‘Some shops are ignoring laws that give you your rights – how you fight back’

Consumer rights expert Martyn James explains everything you need to know when your Christmas shopping goes wrong – whether that be your parcel not turning up, what to do if something breaks, and how to return something in the New year

The big day is finally upon us! If you’ve been shopping recently then chances are you’ll have had a gift that has gone missing, or you’ve discovered that something you ordered is a bit rubbish when it turns up.

And when Boxing Day hits, you might need to return some goods that aren’t quite right – or the ungrateful recipient wasn’t a fan! We have some surprisingly strong rights when it comes to shopping, deliveries and returns. Yet when I speak to readers, I’m constantly told how shops are completely misrepresenting these rules, failing to follow the law and are making it difficult to contact them.

That’s why I’ve compiled a list of all of the incorrect excuses I’ve heard from retailers about why people aren’t allowed refunds – and pointed out why they are wrong. Feel free to send this Mirror article to them if they aren’t listening!

Your shopping rights checklist

Despite laws being long and complicated, the Consumer Rights Act and Consumer Contract Regulations are deliciously simple when it comes to your retailer rights. Here are the key things to remember.

• 14 days. If you buy most goods or services online, then you usually have a 14 day ‘right to cancel’ period if you change your mind. There are exceptions though, like perishables, made to order items, gig or event tickets and travel and holidays.

• 30 days. You are entitled to a full refund if the goods or services you have purchased online or in store are damaged or poor quality, not as advertised or not fit for purpose.

• Six months. Even after the first 30 days, you have six months from the date of purchase to return items for the same reasons above. You must give the retailer one chance at repairing or replacing the item, then you are entitled to a full refund.

• Over six months. The law says goods must last ‘a reasonable amount of time’ so you can still ask for a full or partial refund or repair if something packs in too early in to its working life. However, then the onus switches to you to prove that you haven’t broken the goods.

My parcel has gone missing but the retailer says that I need to take it up with the courier

By far the biggest festive fob-off this. So let me be crystal clear…

If a parcel goes missing, your contract is with the shop not the delivery firm or the manufacturer.

The business that sold you the goods is responsible for getting them to you intact. This includes refunding you if the parcel or its contents are damaged. And yes, this also includes when the parcel is not delivered to you personally or left where you told the retailer to leave it. It is the retailer’s responsibility if the parcel is:

• Left somewhere you haven’t authorised.

• Left with an unauthorised neighbour.

• Left in a communal or unsecured area.

• Left outside a door (then goes missing).

If you’ve specified that a parcel can be left in a ‘safe space’ then it’s potentially down to you if it goes missing. So check before you click to order that a retailer hasn’t saved your last delivery instructions.

The shop has told me the manufacturer is responsible for the repair

If the goods or services you buy are not as advertised, misrepresented, don’t work or don’t last an appropriate amount of time, then it is the retailer, not the manufacturer, who is responsible for sorting out the problem.

With bigger items, like cars or white goods, then you might get a speedier or more effective resolution through the manufacturer, but you should always report the matter to the retailer first and let them sort it out. This is because if you focus your dispute solely on the manufacturer, you might miss out on a refund due to the timescales for refunds that I mentioned earlier.

Sometimes ‘retailer urban myths’ do the rounds at certain branches of shops or at call centres that result in people being given the wrong information. Stay calm and point out that you are invoking your legal right to return goods or get a repair.

I’ve been told I have to pay to return broken or damaged goods

For any goods that you buy that are faulty or are not as advertised, you do not have to pay to return the items.

Many retailers can get funny about heavy or bulky goods and returns. I’ve spoken to readers who have been told they have to cover sofas and mattresses in bubble wrap and pay for collections when the goods are damaged or aren’t working. Total rubbish. You can tell them that from me.

It makes sense to check items as soon as they are delivered. The longer you leave it, the more of a battle you face to get refunded, but you don’t need to check the items on delivery either. And – of course – if you’re having a kitchen delivered, then it’s not always going to be feasible to check every single item.

Do I have to pay for a specialist to repair goods?

Some retailers will attempt to send a specialist to repair or assess goods that you say are damaged. I’m assuming that this is because the cost of returning and replacing these items is higher than normal. But the use of contractors is a decision for retailers to make – and it’s for them to pay the costs.

You may find that you are told you’ll have to pay if there’s nothing wrong with the item. So if you can film the problem on your phone, you can counter this scenario. This is also helpful if the faulty item miraculously starts working again when the engineer arrives!

The retailer is claiming they aren’t the seller of the goods

Online marketplaces is the official term for the often huge brands that allow other retailers to sell through their websites. This might be big retailers, or individual sellers flogging the contents of their loft.

Sometimes the website itself will tell you that you have to sort out a dispute with the seller of the goods. However, when you buy goods from a shop that operates in the UK then they are responsible for policing their site and ensuring the law is being followed.

These online marketplaces should all have ‘buyer/seller dispute resolution services’ that set out what both buyer and seller can expect if a problem arises. E-money systems like PayPal, along with your debit or credit card provider, could potentially step in if a refund is not forthcoming.

Returns on the high street

From boxing day onwards, the queues start building at the customer service desks of retailers around the land. Make sure you turn up with a receipt if you are after a refund. Many retailers extend return timescales at this time of year, often giving you to the end of January – but others are not so generous.

If there’s nothing wrong with an item, you can still return goods, but the store can set the rules for doing so. Check online first to see if the retailer allows refunds or offers store credit. You might want to take a screenshot too, just in case the person on the till is a bit fed up and doesn’t know the rules. Oh and try to keep as much of the original packaging as possible too.

Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist. You can find him on his website here.