As a commercial litigator, the majority of things that come across my desk are of a less kind nature (especially from opposing solicitors).
However, on the rare occasion we sometimes receive a festive present from a long-standing client or if a matter goes well, a happy client.
Over the Christmas period, this did get me thinking about what exactly your rights are when you need to return something unwanted (hopefully not a Christmas hamper) or something faulty (again hopefully not a hamper filled with mouldy cheese!).
The Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013
As far as the law is concerned, the Consumer Rights Act 2015 (“CRA 2015”) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCR 2013”) are your go-to pieces of legislation concerning the return of unwanted or faulty goods bought online or from a store.
According to the Office of National Statistics, online sales accounted for 27.1% of all retail sales for December 2023, so it seems a good area to focus on.
Online returns timelines
When purchasing tangible goods online, over the phone or by mail order, Clause 30(3) of the CCR 2013 stipulates the cancellation period. The cancellation period ends 14 days after the day on which the goods come into the physical possession of the consumer (or person other than the carrier, identified by the consumer to take possession of them).
The consumer then has another 14 days from the date they notified the retailer that they would like to cancel their order, to return the goods. They do not have to provide a reason.
https://www.legislation.gov.uk/uksi/2013/3134/regulation/30
Returning faulty goods bought online
For faulty goods, section 22 of the CRA 2015 establishes the minimum time limit of 30 days for the short term right to reject and get your money back.
The 30-day period begins the day after the latest of the following:
- The consumer obtains ownership of the goods (i.e. the consumer buys the goods) or, for hire, hire-purchase or conditional sales, obtains possession.
- The goods have been delivered.
- If applicable, the trader has notified the consumer that any actions required before the goods may be used (including installation, if needed) have been completed by the trader.
This applies regardless of any attempt to negate this by the seller’s policies.
https://www.legislation.gov.uk/ukpga/2015/15/section/22
Beware, if you are outside of the 30-day period but find a fault within the first 6 months since your purchase, you will need to give the retailer a chance to make a repair or replacement. If unsuccessful, only then can you request a refund.
Outside of the 6-month period, your rights are not as strong and most importantly, the burden switches to you to prove the fault in question was there at the time of purchase (no mean feat).
Brexit and purchases from the EU
Following our departure from the, the majority of EU directives have been incorporated into UK law, so your rights are unchanged. However, with our departure, enforcing your rights will likely be a lot tougher. Pre-Brexit, if a UK consumer bought an item from an EU-based trader and it did not arrive or there was a problem, the UK consumer could use UK law and the UK courts for redress, and judgment was recognised in the EU member state in question. However, post-Brexit this may no longer always be the case and government advice is that you should contact the UK International Consumer Centre for help with any issues relating to goods purchased from a seller in the EU (fun fun).
Consumer Rights Solicitors London and Guildford
Should you encounter any challenges or uncertainties, do not hesitate to contact our specialist Consumer Rights Solicitors, based in London and Guildford, for legal guidance and support.
Call us on 01483 451 900 or 020 7421 9421, email us at sols@gordonsols.co.uk or make an online enquiry, and we will call you.
About the Author
Niall Mullins
Senior Associate
- Tel: 020 7421 9421
- Email: niall@gordonsols.co.uk