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When you buy something and you want your money back, it’s key to know your rights. Your legal position depends not just on how you bought a product and what, if anything, is wrong with it. It also depends on how you paid for it.


Faulty, false or fake You have the legal right to a refund in three cases: the item is faulty, the item isn’t as described, or the item doesn’t do something the seller said it would. In each case you have the right to a full refund and you don’t have to accept a credit note or voucher.


There’s no time limit as such for exercising the legal refund right. However, the more time passes, the less scope you have for getting a refund when something breaks. It becomes a question of whether you should reasonably have expected it to last as long.


Changed your mind?


For goods that don’t meet first three rules return rights are dependent on the seller’s policy. They may offer a refund or a credit note, and they may impose a time limit.


If you bought something online, by mail or over the phone, you have an extra ‘distance selling’ right. With such purchases you have the right to change your mind and cancel your purchase without a reason, even if the products are not faulty.


This right has three time limits. You have 14 days after receiving the goods to tell the seller


you want the refund. You then have 14 days to return the goods, at your own expense. The seller than has 14 days to refund you.


Card cover


If you use a card, the card provider may also be liable. For example, the ‘Section 75’ rule applies if you make a purchase between £100 and £30,000 and use a credit card to pay any or all of the cost. The rule applies even if you pay just £1 on the credit card and the balance by cash or debit card.


Section 75 simply means your card provider has the same legal responsibility as the seller. This can mean issuing refunds for faulty goods, but also making things right if the seller doesn’t deliver the goods at all.


Chargeback


If you used a debit card or the purchase cost was less than £100, you can use an alternative claiming method called chargeback. This involves your card provider claiming the money back from the seller’s bank.


Chargeback isn’t a legal right but rather a scheme operated by most major card providers. The rules are a bit tighter than Section 75. You’ve normally got 120 days after discovering a problem to make a claim. Another big difference is that you must have tried and failed to get a refund from the seller before you can make a chargeback claim. Unlike with Section 75, you can only get back the money you actually spent on the card, not necessarily the entire purchase price.


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