Returns policies: a guide for retailers
(for all nations)
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Under the Sale of Goods Act 1979, a consumer may be entitled to a refund, replacement, repair and/or compensation where goods are faulty or not as described. In other cases, for example, where the consumer has bought an item of clothing in the wrong size, or they have changed their mind, or an item is an unwanted gift, there is normally no automatic right to return goods.
There are a few exceptions to this rule, including goods sold by mail order or over the Internet, and some goods sold to a consumer during a visit to their home. An acceptable returns policy would read:
- ‘Returns Policy. If you change your mind about your purchase, please return the unused goods to us with the original till receipt within 14 days, and we will offer you an exchange or a credit note. This does not affect your legal rights, including your right to claim a refund, replacement, repair and/or compensation where the goods are faulty or misdescribed.'
Under the Consumer Protection from Unfair Trading Regulations 2008 it is also a criminal offence to mislead a consumer about his/her legal rights. Examples might include stating ‘no refunds’ or ‘sold as seen’. You are allowed to enhance consumer’s rights but it is best to make this clear in the form of a notice or on the back of the receipt. The Sale and Supply of Goods to Consumers Regulations 2002 set out rules which apply when you give a guarantee on goods without extra charge. There are particulars which the guarantee must contain.
