Right to return
A word of advice about returning goods under the Consumer Guarantees Act, warranties and return policies.
28 June 2010
Have you ever gone to return goods that aren’t working and been told you can’t return it because it’s past the warranty? Or a sales assistant said you can’t return something that’s broken because of copyright or hygiene issues?
Warranties and return policies are different to the rights you have under consumer law. Even if your problem isn’t covered by the warranty or returns policy you may still be able to get a repair, refund, or replacement under the Consumer Guarantees Act.
Guarantees in law
Guarantees are the legal requirements. These guarantees include that goods must be of acceptable quality; meaning that they must be fit for the purposes they are made for, safe, last for a reasonable time, have no minor defects and be acceptable in look and finish.
The goods must also be fit for any particular purpose that you ask for and match any sample or description of them.
If the goods don’t meet these guarantees, and the problem is minor, then you can return them and the business can decide to either repair the goods, refund your money or give you an identical replacement.
If the problem is serious, or the store won’t fix the problem, then you can choose to get a refund, replacement or compensation for the loss of value of the goods. You can also claim compensation for losses caused by the problem, such as the cost of posting the goods back.
Retailer or manufacturer’s warranty
Warranties are a promise from the retailer or manufacturer to take care of certain faults for a limited time. This is often a shorter period than what is covered by the Consumer Guarantees Act. For example, even though a warranty on a new washing machine might be one year, a reasonable person would expect it to last longer, and the Consumer Guarantees Act quality guarantees would protect you for longer.
You can choose to get a problem sorted under the warranty, but remember you may still have rights under the Consumer Guarantees Act if the warranty has run out.
Returns policies
A returns policy is how each business chooses to give refunds and exchanges. These policies must comply with the law. You don’t have the right to return goods simply because you decide you don’t want them anymore under the Consumer Guarantees Act.
So if a business gives you the right to a refund or exchange if you change your mind, this will be under their returns policy. It will also form part of your sale contract and you may be able to insist on those rights if you later change your mind.
Sometimes shop assistants get confused between the return policy and your rights under the Consumer Guarantees Act. For example, you might find it difficult to return a faulty DVD because of copyright issues, or a swimsuit because of hygiene issues. It is okay for the business to refuse to accept the goods if you changed your mind, but if the goods don’t meet guarantees under the Consumer Guarantees Act, or other law, then you will have the right to return them.
