Lately, the number one topic has been how ordering from a European retailer changed after Brexit.
While some things have changed regarding customs charges, the Consumer Rights Act 2015 has remained the same. As a customer, you have exactly the same rights you had before when ordering from Europe.
However, legal rights can be confusing. If you are unsure what they are, don’t worry. Today, we will cover everything you need to know about consumer rights and how to use them to your advantage if you want to reclaim your customs charges.
In this guide, we will go over the following information:
- Consumer rights when buying goods
- Consumer rights with unfair contract terms
- Customer rights when returning goods
- Consumer rights on service
- Consumer rights on a refund
So, let’s jump right into it!
When is the Consumer Rights Act applicable?
The act of 2015 presented two new consumer rights when it was introduced. One was the digital content, and the other was for the satisfactory quality of the service provided.
The latter means that if the service provider deviates from the agreement and doesn’t provide reasonable care and skill, they are breaking the Consumer Rights Act 2015.
Besides the two new acts, here are the primary consumer rights every consumer should be aware of:
- What should happen when you receive faulty goods?
- What should happen when you receive faulty digital content?
- Unjust terms in a contract
- What transpires when a business is operating in a way which isn’t competitive
- Written notice for routine assessments by public enforcers
- More significant flexibility for public enforcers, such as Trading Standards, to respond to breaches of consumer law, such as seeking compensation for customers who have suffered damage
Consumer rights allow you to educate yourself on what you are entitled to and aren’t.
Consumer rights when buying goods.
Imagine you ordered your favourite dress from an online retailer. The dress came, but it was not the high-quality you were told it would be, and at the same time, it had a hole. So what now?
As a consumer, you have a couple of options:
- You can ask for a full refund
- You can ask for a replacement
- You can ask for a repair (this one is usually tied to shoes)
- You can reject the goods
When you shop online, you enter into an agreement with the retailer. This means that if the goods you ordered are faulty or not of satisfying quality, you are entitled to appropriate compensation and are automatically under the consumer contracts regulation.
The seller also has to repair or replace the item in a timely manner. Otherwise, you are entitled to a full refund.
If you reject the goods, you will have 30 days to do so from the moment you receive your package.
Suppose you paid with a card, usually the only option when buying online. In that case, you are protected under the consumer credit act.
This means you can file for a chargeback or request a full refund for the goods to the card you used for purchase. Remember that the seller has a legal right to request a bank statement confirming you used that card for the transaction.
Time frame for refund
Throughout the expected lifespan of the goods, you will have the following time frame to request a refund, return or replacement:
- In up to 30 days, you can request a full refund if you received faulty goods
- You can request a full refund up to 6 months after the purchase of the goods if a replacement or repair is not possible
- If the goods don’t last a reasonable length, you can request a partial refund up to 6 years after the purchase
- In up to 14 days, you can change your mind and receive a full refund (however, this isn’t guaranteed, and you will need to check the terms and conditions of an online retailer)
Remember that if you buy a gift for someone, legally, only the person who purchased it has the right to return it. However, you can always ask for a gift receipt so that the gift receiver can return it on their own. Otherwise, a gift voucher will also be an option.
One last important piece of information. When returning the damaged goods, they are tied to the retailer, not the manufacturer. This means you are entitled to a refund, repair, or replacement from the retailer, as they sold you the goods. The retailer must also cover the cost of the return.
Consumer rights with unfair contract terms
When we say contract, we do not mean you are sitting down and signing anything. In this case, it can be you buying or ordering something online.
So what is considered an unfair contract term? – We are glad you asked!
A perfect example of this would be any hidden fees. Let’s say you went online and bought a dress, pair of shoes and a hat in a week. You paid shipping for every single one of those items. They are faulty in some way, and you would like to return them. However, the retailer has a stipulation, written in small print, that any returns have to be covered by the consumer. This would be considered a hidden fee.
While most retailers cover the cost of a return on a faulty item, some do not. But they need to “advise” their customers of this. Usually, people will avoid such retailers if it is written for everyone to see. But it can be hidden in small print, which consumers typically do not read.
This is considered an unfair contract term, and you can challenge this. You can do some things, such as writing to the company, escalating the complaint and taking legal action against the retailer. In most cases, simply writing to the company will suffice.
Other types of unfair contract terms include:
- Anything that tries to limit your rights as a consumer
- Unnecessary default charges
- Excessive early termination charges
All of these terms regulate contracts by restricting the degree to which one party can evade a penalty through exclusion clauses such as disclaimers.
Customer rights for a return
Returning goods to the EU can be tedious. Still, with the Consumer Rights Act, procedures are a bit easier. In this section, we will go over what the rights for a return include.
When ordering online, you have the rights under the Consumer Contracts Regulations. So what does that mean?
It means that the retailer or seller has to provide you with certain information before your purchase, and those include:
- A clear description of the goods
- The total cost of the goods, services or how the price will be calculated if the total cost and services cannot be defined
- How the goods or services will be paid, and when they will be delivered or provided to you
- All extra delivery charges and additional costs (and if these charges can’t be calculated in advance, the fact that they may be payable)
- If you have the right to cancel the order and change your mind, who will cover the cost of the return
- Any cancellation rights – the trader also needs to supply, or make known, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)
- Information about the seller, including their geographical address and contact details and the address and identity of any other trader for whom the trader is acting
Suppose the retailer does not honour these stipulations. In that case, you as a consumer will have a right to complain.
Return of non-faulty items
If you decide to return any non-faulty items, you will have limited time to do so. Often retailers place time limits on these items and will probably offer you a credit note instead of a refund.
It is important to note that you can return an item because it doesn’t fit, is faulty, or simply because you don’t want it.
Retailers sometimes place restrictions if the item you bought was on sale. However, you are still within your statutory rights to return it. You just need to return it within 30 days after the purchase.
We always recommend you check the retailer’s returns policy. Many online retailers also accept returns for an extended time.
Delivery of goods
Since we are mentioning the return of the goods, here is what you need to know about the delivery.
Under the Consumers Rights Act, until the goods are delivered to you, the retailer is responsible for them. This means that if the goods get damaged in any way and arrive faultily, the retailer is the one who is liable and not the courier service.
Keep in mind that the retailer has to ensure the goods are delivered to you within 30 days after the purchase unless you make a different agreement. You have the right to cancel the order and receive a full refund if it is delivered later than agreed.
Customer rights on service
When it comes to rights on service, many different ones exist. However, today we will talk about the service of having an item you bought online returned to the retailer and repaired.
Let’s say you ordered a fabulous pair of shoes from your go-to online retailer. They arrive, you have a warranty on them, you also spent a pretty penny and all of a sudden, as you try them on, the sole of the shoe detaches. What now?
In this case, of course, you would return them. The retailer will have the option of providing you with a replacement or repair. Still, for the sake of the example, we will say they decided to send them to be checked and repaired.
What are your rights as a customer?
You, as a consumer, will have the following rights, which are considered to be of the minimum standard:
- Reasonable care and skill must be put into the service the retailer will perform.
- Suppose the information regarding the service is spoken or written. In that case, it will be binding since the consumer will depend on it.
- If you haven’t agreed on a price beforehand, if any can apply, the retailer will still need to provide you with the service at a reasonable price.
- The service must be carried out in a reasonable timeframe unless you have agreed to a timeframe beforehand.
Suppose the service you’re provided with doesn’t satisfy these criteria. In that case, you’re entitled to the following remedies under the Consumer Rights Act:
- The retailer should either redo the unsatisfactory service part or complete the service again at no extra cost. It should also be done in a reasonable length of time and without causing considerable inconvenience.
- If the repeat service is impossible or cannot be done in a fair amount of time without causing any inconvenience, you are entitled to a price reduction or a refund. This will solely depend on how bad the damage is. You can also request a refund, which will be negotiated with the retailer.
Consumer rights on a refund
Have you bought a fabulous bag that came with a faulty clasp? No worries. You are protected by the Consumer Rights Act 2015 and the Consumer Contracts Regulations even when you’re buying from aboard, as long as your goods are delivered to address in the UK.
These two legislations have set the right to a refund for consumers, and they include:
- If the goods you received are faulty, you will have 30 days to return them and receive a full refund.
- You could request a refund or a price reduction if the retailer failed to repair or replace the faulty item. You can also ask for another price reduction or repair at no extra cost to you.
- Within the first six months of the purchase, the amount of the funds to be refunded cannot be lowered.
These rights apply when you buy goods, services or digital content and offer extra protection when receiving a refund.
As with everything, you might have different reasons for returning the item, and we are not the ones to judge you in any shape or form. However, we need to break down every possible scenario, which is precisely what we will do.
So, without further ado, let’s get started.
Getting a refund if you have changed your mind
Under the Consumer Contracts Regulations, you have 14 days to change your mind after receiving an item and returning it to the retailer when shopping for goods online.
The reasoning behind you changing your mind doesn’t matter. These regulations for online purchases apply whenever you buy an item from a seller’s location. These include any purchases made online or by mail order.
There are a few exceptions to this rule. You won’t be allowed to return and receive a refund for the following types of items:
- Personalised items or items made to your specifications
- Perishable items (like flowers or fresh food)
- Items sealed before delivery but have since been opened (such as DVDs or computer games)
- Events tickets
- Digital goods (such as music downloads)
It is essential to mention that each retailer has its policy on unwanted goods, so we recommend you check it before changing your mind.
There is an issue with the items you purchased
If the item you bought online is faulty, you are entitled to a refund. In this case, you need to provide the retailer with proof of purchase, and you can give a bank statement since the receipt is not always required.
This right falls under the Consumer Rights Act 2015 and overrides the retailer’s returns policy. When is this applicable?
- When the item quality isn’t satisfactory
- When the item isn’t as it was described online
- When the item isn’t fit for the purpose, it was bought for
- When the item doesn’t last a reasonable time
If the retailer asks you to return the faulty goods you bought to the manufacturer, you can challenge this. It is always their responsibility to address the issue presented.
In the case of a fault on a bought item emerging over time, you have a right to a refund, repair or replacement. If the items are less than six months old, it is easier to receive a refund.
However, if the goods are more than six months old, you will need to prove the goods were flawed at the time of the sale (delivery) to be eligible for a refund.
You have six years from purchase to return the faulty item if you are in England, Wales and Northern Ireland. If you live in Scotland, you only have five years.
If you’ve damaged your goods through an accident or wear and tear, you will not be eligible for a refund or a return.
Some of our tips when shopping online
Keep your proof of purchase – Retailers often ask for proof when you need to return an item. You can use a credit card statement if you do not have your receipt or invoice.
Always check the store’s return policy – Some retailers offer better returns policies than others. You might want to check before you buy an item, just in case you need to return it.
Try paying with a credit card as much as possible – When paying with a card, you always have better protection. You can file for a chargeback with the credit card company and get your funds if anything goes wrong. However, this only applies if the total is over £100.
Return items within 30 days. – You are likely to receive a refund if you return the items within this time frame. After that, you are much more likely to receive a partial refund, repair or replacement.
Returning items within six months – Time limits define when you should return a faulty item you purchased. If you bought waterproof shoes that started letting in water after three months, and the guarantee is up to 3 years, you can return them and get a refund.
What about the refund of customs charges?
With Brexit came new rules and regulations, but also additional customs fees and import charges.
The good news is that if you return goods to the EU retailers, you might be eligible for a refund of customs charges.
If the goods are worth over £135 and you purchased them in the last 365 days, you have a right to submit a claim to HMRC and request a refund of import VAT and duty.
If you want to go on this journey alone, here is a step-by-step guide we have made for you to understand better how the process of reclaiming your funds through HMRC works.
We know how challenging and daunting the process can seem.
That’s why we made it our mission to help UK citizens shop internationally worry-free, knowing that they can easily reclaim customs charges through our service if something does not fit.
At Duty Refunds, we not only pride ourselves on the ability to consistently help our clients but also on the number of positive outcomes we have had since we started.
Let us show you how safe and easy the process can be!
Reclaiming customs charges with Duty Refunds
With the help of our experts, you can reclaim the import duty and VAT on returned goods in just a few clicks.
So what will we need? That is easy!
To start, we will need you to fill out our form. We will ask you to provide us with your tracking or waybill number, and we will take it from there.
You can sit back, relax and enjoy your favourite summer drink while we take care of this entire process for you!
Final Thoughts
It’s important to be aware of your rights and protect yourself. We are here to support you with an important one: reclaiming customs charges on returned goods.
If you for any reason decide to return goods to the EU retailers, we will help you get a refund of customs charges. Initiate your claim with Duty Refunds, and we will ensure to get you a positive outcome in three to six weeks!