Returning something to a store? Here’s a great way to learn how

POP! The telly goes kaput. You take it back to the store, but it says “get lost, you need to send it to the manufacturer”.

What do you do? Time for my Consumer Boot Camp.

Far too few people have a clue about what their rights are, so stores trample on us and fob us off with cheap excuses. With Christmas now nine weeks past, and more than just the sheen failing on many gifts, it’s time to tool up your knowledge.

Start by being a Sad Fart. Excuse the bluntness, but that’s what I came up with to remember the statutory shopping rights you have on everything you buy – very useful when I need to quote it on the telly.

It goes like this: goods must be of Satisfactory quality, As Described, Fit for purpose, And last – a Reasonable length of Time. If that’s not the case, they’re faulty and you’ve got a lot of rights.

To make an even stronger impression, learn to quote the law it comes from. With most goods that’s the Sale of Goods Act 1979, and with services it’s the Supply of Goods and Services Act 1982.

To help, I’ve designed a free handy credit card-sized print-out to go in your wallet, with all this and more consumer rights tips. (Get it at moneysavingexpert.com/consumermini).

When you do quote them, always be patient, polite and persistent.

That last word is key as, shamefully, many shop staff haven’t been taught the basic rights that they should know before they’re allowed to work in a store.

Now, while these rules sound easy, they throw up a lot of questions, so here’s a quick Q&A to help:

Q What is a “reasonable length of time”?

A The best way to answer this is to think what a level-headed “reasonable” friend would say if you asked if something had lasted as long as they would expect it to.

An example should help: if you bought a new laptop for £800 and it broke after five months, you’d probably think that wasn’t a reasonable time. However, if you bought a keyring torch costing 50p and it broke after the same time, you’d probably say that was reasonable.

Q What does “as described” mean?

A On the surface, this is obvious.

If you bought a pink alarm clock and the box contains a green kettle, it clearly wasn’t as described. It also covers more subtle differences.

Imagine you were buying a pair of speakers specifically for your stereo.

If you checked with the shop that they would work with your particular make and model, but they don’t, then they weren’t as described. However, if you didn’t ask and there was nothing on the box indicating that they would work with your stereo, then it’s your problem, not the shop’s.

Q If I bought a dress for a friend but it’s the wrong size, can I take it back?

A No, You’ve absolutely no right to do so. It’s a myth that you do.

Provided that the goods fit the Sad Fart rules, the shops don’t have to give a refund. If you bought something for a friend and got their size wrong, that’s your problem, not the shop’s.

Having said that, many shops have policies which allow you to return goods within a set number of days if they are in a reasonable condition, so while not a legal right, it’s often allowed.

Better still, if the shop has a published policy allowing “no fault returns”, then under contract law you have a right to take the goods back as long as you fulfill its conditions.

Having said that, if the conditions say “we will allow you to return goods without a fault and we will give you a credit note”, that’s all you can expect. Don’t think you can get a refund.

However, if the goods are faulty, then you’ve got full rights.

Q How quickly do you need to take goods back?

A If something is faulty, in other words it breaks the Sad Fart rules, then return it as quickly as possible to maximise your rights. If you get it back to the shop within four weeks, you should usually get a full refund. After that, only expect exchange, repair or part-refund.

The next key time point is six months. Return goods within that time and it’s up to the shop to prove they were not faulty when it sold them to you. If you wait more than six months, you have to prove the goods were faulty when you bought them.

The final limit is the statute of limitations, which is five years in Scotland, six in England. This is the time you have to bring the complaint against the shop. People sometimes wrongly think this means that goods must last six years. It doesn’t, it just means that you have up to six years to go back to the shop to complain.

Q If I was bought something as a gift, can I return it?

A Legally, the answer here is no, although many shops will allow you to. The contract is between the purchaser and the store, so only the person who paid for it has the right to return something that is faulty.

However, if at the point of sale they wrote it down on the receipt (preferably a bit that the shop keeps), something like “bought as a gift for Bob Smith”, then the rights are transferred to the person who got the prezzie.

Q Do I have fewer rights when I buy online?

A Absolutely not. You have more rights online or on the phone or catalogue due to something called the Distance Selling Regulations.

These give you a legal right to return goods within seven days, even if there is no fault. You can return something simply because you don’t like it, which is one big advantage of shopping online. Bear in mind that you will often need to pay for return delivery.

Q Do I need to keep the receipt?

A No, but it’s sensible to do so. If the goods are faulty, ie they’ve broken the Sad Fart rules, then legally all you need to do is prove purchase.

This could be with a credit card statement. However, if you are returning something under a shop’s own “no fault” policy, then it will usually demand that you have a receipt and you should comply.

Q Do I return it to the store or the manufacturer?

A The store, the store, the store, the store! Hope that clears it up.

Stores will try to fob you off, but your legal relationship is with the shop where you bought it from, not the manufacturer. The retailer must deal with it. It may choose to send goods to the manufacturer, but that’s its business. If you’ve returned it early enough, ask for a full refund anyway. Your rights are with the store and it has to satisfy them.

Q Do I have the same rights if I buy something from eBay?

A Yes, provided you bought it from what’s known as a “trader” – someone who makes some or all of their living by selling goods on eBay.

If you are just buying from an occasional private seller, as long as the goods are as described then the only protection you have is to “let the buyer beware”.

Q Do I have the same rights with goods that came as freebies?

A Not if you didn’t pay anything.

Yet if it was a freebie that came as an add-on to a purchase, you have full Sad Fart rights.

A typical example is a laptop that came as part of long mobile phone contract. If the laptop breaks, the fact that you didn’t directly pay for it is irrelevant. It was part of the contract.

Q What if the shop doesn’t agree?

A Unfortunately, this is where it gets tricky. If you know your rights and push for them, hopefully the shop will play fair.

Ultimately though, like any dispute, the final recourse is to take them to court. Before you do that, try a letter to head office. Be polite, firm and insistent, quoting your legal rights. If they don’t give in, you may have to go to court, but even the threat of doing that may work. You could also contact Consumer Direct for advice.

There’s a full guide to how to make companies play fair at moneysaving expert.com/sadfart

TOP SAVERS

Hotel chain Premier Inn is doing Easter and summer rooms for only £29, usually £50 to £100. The offer’s valid at 500 UK hotels and available for stays until August 30. To book, go to moneysavingexpert.com/hotel sales New Tesco online customers can get £10 off a £50+ spend. Just enter the code XXAFFT at the checkout. The offer ends September 30 and delivery costs from £3, depending on the time slot.

■ Get Martin’s free tips and moneyoff vouchers emailed straight to you each week by signing up to moneysavingexpert.com/tips

■ TV money guru Martin Lewis runs the consumer revenge website MoneySavingExpert.com. Ensure you get his weekly email so you’re constantly saving money.