Martin Lewis outlines shopping rules over when you can and cannot return items

Consumer champion Martin Lewis has explained your rights if you want to return an item you bought online or in a store.

In the latest episode of his podcast, the Money Saving Expert founder highlighted how there is a big difference between returning items you’ve purchased in-store and online. And the reason you want to return an item may significantly affect the outcome of any dispute raised with the place of purchase, reports the Manchester Evening News.

Here is a round-up of the rules. The following details include information about what to do if an item is faulty and if a retailer can say ‘no’ to online returns.

Returning items you bought in-store

Martin said: “If you buy items in store, you have absolutely no right of return whatsoever. It’s a common confusion, it does not exist – you have no legal right to return items unless they’re faulty.

“So what we’re talking here is change of mind, can you change your mind, take something back, get the money back? Maybe you’ve seen it somewhere cheaper.

“Legally not allowed, you can’t do it. The only exception to that is if the store has a published returns policy that allows you to do so, then that would have become part of your contract when you bought so then through contract law you could. But the big consumer rights, your statutory rights – no you can only take back shop-bought goods if they’re faulty.”

If an item is faulty

Martin has previously highlighted how to determine if an item is faulty through his ‘sad farts’ mnemonic: Satisfactory quality As Described Fit for purpose and last aReasonable length of Time.

If the item doesn’t match this criteria and is thus faulty, Martin advises: “Take them back within a month you get a full refund. After a month, well it’s repair, partial refund or replacement that you tend to be looking at. How you prove it’s faulty is a trickier measure.”

Returning items bought online

Martin tackled a number of commonly asked questions when it comes to returning items bought online. This includes a retailer’s right to say ‘no’ and where you stand if you want to return a piece of clothing for being the wrong size.

Can a retailer say ‘no’ to online returns?

Martin said: “Can they say no to online returns? – no they cannot, absolutely not. Under the consumer contract regulations 2013 that overtook the distant selling regulations, if you buy an item online you have an absolute right to change your mind and to send it back unless it is personalised or perishable – so short-lived fruit or flowers you can’t send back. But the vast majority of things, you have an absolute right to send things back.

“You have up to 14 days to notify them you’re sending things back and up to 14 days after you’ve notified them to actually send it back, so a maximum 28 days, although it isn’t actually 28 days because let’s say you notify them after 2 days you only still have 14 days after that point in which to send it back.

“So think carefully when you notify them, when you’re actually going to send it back to make sure you have enough time. But the clear rule, they cannot say ‘no’ to allowing you to return items bought online.”

Can the retailer make customers pay for returns?

Martin added: “Can they make the customer pay for returns? Yes they can.

“So what the law states, is when you buy an item online and you return it under the consumer contract regulations, it is different if items are faulty because then it becomes under the consumer rights act for faulty goods…then they have to give you back the money you paid for the item, obviously.

“They have to give you back the minimum cost of delivery to you. So just to explain that, let’s say the delivery cost was £2 but you paid an extra £3 to get it more quickly, you would only get the £2 back because it’s the minimum cost of delivery.

“So if it was free delivery they were offering but you paid extra to speed it up you wouldn’t get any cost of delivery to you back. But stores can say, if you’re buying online, you the customer has to pay to return the items.”

Martin highlighted that some firms may get frustrated with people returning items that they’ve purchased online to just try it on, or wear it once, then return it for free. He stressed that it is “absolutely legal” for firms to charge for returning items.

Can customers be banned by a retailer for too many returns?

Martin continued: “Can they ban customers for doing too many returns? Yes, as long as you are not discriminating against a protected characteristic…then it is perfectly legitimate for a firm to say ‘we don’t want to serve you as customer’ and that if the reasons they’re doing that is because you’ve done too many returns, then as far as I’m aware…I don’t believe there is a rule that stops them banning you.”

However, he noted that the “law is only the law until someone tests it” and there could be a possible scenario where a customer challenges the decision in court and a judge agrees with them. He added: “But as far as I’m aware at the moment they can ban customers from doing too many returns.”

Returning an item of clothing if it’s the wrong size

Martin highlighted that the question of returning a clothing of item for being the wrong size is often due to the item not being as described, and thus faulty. He added: ” “The crucial bit here is ‘as described’ and I think where you get into a fine point, is let’s imagine you buy an item of clothing that’s described as ‘size large’, you get it home, it’s sort of is a size large but it’s not quite right for you, it’s either a little too big or too small or it goes in too much at the waist…

“Whatever it is then I think, no that would not count as faulty which is why when you buy stuff in-store, when you don’t have a right to return, you should always try it on or at least check the returns policy as you may be shocked they don’t allow you to put it back afterwards.”

Despite this, Martin did point out a particularly unique situation in which you could argue a piece of clothing’s size is not accurate. He continued: “However if you were to buy an item that was labelled large and it’s pretty clearly a medium or a small and there’s absolutely no way that would be a large item or equally it’s an extra large or an XXL then I think you would potentially have an argument that it wasn’t as described.

“It would be quite a tough one to prove because of course what is a small, medium, or large? There is no actual definition, it would be based on what is seen as traditional or custom…of course it varies in different countries, so if you were buying a large from Japan, it may not well be the same size as a large from the United States because people sizes are different.

“But there is certainly a potential argument that if clothes are effectively mislabelled by size…in that case you could argue it was faulty, it’s a tough one but if you are in that position, well I would probably get in touch with Citizens Advice consumer helpline which is the first place you go when you have a consumer rights dispute.”