Kyran Shuker, Litigation Solicitor at Blythe Liggins Solicitors in Leamington Spa
Christmas is a time for giving – but what if one of your gifts turns out to be faulty, or isn’t quite what you wanted?
Data from Statista shows that Brits are expected to spend most of their festive gift budget on toys and consumer electronics this year – so it is important to understand your rights if you unwrap a gift to find that it is faulty or that it’s not quite right for you.
Litigation solicitor Kyran Shuker from Blythe Liggins Solicitors in Leamington Spa said while stores are not legally obliged to let you return products if they’re unwanted, there are more legal rights if the product is faulty.
He said: “With faulty goods, you will usually be entitled to a refund, repair or replacement, whether it was bought in store or online.
“Most windows for a refund are within 30 days of purchase, and after that timeframe, you may be able to have the product repaired or replaced instead – though some retailers will still be willing to offer a refund.
“There are legal standards which a product must fall short of to be classed as faulty. For example, if the item is not satisfactory and as described, fit for purpose and able to last for a reasonable length of time, you can certainly make the argument that it is faulty.”
Kyran said that, while there were various legal rights around obtaining a refund for faulty products, there was no legal obligation for retailers to offer a refund for an unwanted product which was bought in store.
He said: “Retailers are not legally obliged to let you return store-bought goods if they’re simply unwanted – for example, if it’s a piece of clothing you don’t like the colour of or it’s the wrong size.
“But retailers often tend to offer more lenient policies than this, particularly in the period following Christmas, and you may find that some stores offer an extended time window for exchanges or refunds – it is always worth asking.
“If a store has a return policy, this will be stated on the original receipt and they are within their rights to stick to it – so it’s worth being aware of the return policies on the gifts you buy for others.
“You might also want to consider putting a gift receipt in with the presents you give, to make it easier for the recipient if they do want to try and exchange it.
“The rules for online purchases are slightly different – retailers offer a 14 day window for you to give notice of the return, and a further 14 days after that to send the goods back. Again, some retailers may offer more generous return policies if you check, but these are the standard timeframes to be aware of.”
For more information on Blythe Liggins, call 01926 831231 or visit: www.blytheliggins.co.uk.
