With Change your mind and get your cash
CUSTOMERS often have the right to go back on a decision to buy something but many traders are clueless about the law.
Here’s what you have been telling me – and this is what the rules actually say about returning unwanted goods.
Val bought a bespoke conservatory for her home.
The contract was signed at her house and clearly stated that, as the conservatory was to be made to measure, there was no cooling off period. This meant she could not change her mind.
It also said that a surveyor would attend the property to validate the measurements.
Refund
The next day, Val cancelled the order but the trader rejected this, pointing to the contract.
The law: Because the contract was concluded at Val’s house in Warrington, Cheshire, this was defined as a ‘distant sale’ – away from the seller’s business premises.
This means that the Consumer Contract Regulations apply, which generally mean you can return the goods within 14 days of delivery and receive a full refund no questions asked.
But there are exceptions to this, one being bespoke goods.
The reason for this is that it protects retailers from having to take back goods that will be difficult to sell on, due to being specifically bespoke.
However, this exception only applies when the goods have actually been made to order.
In Val’s case the trader had taken no steps to build the conservatory by the time she changed her mind so she was entitled to cancel the contract. Josh bought three CDS online. But when Josh, from Leighton Buzzard, Beds, decided to return one of them, it was rejected by the retailer. They claimed: “CDS are exempt from the Consumer Contract Regulations”.
The law: The retailer was wrong. CDS are only exempt if the seal has been broken.
So if you return the compact disc with the seal intact, the exemption does not apply.
The Consumer Contract Regulations govern purchases online and these cases are also often governed by the Consumer Rights Act 2015.
See more advice from Dean on theconsumerlawyer.blog.