Your legal rights if a shop refuses to give you a refund

Have you ever attempted to return an item to a retailer only to be informed: “We don’t do refunds”? Refunds are so widespread nowadays that you might presume you have a legal entitlement to them. However, this isn’t actually the case.

While there are undoubtedly common situations in which retailers must provide you with a refund, you don’t generally have an automatic legal right to one. The UK Government has outlined the legislation regarding accepting returns and issuing refunds. Here are some of the most crucial points you need to understand, including why purchasing online rather than in-store might work in your favour where feasible:

• You have exactly the same rights to refunds when you buy items in a sale as when you buy them at full price.
• You may be entitled to a refund, replacement, repair and/or compensation where goods are faulty or not as described.
• But if you have bought an item of clothing in the wrong size, or have changed your mind, or an item is an unwanted gift, there is normally no automatic right to return goods.
• If you have bought an item online, you do have the right to cancel for a limited time even if the item is not faulty. In this scenario, sellers must offer a refund to customers if the customer has told them within 14 days of receiving the item that they want to cancel. The customer then has another 14 days to return the item.
• It’s illegal for shops or businesses to mislead you about your rights, for example by displaying a sign that says they do not accept returns or offer refunds.

While many high street retailers will accept returns and process refunds without question, not all operate this way. For instance, Sports Direct only provides a credit note or, where possible, an exchange for goods purchased in-store, reports WalesOnline.

MoneySavingExpert clarifies your rights as a consumer and highlights why you may have greater protection when buying online: “You DON’T have a legal right to change your mind and return store-bought goods. Even if you’ve bought the wrong colour or size, stores don’t legally have to refund you simply because you’ve changed your mind.”

But “the rules are different when shopping online”, it clarifies, stating: “You DO have a legal right to change your mind. For most items, you have up to 14 days to notify them of a return, then up to 14 days after that to send it back. There are some exceptions.”

And “if items are faulty, it doesn’t matter where you bought them. You will usually be entitled to a refund, repair or replacement, depending on when you find the fault.”

MoneySavingExpert clarifies: “You’ve MORE rights buying online (or by telephone/catalogue) due to the Consumer Contracts Regulations. These give a legal right of 14 days to cancel the order after receiving it, and a further 14 days to send most goods back for a full refund (including outward delivery costs), even if there’s no fault.”

It further notes that “if an online store tries to tell you that you have less time to return an item than the 14/14 window above, you can overrule them using your legal know-how”.

Nevertheless, there is an important distinction between purchasing online from a professional retailer who trades regularly and buying from someone who merely sells items occasionally. Those shopping with established traders benefit from full consumer rights, whereas purchasing from a casual seller means these protections do not apply.

The UK Government outlines additional circumstances in which shops and businesses are not obliged to offer a refund. These include:

• if the buyer knew an item was faulty when they bought it
• if the buyer damaged an item by trying to repair it themselves or getting someone else to do it (though they may still have the right to a repair, replacement or partial refund)
• personalised or custom-made items, like curtains
• perishable items like frozen food or flowers
• newspapers and magazines
• unwrapped CDs, DVDs and computer software
• sealed items that for health or hygiene reasons cannot be returned once they have been opened, like underwear.

Armed with this knowledge, you can tackle any such situation with far greater confidence.