What are your rights? |
14 day right to a refund If you bought an item or a service online, you have the right to cancel your order and get your money back for 14 days. This also applies to buying from a catalogue. With both you are not in a shop and able to see what you’re buying. Instead you may be relying on a photo or short description. Therfore the law gives you a 14 day cooling-off period. You can use this because:
14 days to ask for refund: The Consumer Contracts Regulations June 2014 states that consumers should have a right to a refund when items fail to match the information given prior to purchase and often, more helpfully, for any reason within a minimum 14 day cooling off period. This cancellation period starts the day after the consumer enters into a contract for a service or receives the goods. The retailer has a responsibility to clearly tell buyers in writing how to return the goods, in what time frame and whether they must pay for any returns. Setting out their returns policy is crucial for retailers, because if they don’t then the consumer’s right to return goods for a refund is extended for a full year. It also means that buyers have the right to a refund if items aren’t delivered by an agreed date. If no date was agreed, they should get a refund if the items haven’t arrived more than 30 days after placing the order. The regulations also cover contract services ordered online or over the telephone, such as Broadband. Other rights – if unhappy after the 14 days. After the 14 days, then your rights are the same as when buying from a traditional shop. You cannot get your money back just because you have changed your mind – instead something will need to be wrong with the product or service:- Guarantee: If the company that made the item provided you with guarantee (sometimes called a warranty) you can use this if something goes wrong. Each one is different. It gives you the right to claim from the manufacturer whatever is permitted by the terms of that guarantee or warranty. This often lasts 6 months but can be longer. If you bought from an online shop or business - not a private seller: - then you also have the same rights as if you’d bought in a shop. Exclusions apply to customised and perishable goods, newspapers, periodicals and magazines (not books) as well as sealed audio, video or computer software that have been opened. Immediately accessible purchases of digital downloads are also exempt and the refund period does not apply to auction websites. You may be able to claim a refund, replacement or a repair (as well as payment of your extra losses and expenses) if the item you bought:
Here you can claim against the online seller. Your rights last as long as is reasonable for the particular product (sometimes up to 6 years). Click here for further details of these rights that apply to all shops (traditional, catalogue and online) and a sample complaint letter. If you bought by credit card paying the seller direct (not via Amazon Marketplace) then you also have the option of claiming from the credit card company.
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What do you have to prove for the 14 day right to a refund? |
You need to send an email, letter or fax to the seller to cancel your order within the 7 day deadline. If the seller does not accept your right to cancel (and doesn't give you your money back) you would then need to be able to prove:
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What evidence should you collect together for the 14 day refund? |
You will probably have emails and a confirmation of your order that covers the 3 things you’d need to prove if there was a dispute over your right to cancel: Optional: If you’re cancelling because the item did not meet the description given, you can also explain the differences and what was misleading about the presentation on the seller’s website.
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What can you claim with the 14 day refund? |
Can you claim back the cost of sending back the item?: If the item was faulty and you bought from an online shop (not an individual) you do not have to pay the cost of sending it back. If the item was not faulty then: 1: check the seller's terms and conditions (T&Cs) or returns policy to see who has to pay the cost of returning the item. 2: If the T&Cs don't say you have to pay the return post costs then the seller has to cover the cost. Note: The seller cannot charge you any other charges for using your 7 day right to return the item such as an administration fee or a restocking fee. Note: From June 2014 any return postage charges must be made clear at the time of purchase (and not just be buried in long T&Cs), even providing an estimate of the cost for bulky items.
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What is the deadline for the refund? |
You must contact the seller within 14 days of receiving the item. The 14 day deadline starts from the day after you receive your item. The seller then has 30 days to make the refund.
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Example cancellations |
Changed your mind about a purchase Item isn’t suitable anymore Item is not what you were expecting – perhaps very small in real life compared to impression from website.
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Disclaimer reminder
Please note: To give you general information about your dispute, the information given here is a simplification of a complex area of law and cannot be relied upon. Before taking action please use our Small Claims service to get specialist legal advice on your specific circumstances. See the full terms and conditions of this website