If you have got a Christmas present you don’t really want then Martin Lewis – the Money Saving Expert – has explained exactly what your legal rights are when it comes to returning it in-store
Giving and receiving gifts is one of the best parts of the Christmas season, but every so often you will unwrap something that just isn’t quite your taste. In the moment, you have to keep things polite, even if, in the most extreme cases, you’re internal monologue is screaming ‘Why on earth would you think I’d like this?’
If you have ended up with some questionable items after Christmas that you honestly do not want cluttering up your home and are considering returning them – then you need to take on board this advice from Martin Lewis, the Money Saving Expert. Martin has outlined all of your legal rights when it comes to returning an unwanted gift in-store – whether that’s because you really cannot stand the item in question, or someone has just bought you something that doesn’t quite fit. The expert explained this one in full on his show for ITV: The Martin Lewis Money Show.
“You have no right to anything” in legal terms when it comes to returning an unwanted item in shops, the expert explained – joking with some audience members “You do not like that answer do you?”
“I’m sorry, you need to listen carefully here. You have no legal return rights for goods bought in store, unless they are faulty” the expert added – whether you have proof of purchase like a credit card statement, or even the receipt itself. However, there is still hope, at least for some shops. “The shop may have its own [returns] policy, it may publish its return rights, in which case it is a contractual right, but your statutory rights, your ‘in law’ rights, means you can’t take it back.”
However, even if a shop has a published return policy that they are contractually obliged to, during the festive season this can get complicated, and sometimes not even apply, Martin explained. “It’s important at this time of year, during the Christmas sales, the January sales, sometimes even if they normally have contractual rights they suspend them. So if you’re buying stuff in-store, know unless it’s faulty you can’t take it back.”
This means you have to be careful about what you’re buying, especially something that might not fit someone that the store in question has a “returns policy, not a returns right.” The rules are a little bit different when it comes to online shopping, the expert explains because buying something from a website means you “do have a right to change your mind”. There is a pretty strict timeline with this though, “You’ve got 14 days to notify them, and then 14 days after the notification to send it back, so maximum 28 days. Clearly, if you’re not ready to send it back, don’t notify them until the last moment, because it gives you longer to do it.”
Martin warns that some online retailers may specify on their websites that you have less time than this, but the timeline outlined above is the law, and they must abide by it – though there will be some exclusions like “perishable items, clearly, because you can’t really take them back, or personalised items.”
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