The lead-up to Christmas and the January sales are by far the biggest shopping period in the UK. According to Forbes, UK retailers are counting on a record £88.3 billion of Christmas spending to help them recover from the tumultuous financial year.
Complaints about retailers, both online and on the high street, are the third and fourth most complained about services that Resolver sees. Last year both categories resulted in 200,000 complaints – and that’s before you add in all the other problems associated with shops, like package delivery and online scams.
When it comes to retailers, by far the biggest bugbear is the fact that, despite there being lots of rules to protect consumers, many businesses choose to ignore or misinterpret them. We’ve seen websites that mislead people about their rights to return items, delivery disputes that shift the blame onto the person missing their package, warranties and service contracts that aren’t worth the paper they’re written on, and credit agreements that hide the true cost of borrowing.
We believe that the retail industry needs a strong regulator with the power to fine companies that don’t stick to the rules. But until then, it is up to you to protect your rights by staying informed of what they are.
So read on for our guide to shopping with confidence this Christmas season.
Christmas shopping and returns
There are some fundamental regulations in place that protect UK shoppers from faulty products or misleading advertising. However, whether a store will abide by them, or have their own policies is a big variable.
Shopping In-Store
Whether you are shopping online or in-store, the Consumer Rights Act 2015 protects UK shoppers against faulty goods and services. The following rules apply to any purchases you make:
- Goods Must Be of Satisfactory Quality: Items should be in good condition, without defects, and fit for their intended purpose. For example, a new jacket should not have a ripped seam.
- Goods Must Be as Described: The product must match its description or any samples provided. If it’s advertised as a specific brand or type, it should meet that description. For example, a printer advertised as a colour printer should print colour.
- Fit for Purpose:The product should function as it is expected to. For example, a jacket described as waterproof should keep you dry.
If a product you purchase is faulty, not of satisfactory quality, or not as described, you have the following remedies:
- 30-Day Right to Reject: If the product is faulty, you have the right to a full refund within 30 days of purchase.
- Repair or Replacement: After 30 days, you may be entitled to a repair, replacement, or a partial refund.
- Final Right to Reject: If repair or replacement isn’t successful, you can reject the goods for a refund, which may be reduced to account for usage.
What are my rights if I want to return a purchase but there’s nothing wrong with it?
One vital thing to note is that, in the UK, you do not have an automatic right to a refund for in-store purchases if you simply change your mind.
Many retailers will offer goodwill return policies that allow refunds or exchanges within a certain time, but this is not a legal obligation.
Always check the store’s return policy before buying a gift so you know whether you or the person you are purchasing for be able to return something if you or they decide it’s not right.
And if you’re not sure about a purchase, make sure you stop and take some time to think it through! Don’t give in to pressure selling as you may not be able to get your money back.
Online Shopping
Thanks to the Consumer Contracts Regulations 2013, UK shoppers have additional rights when shopping online, including the automatic right to return if you change your mind.
In addition to the 2015 Consumer Rights Act, protections for online shoppers include:
- A 14-Day Cooling-Off Period: For online purchases, you have the right to cancel your order and return the goods for any reason within 14 days from the day after you receive the items. So you can change your mind and still expect a refund as long as you return the item(s) in the same condition as when you received them.
- Exceptions to the Cooling-Off Period: There are some goods you cannot return simply because you change your mind, such as: perishable items (like food), custom-made or personalised items, sealed products (like cosmetics) if the seal has been broken, digital downloads once they have been accessed, things that would pose a hygiene risk, like underwear or jewellery.
- Right to Refund: If you cancel within the 14-day cooling-off period, the retailer must refund you within 14 days of receiving the returned goods. This refund should include the cost of standard delivery (though not necessarily express delivery).
- Right to Return Faulty Goods: If the product is faulty, you still have the same rights under the Consumer Rights Act (refund, repair, or replacement).
Gift Returns and Exchanges
A retailer can’t ignore the law, but many of them offer better returns policies as part of their deal to keep you as a loyal customer – especially around Christmas when people are buying gifts for others, who may wish to return or exchange it later on.
Most stores will allow you to return items with gift receipt. A gift receipt is basically an additional receipt provided by the retailer with the price not included, so you can return and exchange items. You don’t need to be the gift-giver to redeem a gift receipt, but the retailer can set the terms if the item isn’t faulty.
Extensions
Many retailers extend their return periods during busy shopping periods, including the holiday season. Especially around Christmas, you may see retailers advertising an extension of the return window to encourage shopping confidence.
This can be a great thing – especially if you are buying gifts. But make sure that you still check the small print so that you know for certain whether a return will guarantee your money back, rather than store credit, a voucher or an exchange.
Exchanges
When it comes to buying goods for someone else there is always the possibility that they may wish to return or exchange it. However, in order to do this they will need the receipt, so you may wish to be careful that you hold onto these while Christmas shopping. (The jury is still out on whether a photo of a receipt will be accepted – many stores will still only accept a physical receipt.)
Also, because there is no automatic right to a refund or exchange unless the item is faulty, not as described or of satisfactory quality – make sure you check the store’s policy so that you don’t end up saddling someone with a jumper in the wrong size or a book they already own with no option to exchange it for something they would prefer.
After 30 days
It is possible that you or the person you are buying for may not discover a fault with an item until after 30 days. Thankfully, in the case that goods are faulty you have up to six months to return the items. The burden of proof is on the retailer to prove the item wasn’t wonky or refund you. They are allowed to have one crack at a repair or replacing the item, but after that, you can ask for a refund.
Gift Cards and Vouchers
Gift cards and vouchers are a popular choice during Christmas. But be aware of the following:
- Expiry Dates: Check the expiry date on any gift cards or vouchers before purchase.
- Retailer Closure: If a retailer goes out of business, you will almost certainly lose the value of the gift card. In some cases, administrators allow partial redemption, but it’s not guaranteed. So bear this in mind if you are planning on purchasing gift cards for someone.
Christmas Deliveries
Christmas is always the busiest season for package deliveries. A study by FedEx, has given a forecast of 1.29 bn shipments across the UK between October and December 2024, 10.9% more than in the same period in 2023.
Complaints about delivery services increase year on year: from couriers that don’t attempt to deliver to items left in bins or chucked over fences, so many of us have personal experiences of being let down. Yet many people often feel uncertain about who they should be chasing.
When things go wrong with a delivery, buyers can end up caught in a stalemate between the retailer and the courier as to who will take responsibility for refunding them.
To clear up any uncertainties, the following rules always apply to deliveries:
Responsibility
When you enter an agreement with a retailer, your contract is with them, not with any third party they use.
So if items you order are not delivered, are damaged or faulty, are delivered or left in an unauthorised place or another delivery-related problem occurs, it is the responsibility of the retailer to sort out the problem.
Timing
In the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, it stipulates that the retailer is required to deliver goods within 30 days unless you agree otherwise at the time of purchase.
You are entitled to expect your goods to be delivered on the agreed date that you were given when your order was placed. If no date was given or agreed, the trader must get your purchases to you within 30 days of the order being placed.
If the goods are not delivered within the agreed time, you can cancel the order and request a refund. And if you paid a supplement for a specified time or date of delivery, it is reasonable to ask for this back too.
Lost or Damaged Goods
The retailer is responsible for the goods until they are in your possession. This means that if an item is damaged or lost during delivery, it is the retailer who must replace or refund the item.
Complaining about a delivery
When it comes to getting your refund, you may have to communicate with the delivery company in order to get confirmation from them that the goods were lost, stolen or damaged. After that, you can submit this evidence along with your complaint to the retailer.
As a general rule if there’s a dispute over delivery the retailer should be able to pin down where the driver was around the time of the delivery, who signed for the item, or where it was left. Remember the onus is on them to prove that you received the item, not the other way around. You’re entitled to ask for proof of delivery if you’re being charged for an item you haven’t received.
Of course, this doesn’t let the delivery company off the hook. Loads of the complaints we see revolve around how hard it is to actually contact them to arrange a collection or redelivery. A lack of phone numbers, direct email addresses and complicated websites drive many people to distraction. This can be particularly difficult if you order goods from overseas.
Payment
The method of payment you use when doing your Christmas shopping can make a big impact on your consumer rights – giving you extra protection or exposing you to problems later down the line.
Credit and Debit Cards
Paying with a credit or debit card offers additional protection:
- Credit Card Protection: Section 75 of the Consumer Credit Act
If you use a credit card to pay for goods costing between £100 and £30,000, you are protected if the retailer goes out of business or refuses to fix a problem. The credit card company shares liability, so you can claim directly from them.
- Debit Card Protection: Chargeback
If you paid using a debit card or a credit card for purchases under £100, you can use chargeback to ask your card provider to reverse the transaction if there is an issue, such as non-delivery or a faulty product.
Payday Loans and Credit Contracts
According to MoneyHub.com, nearly two thirds of people in the UK use retail credit or Payday loans to make purchases in the run-up to Christmas. And 64% of people will struggle to repay the credit they used over Christmas, and end up starting the New Year burdened by debt.
Credit Contracts, often known as “Buy Now, Pay Later”, are increasingly popular. They allow people to shift the cost of bigger purchases into smaller payments made over a longer period.
Despite the appeal, these arrangements can create all kinds of problems later down the line – from getting a refund when returning faulty goods and incorrect charges, to bad credit files. They push people into purchasing things they cannot afford and thus taking on too much debt.
When it comes to using Buy Now, Pay Later people need to exercise caution – we hear from many people who have become victims of the ease of signing up to such agreements and getting into financial hardship.
If you have any thoughts on this topic, or any other consumer issues you would like us to cover, feel free to get in touch with us at support@resolver.co.uk.