Black Friday and Cyber Monday – The ultimate guide to your rights
20/11/2018 The ultimate guide to Black Friday and Cyber Monday shopping.
As Black Friday looms, our resident consumer rights experts set out your Black Friday and Cyber Monday rights!
Where do my basic shopping rights come from?
- The Consumer Rights Act (which came in to play on 01 October 2015) gives you the bulk of your shopping rights. For items bought prior to the act, it’s the Sale of Goods Act (1979)
- The act covers goods and services (including digital goods) and whether they are ‘satisfactory quality, as described or fit for purpose’. If the goods you buy don’t fit in to these categories you can seek a refund, replacement or repair depending on when things go wrong.
What are my rights if I want to return a purchase but there’s nothing wrong with it?
- The good news is if the item was bought online or on the phone then you have 14 days to return it under the Consumer Contract Regulations 2013. In-store is different though and will depend on the shop’s policy.
When do I get the money?
- 14 is a useful number to remember. The retailer has 14 days to refund you from the point they receive the goods (or when you tell them if the goods are digital). That includes delivery costs for returning the item (but they only have to pay the cheapest option available, so you might end up covering the difference). What if I bought the item instore?
- These rules don’t extend to items bought in store, though you have a number of rights for faulty or misrepresented items. Some stores do allow you to return items with gift receipts. A gift receipt is basically an additional receipt provided by the retailer with the price not included, so you can return and exchange items. You don’t need to be the gift-giver to redeem a gift receipt, but the retailer can set the terms if the item isn’t faulty. Shops can ask you to produce a receipt so hold on to it. The jury is out on whether a photo of a receipt counts, so speak to the store before you go in to avoid an argument over the tills.
What if the goods are faulty?
- You’ve got lots of rights when it comes to goods or services that don’t work. However, there are certain time limits you need to bear in mind.
- The rules (in this case, the Consumer Rights Act 2015) say that you have 30 days from the date the goods were purchased to return the item if it’s wonky or isn’t as it was described.
- You’re entitled to a full refund if the goods are returned within 30 days. Bear in mind it will go in to the account of the person returning it, so if the goods were purchased online, the person who bought the gift will need to organise the refund.
What if it’s over the 30 days?
- If goods are faulty you have up to six months to return the items – and the burden of proof is on the retailer to prove the item wasn’t wonky or refund you. They are allowed to have one crack at a repair or replacing the item, but after that, you can ask for a refund.
- Even over the six months, all is not lost, though you’ll need to prove why you didn’t realise the item was damaged or that the problem isn’t just down to wear and tear. Be prepared to compromise though. You could be looking at a repair or a replacement – and if the product has been upgraded since, you aren’t entitled to the upgraded version. What about individual stores and their returns policies?
- A retailer can’t ignore the law, but many of them offer better returns policies as part of their deal to keep you as a loyal customer. It can be really confusing keeping on top of the different dates though, so keep an eye out for Resolver’s returns calendar so you don’t miss a date – we’re working on the new one now!
What if the provider of goods or services says the item isn’t faulty?
- The key thing here is whether the goods are ‘satisfactory quality’, ‘fit for purpose’ or ‘as described’. The latter option is pretty straightforward. Compare the item’s description with what you’ve got and if it’s misleading (not as described), make a complaint.
- ‘Fit for purpose’ is important to remember because you might not realise an item isn’t doing what it’s supposed to be doing until you’ve started using it – which might be some time after it was purchased. So if you’ve ordered blackout curtains that don’t actually black out the light, then you can argue they’re not fit for purpose.
- ‘Satisfactory quality’ is pretty subjective. To give you an example, if you go to a restaurant and don’t like your food after eating it all you’re not going to get very far. But if you’d asked in advance for a vegetarian option but one isn’t provided when you arrive, they you clearly haven’t been given what you wanted.
- So a good starting point is asking ‘does it do what it says on the tin?’ If not, take the time to explain why you haven’t got what you thought you were getting.
Dodgy deliveries and knowing your rights
Ok, there’s no more denying it, Christmas is on the horizon. As shoppers shun the high street and splurge online, it’s gearing up to be the busiest season for package deliveries ever.
Complaints about delivery services have been increasing for some time now – and the rises are bonkers. Last year, we received an astonishing 11,382 complaints about delivery companies – up 181%.
Now, it goes without saying that every time we write about parcel delivery, it really touches a nerve. People are literally seething about some of the crazier scenarios. Everyone has a story – from delivery companies that don’t attempt to deliver to items left in bins or chucked over fences.
When you enter in to an agreement with a retailer, your contract is with them, not with any third party they use. So if items you order are not delivered, are damaged or faulty, are delivered or left in an unauthorised place or another delivery-related problem occurs, it is the responsibility of the retailer to sort out the problem.
Of course, this doesn’t let the delivery company off the hook. Loads of the complaints we see revolve around how hard it is to actually contact them to arrange a collection or redelivery. A lack of phone numbers, direct email addresses and complicated websites drive many people to distraction. Annoyingly, the person who posts the item is usually the person who needs to chase the goods if there’s a problem. This can be particularly pronounced if you order goods online from abroad. Earlier this year, I watched as some books I’d ordered from a UK phone were dispatched to me from Germany, failed to be delivered and were returned back to Germany. Three times. The postage problems must have cost the retailer three times more than the books themselves.
However, as a general rule if there’s a dispute over delivery the retailer should be able to pin down where the driver was around the time of the delivery, who signed for the item, or where it was left. Remember the onus is on them to prove that you received the item, not the other way around. You’re entitled to ask for proof of delivery if you’re being charged for an item you haven’t received.
You are entitled to expect your goods to be delivered on the agreed date that you were given when your order was placed. If no date was given or agreed, the trader must get your purchases to you within 30 days of the order being placed. If this does not happen, you are entitled to a full refund. This is stated in the Consumer Contracts Regulations 2013 (formerly the Distance Selling Regulations applied) if you fancy getting all factual with a stubborn seller! If you paid a supplement for a specified time or date of delivery, it is reasonable to ask for this back.
These rules just cover the basic rights, not the full range of scenarios that might occur. So – for example - though there isn’t a specific rule that covers goods left with a neighbour without permission, the rules do cover the ‘delivery’. So if you’ve not received the goods directly or given instructions for them to be delivered elsewhere, you can pursue a complaint.
Back at the depo:
- Delivery men and women often have ludicrous targets for delivery, which puts them under a great deal of pressure to get the items out to customers asap. We understand the money is rubbish too. This approach to business is why so many issues arise. Better working conditions and attainable targets would vastly improve the industry.
- Recent reports have suggested that some delivery companies fine their drivers for being off sick and not being able to find cover.
- It’s easy to blame delivery drivers for rubbish service, but if this is how they’re treated, it’s not surprising standards are so low. Behind all the bad service are people paying for the harshness of the gig economy.
- I think that better treatment of overstretched delivery drivers leads to better treatment – so it’s time for tougher rules and an ombudsman for the industry.
If you've got any shopping complaints that are weighing on your mind, you can start a free complaint via Resolver by using the search box below!