How Can Retailers Manage Returned Goods?
Whenever a consumer purchases goods from a retailer there is an automatic and implied set of requirements placed on the retailer. These are different to the requirements when selling business to business, primarily due to the fact that consumers are seen to have less bargaining power when it comes to negotiating the terms of the sale contract with the retailer and therefore there needs to be statutory protection afforded to these individuals.
Legal Right to Return Goods
Legal rights exist the moment a consumer enters into a purchasing contract with a retailer. These differ depending on where the purchase takes place, for example if goods are bought on the high street there is no legal right to return goods simply because the purchaser has changed their mind whereas a purchaser online can return goods even if they have merely changed their minds.
Most legal rights exist when the goods being sold are simply not meeting the required standard or are deemed as faulty; therefore the main focus on returning goods is on determining when goods are deemed to be faulty.
Dealing with Gifts and Changes of Mind
It’s not only faulty goods that have to be considered when it comes to returns. Sometimes goods are given as a gift and are simply unwanted or the person purchasing the goods no longer wants them and wishes to return them. This is clearly a different situation to where the goods are faulty. When looking to return goods in these circumstance the purchaser needs to a certain whether or not the store had a returns policy. It is not a legal requirement to have a returns policy but where one does exist it must be followed as it has, by its existence become part of the contractual relationship between purchaser and retailer.
Similarly with gifts it is common for retailers to allow a period for return provided the goods have not been tampered with at all and are in pristine condition. Typically retailers will offer options such as credit notes or exchanges rather than a full refund although again this is discretionary.
Faulty Goods an Overview
The main legislation relating to the return of goods is the Sales of Goods Act 1979 although the exact definition of faulty remains somewhat open to interpretation primarily due to the fact that different goods will naturally have different expectations attached to them. A plastic toy from a £1 is, for example not expected to show the same shelf life as an expensive laptop although it should be noted that price does not in itself indicate quality (or conversely lack of quality) from a legal point of view.
With this in mind a range of different criteria are laid out in terms of what is expected from certain goods and with reference to the selling process and prior communications between the parties.
The Sales of Goods Act 1979
Fit for Purpose
As stated previously the issue of determining when goods are deemed faulty in accordance with the statutory requirements and therefore when there is an ability to return the goods.
For more information on:
- Meets with Quality and Description
- Examples of issues when returning goods: