Several parcel deliveries have gone missing, an elderly relative has gifted you a hideous scarf, and you just don’t love the dress you bought online when you see it in the flesh.
The lazy days after Christmas bring plenty of shopping hassles, and many retailers make it tricky for consumers to return unwanted presents or track down those that have gone walkabout.
As a consumer rights expert, I’m here to tell you that all these frustrations can be resolved with a little insider know-how up your sleeve.
Here’s how to have a hassle-free Twixmas – and end up with the gifts you really want (or a lovely cash refund) this year…
I DON’T LIKE THE GIFT, CAN I GET A REFUND?
Not for the first time, Aunty Gill has bought you a frumpy jumper for Christmas. We’ve all been there – feigning gratitude whilst secretly wondering how to turn that unwanted present into something that matches your taste.
If your aunt didn’t wrap a receipt with your present, you’ll be relying on a retailer’s goodwill. So before you head to your nearest store to hand back the jumper, investigate the seller’s returns policy online.
It’s better to go in-store as sometimes only the buyer can request a refund or exchange online. Also, online returns often go missing in transit, particularly at this time of year.
Many retailers extend return times over Christmas and have generous policies – it’s useful to have a screenshot of a returns policy on your phone as many seasonal staff may not be familiar with store protocol.
We’ve all been there, feigning gratitude whilst secretly wondering how to turn that unwanted present into something that matches your taste (picture posed by model)
Treating people with kindness and being polite goes a long way. Shop staff are under a lot of stress at this time of year, with reports of abuse at an all-time high.
What to say to the retailer: It always pays to be pleasant and cheerful with staff in the store. Speak to them nicely and they’re more likely to be flexible and offer you a refund, exchange or credit note – but you’re still bound by that retailer’s policy.
Unfortunately, if the item has dropped in price for the sales and you don’t have a receipt, the shop will only honour its current value.
You could sell unwanted gifts online via an auction website, local neighbourhood groups or on Facebook Marketplace; regift it or donate it to your favourite charity. Aunty Gill need never know…
MY NEW GADGET IS ALREADY BROKEN
If a coveted gift you’ve received is faulty, you’re probably going to have to ask the person who gave it to you if they can help you as they will have proof of purchase.
If goods are faulty, you’re entitled to a full refund within the first 30 days of purchase under section 22 of the Consumer Rights Act (CRA) 2015 – this law will be your secret weapon in so many wrangles with retailers. The only exception is if your items were clearly highlighted as being slightly damaged when you bought them.
What to say to the retailer: The onus is on you to prove the fault, so go prepared to make your case. And you will still need proof of purchase. No receipt? A bank or credit card statement proving where the item was bought should suffice.
It always pays to be pleasant with staff in store. Speak to them nicely and they’re more likely to be flexible and offer you a refund, exchange or credit note, writes consumer expert Scott Dixon
I BOUGHT GIFTS ONLINE. CAN I CHANGE MY MIND?
Buying online gives you better cover than purchasing in a physical shop, because it’s known as a distance sale under the Consumer Contracts Regulations 2013. This gives you the right to cancel an order within 14 days of placing it, and to return it within 14 days of receiving it. Thankfully, many retailers also extend the period in which you can return an item at this time of year.
This doesn’t apply if you buy bespoke items, such as a personalised bracelet, or perishables like food hampers containing fresh items. That is what’s known as tough luck, unless they’re faulty.
If you’ve changed your mind on other items, you may have to pay the returns fee depending on the store’s policy.
What to say to the retailer: If you’ve ordered an item online proof of purchase is all that’s required, which could be your order number, bank or credit card statement. There’s usually an option along the lines of ‘no longer wanted’ or ‘item not as expected’ when you complete your returns form.
I’VE BEEN A VICTIM OF PORCH PIRATES
As the song lyrics go, it’s the most wonderful time of the year – especially for porch pirates, criminals who follow couriers around and then steal parcels left on doorsteps when the homeowner is out.
If you’re a victim, the first thing to remember is it’s the retailer’s legal obligation to resolve any delivery issues, not the courier’s.
I told you the CRA 2015 would be your best friend – it states that goods remain the trader’s risk until they’ve been safely delivered to either the consumer or a person they’ve nominated to take the delivery.
Thankfully, many retailers extend the period in which you can return an item at this time of year (picture posed by model)
What to say to the retailer: Contact them as soon as you realise the parcel has been taken and remind them that they are obliged to resolve the issue as your contract is with them, not the courier.
If the courier ignored your instructions, for example if you asked them to leave the parcel with a neighbour but they instead left it outside, where it was stolen, then the retailer must dispatch a new item or give you a full refund. Remind them that if your designated neighbour isn’t at home, the driver is supposed to put the parcel back in the van and issue a redelivery instruction.
MY DELIVERY HASN’T ARRIVED – BUT THE RETAILER AND COURIER WON’T HELP
Delivery companies are notorious for sending emails or texts saying they’ve attempted to deliver a parcel, yet you’ve seen no sign of a driver at your door and they haven’t left a calling card.
Have the Christmas elves run off with your parcel? More likely, the driver couldn’t find your address or fit the delivery into their tightly timed targets that day, so it was easier to pretend they’d tried to deliver it.
In this case, as with porch pirates, your contract is with the retailer, so try them first.
What to say to the retailer: Remind them that they are obliged by law to deliver goods safely into your possession. If they’re unwilling or unable to resolve the issue, or they claim they’ll need to wait for the courier company to officially log an item as missing (a common response), explain that they’re in breach of contract in accordance with the CRA 2015 and that you will get your bank to raise what’s called a chargeback to get the payment you made reversed.
This is a strong tactic to use if they’re stonewalling you, because chargebacks are an administrative pain for retailers so they’ll want to try and resolve the problem without going down that route.
You may need to be militant, spelling it out to the retailer that the courier company they use is giving them a bad name with consumers such as you.
ONLY HALF OF MY ORDER TURNED UP
Lamp arrived without its base, or a pool table for the kids without its legs? This would never have happened on Santa’s watch.
What to say to the retailer: Once again, use the trusty Consumer Rights Act 2015. If you’ve placed an order and didn’t agree to accept the delivery of the goods in instalments, they’re in breach of contract. They must either supply the missing parts immediately or you can reject and cancel the order and raise a chargeback with your bank to dispute and reverse the transaction.
Banks often try to reject a chargeback on the first attempt – but legally, the onus is on the retailer to prove they did deliver the items. So push back hard, and stress ‘breach of contract under the CRA 2015’ if this happens to you.
This also applies to online food deliveries. So if you’ve placed a big food shop and some of it hasn’t arrived, or they’ve put in unwanted substitutes, you don’t have to accept them and are entitled to a full refund for the items that weren’t sent.
- Visit consumer rights expert Scott Dixon’s website here.
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