceptional service is the bare minimum one should anticipate, be it from a store, eatery, financial institution, insurance provider, transportation service, or healthcare facility.

Nevertheless, issues can still arise. When they do, you have strong safeguards under Part 1, Chapter 4 of the Consumer Rights Act 2015.

This legislation straightforwardly requires that all services must be delivered with…

Reasonable care and skill, 
Within a reasonable time,
At a reasonable price.

What counts as ‘reasonable’?

In legal situations, particularly when dealing with disputes about service quality with retailers or companies, the term “reasonable” implies that the service provided must meet a standard that any typical, rational individual would deem fair and acceptable.

To better understand this, picture what an impartial and sensible friend, who knows both you and the service provider, might say—would they find the service reasonable?

However, applying this concept can sometimes be tricky. For instance, if you purchase a mobile phone in Scotland with the understanding that you’ll use it there, but it only works in Wales, this would clearly be deemed unreasonable. On the other hand, if the phone only fails to work in your own home, is that still considered reasonable?

So, what exactly do the rules of ‘reasonableness’ entail?

• Care and skill. This implies that a business has a responsibility to take good care of both you and your property, as its role as a business indicates its ability to do so effectively.For instance, you would expect a hairdresser to avoid damaging your hair and a builder to remember to lay proper foundations.
• Reasonable time. If the duration required to finish a task is uncertain, it should be addressed promptly rather than extending over an extended period.When you have a specific deadline, such as needing a wedding cake ready for your special occasion, you can stipulate in your contract that “time is of the essence.” This clause enhances your rights and provides stronger recourse if issues arise.
• Reasonable price. This article discusses the cost of additional work that wasn’t previously agreed upon, rather than the total cost of the service.For instance, if you receive an estimate of £200 to repair your boiler and, after the work is completed, you’re billed £2,000 due to unforeseen issues, the service provider must demonstrate that this higher charge is justified. Typically, this involves showing what other plumbers would charge for similar work.

It’s important to remember that you can’t demand rights if you’re being unreasonable. For instance, if you agree to a price and timeline at the beginning of a new conservatory project, you can’t later make significant changes to your order. However, if there are additional charges or delays beyond what was initially agreed upon, adjustments can be made.

Buying online, via mail order or from home

In addition to the various safeguards previously mentioned, purchasing online, through mail order, or from the comfort of your own home offers significant benefits. Under the Consumer Contracts Regulations 2013, you generally have the right to cancel your purchase and receive a refund, even if you simply decide you no longer want the item.

When do I have the right to cancel?

The Consumer Contracts Regulations cover agreements for goods or services, including digital content, purchased from EU-based businesses through mail order, phone, or online, regardless of the amount spent. Additionally, if you make a purchase exceeding £42 from a seller outside their usual business location—such as from your home or workplace—you are also protected under these regulations.

I got a present from someone who bought it online. Can I return it?

It’s important to note that these rights are exclusive to the individual who originally purchased the item. Consequently, returning a gift can be more complicated, as the store might require the original buyer to handle the return.

How long do I have to cancel?

Here it depends what you’re buying:

• Goods: 14 calendar days from the day after you receive all goods in an order (unless it’s for regular delivery such as a magazine subscription, when the first delivery counts). Once you’ve cancelled an order you then have a further 14 days to send the goods back.
• Services and digital content: 14 days from the day after the order is made. If you want to start a service within the 14 days, you will usually be asked to give your agreement in writing. This then means you can’t cancel. However you are able to get a refund minus the proportionate cost of anything you have used.

If you aren’t told about your cancellation rights in writing, you have up to a year and 14 days to cancel the contract.

Other key questions:

Q – What ISN’T covered?

A – There are quite a few exceptions, but they are usually in niche areas:

• Fresh food and flowers
• Personalised or perishable goods
• Accommodation/transport/leisure services purchased for a particular timeframe
• Newspapers and magazines (unless they are part of a subscription)
• Sealed audio, video or computer software that has been opened
• Buying or building property or paying rent
• Medical products and services
• Hiring a taxi, boat or plane
• Goods that fluctuate in price (such as foreign exchange)
• Emergency repairs and maintenance
• Financial products, package holidays or timeshares (although these have different rights, see below)
• If you have examined the goods in a shop then ordered from the same retailer online and this inspection was specifically noted as part of the purchase contract
• If you reserve items online but pay for them in store
• If you buy something at an auction

Q – How do I cancel a contract?

A – The business will provide you with a cancellation form, which they are required to acknowledge upon receipt. You can use this form if you prefer, or alternatively, you may write directly to the seller. Some businesses might also accept cancellation requests made over the phone.

The countdown for your cancellation period begins on the day you send the cancellation form, letter, email, or fax, not when the seller receives it. It is essential to obtain confirmation from the company to prove that you canceled within the allotted time.

After you have canceled, make sure to handle all items with care, as you need to return them in a reasonably good condition (though they do not need to be in the original packaging) within 14 days. If any items are damaged, the seller may deduct the appropriate cost from your refund.

Q – How do I get a refund – and who pays for delivery?

A – The seller is required to refund any cash within 14 days of either receiving the returned items or being notified of your intention to cancel a service or digital contract.

Your refund should encompass the cost of the least expensive delivery method. However, if you opted for a more costly delivery option, you will need to cover the additional expense yourself. It’s advisable to explicitly request that delivery costs be included in the refund, as some retailers may not automatically factor this in.

Typically, you will be responsible for covering the cost of returning the items, unless the seller’s terms and conditions specify otherwise, or if the items were defective.

Q – What about ‘click and collect’?

A – When you make an online payment and later collect your items from a store or outlet, your rights remain unchanged. Be sure to inspect the goods at the time of collection; otherwise, if you simply pick them up and depart, it might be interpreted as accepting them in their current condition. Additionally, it’s a good idea to request a gift receipt when placing your order.

Q – Do I have to send it back in its original packaging?

A – Whether it was justifiable for you to open the packaging can affect your situation.

For instance, if you’re returning a toy because it arrived in the wrong color, it would be considered reasonable to open the parcel and remove it from the bubble wrap. However, it would not be considered reasonable to take the toy out of its sealed clear plastic bag, as you could have determined the color issue without unsealing it.

The seller might reduce your refund if they believe you opened parts of the package that were unnecessary, as they could argue that this has diminished its value.

Q – What about specific deliveries?

A – If you or the seller set a specific delivery date—such as for a birthday or Christmas—and the order didn’t arrive as promised, you are entitled to a full refund. However, if no delivery date was agreed upon, the item should be delivered within 30 days.

Q – What if I’m buying on eBay? Or Vinted?

A – When considering making a purchase on eBay, it’s important to distinguish between buying from business sellers versus private individuals.

The primary difference to note is that items bought from business sellers come with the same protections as those from a retail store, including statutory rights and cooling-off periods. In contrast, purchases from private sellers are considered second-hand, and thus do not offer the same protections. For additional details, refer to the eBay guide on buying second-hand items.

Similarly, Vinted exclusively features private sellers, so the same second-hand regulations apply there as well.

Q – What if I’m taking out a financial agreement?

A – Since 2011, the Consumer Credit Act has provided a 14-day period for canceling credit agreements, including loans, credit cards, and store cards. This period starts from the moment you receive the signed agreement or are informed of your credit limit on a credit card.

Should you decide to cancel, you’ll be required to repay any borrowed funds and return or arrange alternative payment for any associated items, such as a cooker bought with a store loan.

Q – How does this apply to package holidays and timeshares?

A – You don’t have the right to cancel a package holiday unless the operator has made a significant alteration to your trip. Review your terms and conditions, as you could forfeit any deposit you’ve already paid.

A package holiday is a trip organized at a fixed price that includes at least two of the following components: transport, accommodation, excursions, or car hire (refer to the Cheap package holidays guide for more details).

Most timeshares, however, give 14 days to change your mind due to the Timeshare Regulations. See the Government legislation website for information on timeshare and your right to cancel.

How to make ’em pay up

While legal protections are robust, they mean little if sellers choose not to comply. Navigating consumer law can be challenging, often requiring you to address issues independently.

It’s best to avoid a confrontational approach unless absolutely necessary. Start by revisiting the store or contacting the call center to explain the issue and propose a resolution.

If you approach the situation confidently, asserting your rights, the store is likely to resolve the issue promptly.

Unfortunately, many store employees might be unfamiliar with consumer rights, so you may face resistance. Remain composed, and if needed, provide them with relevant legal information—politely request to speak with a supervisor.

Before taking further steps, be sure to follow these guidelines…

The complaint checklist:

– Know what outcome you want

When expressing a complaint, maintain your composure. Staying cool, calm, and rational will increase your chances of achieving a favorable outcome compared to losing your temper. If you throw a fit, the company might prefer to lose your business rather than deal with your outburst.

Before you begin, consider the answers to these three questions:

Do you want to exchange the goods/keep the digital content/continue the service? Would you be satisfied if you could have the products repaired, the digital content swapped out, or the service enhanced? If your answer is affirmative, things will be simpler for you.

Do you want a full refund? Although you might prefer a complete refund, you aren’t necessarily entitled to one if the issue can be resolved. However, there are times when it might be simpler for them to provide a refund rather than address the problem.

Do you want compensation and, if so, what kind? Are you seeking compensation beyond merely repairing or replacing a product for the time and inconvenience you’ve experienced? While it is possible to receive such compensation, it can add layers of complexity to the situation. It’s important to remain reasonable and ensure that you truly believe you have been unjustly affected.

– Act as soon as possible

To sum it up, if you return an item within 30 days, you’re typically entitled to a full refund. Miss this window, and your options for a refund diminish.

So, the most straightforward approach is…

Complain the instant you realise there’s a problem. The longer it’s left, the more likely you’ll lose your rights.

The more time has passed and the more fragile the item, the more challenging it becomes to secure a full refund. However, regardless of your request, the retailer is obligated to address it within a ‘reasonable’ timeframe. For instance, while a two-week period to repair a car brake issue is deemed reasonable, a two-week delay for a car cleaning service is not.

What if you’ve taken longer to return the goods?

If you exceed a 30-day period for returning an item, you’ll need to decide whether you want a repair or a replacement. However, the retailer has the right to refuse either option if a repair is unfeasible or if the cost of replacing the item far exceeds that of repairing it.

Should the item continue to be problematic after a single repair or replacement attempt, or if the repair or replacement cannot be performed in a reasonable time frame, you have the right to request a refund. Within the first six months, this refund could be for the full purchase price; beyond that period, it is likely to be a partial refund.

– Stop using it as soon as you can

This can be challenging, particularly with things like your vehicle or financial institution. The more you avoid using something out of frustration, the more significant your grievance can become.

However, exercise caution regarding payments. If you haven’t settled the amount in full, cancelling the payment might lead the company to keep pursuing you for the outstanding balance, potentially impacting your credit score.

– Keep a diary

Record the details of what went wrong, including who you communicated with and when, as well as any agreements reached, if applicable. This is particularly crucial if your initial agreement was made verbally, as it will be more challenging to substantiate your complaint.

– Collect evidence

Save photos and other supporting materials to strengthen your case, such as receipts or terms and conditions. While receipts are not always mandatory (though most stores provide them), having proof of purchase—such as a check stub, bank statement, or credit card statement—is generally necessary. Avoid sending original documents to sellers, as you’ll need to keep a backup.

– Keep a log of any extra costs

Keep a record of any extra expenses you’ve incurred, like phone calls or the cost of replacing damaged items, so you can request reimbursement. Be sure to ask for compensation for these additional costs. For vacations or recreational activities, you might also be eligible for extra compensation for any inconvenience or distress caused.

– If you’re forced to pay, do it ‘under protest’

If a seller is pressuring you to pay for something you’re unwilling to cover, you have two choices. You can either refuse to pay and propose that they take legal action for the remaining amount or, if they are holding onto an item of yours—like a computer being repaired—you might opt to pay “under protest.” This approach could strengthen your position if you decide to pursue legal action over the issue.

Still not happy?

If you’ve adhered to all the advice provided in this guide, things should ideally be sorted out. However, if your complaint to the seller has been ignored, there are additional measures you can pursue. Check out the “How to Complain” guide to determine the most suitable approach for you, or refer to the “Small Claims Court” guide for information on pursuing legal action for amounts up to £10,000.

Consumer rights Q&A

Here’s some help with a few of the most common questions.

Q – What does “this does not affect your statutory rights” mean?

A – The sign is ubiquitous, but a lot of customers and employees remain unclear about its meaning. It’s important for every consumer to be familiar with their fundamental rights. The crucial part is recognizing that there are two primary elements involved.

Shops’ own returns policy

When you purchase an item from a store, you generally do not have a legal right to return it unless it is defective. However, to maintain customer satisfaction and uphold their reputation, many stores offer return policies that permit returns. Once these policies are communicated, they become a contractual part of your purchase, making the store obligated to adhere to them.

Your statutory rights

When products are defective, many employees mistakenly believe that their store’s return policies take precedence, but legal regulations hold greater authority than any store guidelines. According to the Consumer Rights Act, you are legally entitled to a refund if you return faulty items within a reasonable timeframe.

Q – If I’ve bought something, can I change my mind?

A – We’ve all experienced the situation where we purchase an item, only to realize later that it’s either not right for us or unnecessary. However, stores are not required to accept returns simply because you’ve reconsidered, unless the item is defective.

There are exceptions to this rule for online purchases, mail orders, or financial agreements, where you frequently have the right to cancel your order.

Even when you’re not legally entitled to a refund, many businesses still offer them. This is particularly common with high street retailers that have return policies allowing you to return items within a specific period. However, it’s less likely that you’ll be able to change your mind on service contracts once they’ve started.

These generous return policies have led many customers to expect refunds as a given, even though it’s not always guaranteed.

Nonetheless, it doesn’t hurt to ask. Many stores prefer to keep their customers satisfied rather than strictly adhere to policies. They view every customer as a potential repeat buyer or user of their services.

Q – If I pay in Scottish notes, do they have to take it?

A – Scottish banknotes are not considered legal tender, even within Scotland itself. To add to the confusion, Scotland doesn’t actually have any legal tender notes. Instead, Bank of England notes hold legal tender status exclusively in England and Wales.

However, this doesn’t imply that Scottish banknotes are unusable for transactions. They are recognized as legal currency by the UK Parliament and are valid for transactions throughout the UK. That said, in theory, a shop could choose to refuse any banknote, whether Scottish or English, and decline to complete the sale.

Legal tender technically just means that by law it cannot be refused as a settlement of debt, so a store can accept any currency it likes – such as euros – if it decided to. See the Bank of England for more details.

Q – If goods are mispriced – can I force them to sell it me at that price?

A – Unfortunately, that’s just an urban legend. Stores aren’t obligated to sell anything to you if they choose not to, no matter the price. However, intentionally deceiving you is illegal.

• Let’s examine a real example of an error: a £50 jacket mixed in with a collection of coats priced at £500 each. In this case, you must acknowledge the store’s mistake. Even if they take your money and later claim the price was incorrect, it’s irrelevant—the transaction is complete, and the jacket is yours.
• If the store deliberately misled customers—such as by advertising a promotion with extremely low prices that never materialized, or by reinstating items on the shelf at the same price after a complaint—it could be considered a criminal offense. In such cases, Trading Standards officers may deploy their team to conduct an investigation.
• Online is where things get slightly more tricky – your rights are the same, but when the retailer’s deemed to have “accepted” your order is much less clear-cut. There’s no overarching rule and it’s a point which hasn’t yet been fully settled in law.
• It’s not just when you provide your card information that issues might arise. Sometimes, problems can occur when you receive a confirmation email. Certain retailers may retain the right to cancel your order up until the delivery stage, and others might have specific clauses in their terms and conditions addressing pricing errors. These clauses can state that they aren’t obligated to honor prices that were incorrectly listed. Therefore, it’s crucial to review the terms and conditions to understand when the contract becomes legally binding.

If you come across an item that’s incorrectly priced, don’t hesitate to negotiate. While it’s not guaranteed, the store might offer you the item at the reduced price as a sign of goodwill.

Q – Do I have rights if a freebie was faulty?

A – Navigating consumer rights in this situation can be quite complex. When something is given away for free, there technically isn’t a contract with the provider, meaning you’re generally not entitled to repair a defective item.

However, the scenario changes if the free item was given as part of a purchase deal – for example, receiving a laptop as a bonus when signing up for a mobile contract. In this case, you have the same rights as if you had paid for the item. Most sellers are aware of this, but if you encounter resistance, don’t hesitate to assert your rights.

Q – Can I return goods that are a gift?

A – At first glance, the answer seems to be no because you don’t have a direct contract with the seller—it’s the individual who paid for the item who holds the contract and is responsible for addressing any issues.

However, there are ways to address problems with faulty items. One option is using a gift receipt. If the store doesn’t provide one, another approach is for the buyer to inform the seller that they are transferring their contractual rights by “conferring the benefit of the contract,” as outlined in the Contracts (Rights of Third Parties) Act 1999.

In simple terms, you should make it explicit – preferably in writing – that you’re purchasing an item for another person. You can do this by mentioning their name or specifying their relationship to you, such as indicating that the gift is for a family member. For example, you might ask the store to note on the receipt, “This is a gift for Susanne,” at the time of purchase. This additional detail then becomes a part of your agreement with the store.

As a result, if the gift turns out to be defective, you, as the person who received the gift (with the gift receipt), should be able to return it for a refund. However, the store might require that any refund be issued to the original payment card used for the purchase.

However if the gift was bought online and you simply don’t want it, rights under the Consumer Contracts Regulations only apply to the original purchaser, so the store may insist that they be the one who return it.

Stores frequently go beyond their basic obligations, much like they do with other rights. However, it’s always a good idea to remind them if you’re purchasing a costly gift for someone, just to ensure it’s acknowledged as such.

Q – Do I have to accept a credit note if a shop offers it?

A – If you’re returning items that aren’t defective, your ability to exchange them depends on the store’s policy, as you have no legal entitlement to return non-defective goods. If the store issues you a credit note, be mindful of any restrictions on its usage.

However, if the items are faulty (meaning they violate the SAD FART rules), your statutory rights take precedence over the store’s policies. As long as you return the goods promptly (refer to the Act for specifics), you are entitled to a full refund.

Q – Can a company ever say my rights don’t apply?

A – Your legal consumer rights remain in effect regardless. While a business may offer additional rights or benefits, these must not undermine your statutory entitlements.

However, some businesses attempt to negate your statutory rights by including certain clauses in their contracts, such as statements like “No refunds provided,” “Not liable for injuries,” or “Not responsible for unattended property.” These are known as exclusion clauses.

When such exclusions are present, your contract should explicitly state, “This does not affect your statutory rights,” to clarify that statutory rights take precedence over contractual terms.

Companies may include these terms in their contracts, hoping that consumers will be deterred from pursuing claims due to a lack of awareness or disinterest. Nevertheless, these exclusion clauses are frequently unenforceable, and you retain the right to file a complaint.

Although it might seem fair to expect consumers to bear the responsibility for loss or damage, and this is often the case, service providers also have a duty to exercise reasonable care for your belongings. For instance, while they wouldn’t be liable if a passerby stole your bag when it was left unattended, they would be held accountable if the bag was securely stored in a place accessible only to their staff.

Generally, you will need to follow the procedures outlined in this guide to address the issue. However, it’s wise to report any suspected problems to your local Trading Standards office, as attempting to exclude certain liabilities might also constitute a criminal offense. For detailed assistance, refer to our guide on how to complain.

Q – Are terms allowed to be unfair?

A – The specific clauses in your contract should not provide undue benefit to the seller at the expense of the consumer. If they do, they may be deemed unfair according to Part 2 of the Consumer Rights Act 2015.

A prime example of the problem with unfair contract terms is the Bank Charges Campaign. This significant legal dispute was fought through the UK courts to assess whether it was justifiable for banks to impose charges as high as £39 on customers for exceeding their overdraft limits.

The case relied on an earlier iteration of the law, specifically the Unfair Terms in Consumer Contracts Regulations 1999, which bore close resemblance to the current regulations. Despite the fact that this test case did not succeed, it underscores an important principle: you have the right to contest any term you believe to be unfair.

We’re not suggesting that this process is straightforward—indeed, it can be quite challenging. However, understanding your rights and signaling your intention to take action can often lead to a resolution of the issue.

There’s no hard and fast rule on what is unfair, yet some examples of unfair contract terms include:

We accept no responsibility for faults discovered after purchase.

Non-delivery does not give the consumer the right to cancel the contract.

The company may, at any time, vary or add to the contract as it deems necessary.

If you believe that a clause in your contract is unjust, you should bring it to the retailer’s attention and request its removal or seek compensation if it creates an imbalance. If the supplier refuses, resolving the issue may require taking legal action in County Court, as only the courts can determine if a term is unreasonable or unfair.

Additionally, The Consumer Protection from Unfair Trading Regulations stipulates that businesses must not deceive consumers or engage in aggressive marketing practices, such as high-pressure sales tactics.

Read more in the How to complain guide and if you think you have been treated unfairly, contact Citizens Advice to discuss your individual case.

Q – Do I have the same rights with financial companies?

A – No, your purchasing methods may differ, but you likely enjoy greater protections. Under banking regulations, you have the right to be “treated fairly,” and this can be reviewed by the Financial Ombudsman Service, which is available at no cost.

If your problem is with a financial company, read the Your financial rights guide or one of these specific guides: PPI reclaiming or Council tax rebanding.

If you think you have been treated badly by a financial company, write to complain.