Lovely high quality video. While the government sits scratching its head as to why everybody is shopping online and won't go into the High Street to make these purchases. Where online goods are fresher than those that have been sitting in the shop for weeks, the High Street may have the entertainment value and you can have it now! Online is just business and you wait 2 days to 2 weeks for your items.
As far as I understood the Consumer Contracts Regulations 2013, if you buy online, you have 14 days in which to "notify" the seller that you wish to return the item. You then have a further 14 days in which to return that item. Therefore, in theory, you could have up to 28 days in which to get the item back to the seller. The seller then has 14 days in which to refund you the amount you paid for them. Variations to this are if you have ordered more than one item within an order, or an item consists of multiple parts, which are delivered at different times, then the 14 days initial cancellation period starts 14 days after the last item has been delivered. So in theory, you could have more than the 14 days cancellation + 14 days return for the first items you receive. So if the last item takes 30 days to be delivered, then you have 30 days delivery time + 14 days cancellation + 14 days to return item to seller = 58 days in total for the first items delivered. This info can be found here (www.legislation.gov.uk/uksi/2013/3134/regulation/30/made). Further to this, the seller has a legal obligation to state your cancellation rights and many more rights, and caneven be fined for not doing so. In this case you could have up to 12 months to cancel the goods (www.legislation.gov.uk/uksi/2013/3134/regulation/31/made). Of course, there is a different Law covering faulty goods, in which you have a short time right of 30 days to cancel the contract.
Fantastic. I've been trying to find research for months to clarify explanations for the Consumer Rights Act 2015. Which, although it's been improved, it's also been made more complicated. Thanks for the clear explanations. Retailers are certainly pushing consumers to dealing with manufacturers directly due to faults within warranty, which I experienced with my TV. I also use the basis of the relatively new laws to reject sales of "insurance" for faults on a product beyond their warranty, with comments dismissing the cover we now have for up to 6 years, even if we have to prove it.
What's this, humour coming into your videos 😆 nice touch made me chuckle 😃 That aside the content of today's video was excellent. Really interesting and informative as always.
Great video from an intelligent man. I'm not the biggest fan of the law but that was due to lower intelligence in this subject, thank you for helping us understand. Keep up the good work and good luck to you:)
Thank you for the video. In reality it is very different. Online purchasers are protected and the process to get a refund etc is made extremely hard. If you buy locally, again the retailer and the manufacturer doing the warranty make it very hard to progress anywhere. Warranties usually are only progressed if you wave your consumer rights just to get them to investigate the fault. And of course the great AAAC and Fair Trading are absolutely pathetic in supporting the customer. I am in no way in the opinion that I have any consumer rights in Australia.
Glad you enjoyed it! Especially the fruity joke which I was in two minds about including! I thought hey, it's Friday, everyone needs a little light humour!
Have you ever tried to return something to sports direct? Bought some t-shirts that were on the incorrect hangers and I didn't check, took them back to store, where they didn't have my size and asked for my cash back, the store refused and said company policy is credit voucher only.
Great video. Useful to know also is if ordering tech equipment on line take a photo of thr item and its description incase of a descrepancy in the hardware on a computer for instance as I have recently experienced.
Great video. On the bit about “you need to speak to the manufacturer” Can you do one explaining what an agent is and who would be responsible then? “I am only an agent for xxx ltd, you need to speak to them”. What is the difference between an Agent and some company that just has a commercial agreement to sell their property.
Another great informative video. Question on the £20k car having a manufacturer acknowledged fault 3yrs after purchase. Surely there'd not be a right to return for full refund. How would/should they calculate?
How about having to show your receipt before leaving a shop? I went to Costco with the wife last month. We paid for our shopping together then she said she needed to go to the toilet. I said I would go outside and load up the car with the shopping while she went to the toilet. I was stopped at the door and was asked for the receipt, but she had it with her. I told the man this and he said I have to wait for her. I was still going to walk out the door anyway as I had paid for my shopping, so I said am I being detained, he said yes. She showed up about 5 minutes later and we were on our way. I was quite annoyed about the situation. Do they have the right to do this, or could I have just walked out door and ignored him?
Fantastic detailed and sage advice. I see BBB has a dislike for this video! If there is a genuine reason to dislike (in their opinion)…at least …have the spine to explain in the comments like an adult🙄. I wish YT would simply remove the dislike option, it gets abused by the childish!
A year on and I fell foul of right to return with Amazon…which prides itself on the fairest no quibble return policy. However, it was not Amazon’s fault directly. I wished to return an item well within the permitted time window. Clicking through the on-line procedure on their site…I get sent a return label to the original manufacturer in China….and the return postage, which is prohibitive, will not be refunded. There’s the catch….you WILL get your money back for the item…but it may cost you more than its worth to do so. This sometimes plays out differently and the on-line process may issue you a QR code which you take to a courier point in a participating shop, hand it all over and you get issued a refund by Amazon with zero costs to you. But not in this case….now because part of the order was not quite right, the third party supplier (probably the importer) has promised a replacement for the wrong part, but this is still far from the expected zero cost right to return.
I've been interested in consumer protection legislation ever since the original Distance Selling Regulations in 2000. Companies selling online were very slow to reflect the regulations in their T&Cs. Even now some large retailers still attempt to make the consumer fully responsible for returned goods up to receipt by the seller.
Amazon also do this with products....some products anyways. I bought an item for my business (pub), the item malfunctioned well within the manufacturers warranty and Amazon refused point blank to exchange/repair/replace it. Told me to go to the manufacturer. The manufacturer was in Germany.....have you tried conversing to a German. Our rules rules apply to them. So I had to buy a new one and I can foresee when this goes faulty I'm going to have the same issue.
Could you help me understand section 20, I'm part owner of my flat with a housing association, I put a significant amount down, the service charges are through the roof, but now after having the block of flats decorated they have slapped me with a £2k bill, which I can't pay. I'm on UC atm, I'm worried sick...I would like some advice please. Thank u.
Blackbelt B, thank you as always...quick question if Mr Tech bought a product and was told that the product could be used on PC or Laptop, wasnt given any information about connection but after getting the product home realises that the HDMI ports and the USB ports were B and not C type...they didnt tell mr tech about the 2 days returns and only gave a credit note/voucher for the full price of the product not refund to card? 🤔
PLEASE DO A VIDEO ON POLICE WARRANT CARDS AND WHEN THE MUST BE SHOWN What rights do we have to demand sight to prove they are a Constable and not someone impersonating a Constable
Love your work. Is there such a thing as a lemon law here in the UK? I bought a television four months ago and two of the three major circuit boards have failed. I am not interested in them mending these and want a full refund. Is this possible?
Question for Daniel: I bought a pair of bike tyres from a shop via eBay in December 2020. They sent the wrong tyres, agreed to a refund, stopped communicating before an arrangement had been made then disappeared from eBay. I initiated an eBay return using the mechanism provided but the case was closed after the time limit expired. Given the fault (incorrect item sent) was obviously always present and the seller claims to be unable to supply the item as described, am I not entitled for a full refund? If so, who should I contact and what is the process (or where can I get the appropriate info..)? Thanks.. (and thanks for all your other vids)
Hi, I need help with my log cabin purchase. After starting building the cabin we realised with a professional, the parts not gonna fit together which will prevent from finish the building. If we alter the too long parts, we should alter everything else. Did email and call the seller and show them the problem with photos within the 14 days. They refused the refund and collect because we painted the parts and the painting is the last step in they instruction. I said to them, we should pre treat the parts because they will sit on the foundation maybe in rain and impossible to paint afterwards. And I'm not want to sending back in the 14 days because I changed my mind, I do because the item is fauly.They partly agreed and offered replace of the wrong parts. But that's almost all the cabin. How can we get refund? I said to them I'm happy to take this to the court because we talk about £3000+ not £300. They said that's fine if I want to do, they still need to protect the money. My wife took two years loan for a faulty cabin. Where can I go for help?
If you buy a product and service package such as an asbestos test with sampling kit including gloves, goggles, mask and overall, can they refuse if the overalls are far too small?
I'm with in the 30 days and the retailer replaced the product, 42 days later over Christmas and New year I'm told im outside of 30 days terms and conditions so I can't have another replacement? Ive told the retailer under the consumer rights act 2015 that I can ask for a partial refund, they are refusing both, the ombudsman is saying that it has to be the same fault, both with the original and the replacement however because both are different I am not entitled to a partial refund
With the 14 day cooling of period if bought an item, such as a bicycle, online, would I still be able to return it even if I have assembled it and used it?
Hi, very informative. I had a strange experience at the end of last year I enquired about a pair of £1000 headphones from both John Lewis and Richer Sounds and was told on both occasions that if I changed my mind I would not be able to return them due to the Covid pandemic. They said that they now come under the context of hair products. Was that the truth?
Another great video. Could you tell me this... I bought a brand new camera from Ebay. The camera has not even been for sale for a year yet, it's a Sony ZV-1. The zoom stopped working. Sony would not honor the year guarantee as they said it was not from a 'dealer' I had to pay them £160 to get it fixed. There is nothing in their 12 month 'guarantee' that says anything about a 'dealer'. Were they in the wrong, in your opinion? Thanks
First point - look to who you paid for it (that's who your contract is with). Second point, did it stop working (and did you tell them) within the first six months? If so, they have little ground to refuse.
@@adliberate . Do bear in mind that ultimately your consumer rights are only as good as your ability to enforce them. Therefore where a costly purchase is concerned, make sure you purchase from a reputable trader.
Is this cooling period applicable to the COVID testing kits for returnees to the UK if bought via the Internet? This is because people are now cancelling their holidays abroad. Does the store's Terms and Conditions saying "no returns after issuing a home office reference number" trump the consumer rights act?
I have ongoing problems with my facial treatment machine. In January, it started to be created in Froblam. After 2 weeks, it was a delivery date clogged and recently sprayed a lot of liquid onto my client's face during a treatment it shouldn't have, which was dangerous. The liquid contains chemicals that shouldn’t get in the eyes, but luckily, my client wasn’t hurt. I have major issues with the machine more than 6 times, which the company is fully aware I’m not happy with the machine and asked the company for a refund, but they refused. Only willing to repair it, no matter how often fixed it, it keeps happening all the time, Do I have legal rights to a full refund?
What constitutes proof of purchase. I bought an item from Wickes (branded as their product so no dispute I could have bought it somewhere else) last September and it has failed after about 3 months. The store are refusing to offer a replacement because I don't have the receipt. I am sure some people keep receipts for everything, but is that realistic. They are also now asking if you want a receipt - if you don't take one how can you ever prove you bought it. Any thoughts on how I might persuade them to give me a replacement?
Hi. I would like to take issue with the statement "the product as faulty at the time of purchase" if the product was faulty at the time of purchase, then surly you would have rejected it there and them. Who in their right mind would purchase and keep a faulty product? I believe it's a case of a component not lasting a reasonable length of time!
How does this apply to purchases made online 6 months ago but only delivered today or even 6 months from today, does the right to return apply from the date of purchase or upon the date of delivery? Also how are pre-orders handled? An example (relevant to the world wide computer processor shortages), I pre-order a CPU or GPU two weeks before release date in November 2020 but I did not receive the goods until June 2021. On behalf of everyone you have helped with your videos I thank you very much!
What if you agree to a websites T&C's during a purchase and then notice the T&C's are out of date with current legislation and the company doesn't answer emails?
I bought a guitar that’s now just out of the year warranty. It didn’t stay in tune properly and there is a strange clunk when I use the whammy bar. I first thought, let it settle in, bad set up etc but I’ve just discovered that one of the screws attaching the neck is crooked and not providing a stable neck joint, clearly the source of the problems. My understanding is that this falls under defective manufacture and, as such, I’m entitled to give them one chance to repair or an exchange (the guitar isn’t made anymore so that’s academic) or a full refund. Am I correct in this analysis and would the written analysis of a guitar tech help if I’m forced to go to the small claims court, assuming the retailer doesn’t want to play ball? Thank you Sensei.
I sold a second hand item which stated non refundable and the buyer asked me to delay delivery for a month. He is now asking for a refund 3 weeks after the purchase was made, if he delayed delivery (even though I wanted to send it the next day) does it mean 14 days began from when I sold it to him ? So he is not eligible for a refund ?
Hi if I change my mind when buying something online within cooling off period….. does the law state a full refund I needed or can credit note be given?
I don’t get cooling off periods when there allowed to get around it. I recently bought car insurance. The next day I wanted to cancel it. I was told yes because of the cooling off period but I would be charged an admin fee of around £50. Surly this isn’t right.
What if I never got the recipt from a local bike shop n now he’s retired but I’ve spoken to him and he confirmed I were the one who bought the bike tyre 3 months ago yet I’ve contacted the bike tyre brand and they insist I need a receipt!!!! What about consumer law act 2015???
I reroofed a house for a customer and I kept the scaffold up for a 5 months whilst they had a survey . They had the report for 3 months and refused to share to disallow me chance to fix it so I took the scaffold down. They have refused to pay or share the report
Thanks you do amazing content on UA-cam to help people. Do you offer a consultation over the phone? I am a foreign nurse struggling to get certification in Uk. I am trying to get refund for service which I didn’t received. Thank you
Dear blackbelt barrister please help. My husband of deaf so I make all his Fone calls. We bought online from Aldi a compactor £300 worth and it was damaged on arrival so we sent it back but they keep no refunding us. They have had confirmation on 25/4/22 but still no refund and I keep calling and calling. What can I do as my husband is now having to pay credit card charges as they have taken more than 2 weeks as they promised. Your advice is most welcome thank you from mandy
Hi there, I'm having an ongoing dispute with an online retailer over 2 pairs of shoes I ordered. Tried them on the day they arrived and weren't as described. immediately contacted them the same day on email to request an RMA and refund as they aren't wearable. Was told by them that as these were discounted and, as stated in their Ts and Cs, they are unable to issue me with a refund or exchange. Am I correct in saying that they cannot contract me out of my rights under Consumer Law?
IM Fighting a battle with A.O, who pays for an inspection report if the report stats manufacturing fault after 2 years of fair use? They Offord a part refund but are dragging their feet on the £50 out of pocket expenses for the TV to be inspected. LCD screen developed a fault after 2 years, rendering it beyond ecomical repair. Thank you. Stress I could do without as recovering from serious heart problems and had a stroke in April this year.
I have bought an item online from a company in Birmingham. Within 14 days I have changed my mind and want to return it and have my money back. The company are saying I have to return it to their warehouse in China. Is this a "return"? It seems to me the cheap rejected items will never arrive because of customs and import duties. Do I have to pay those in China?
Great Channel! Mr Backbelt, Could you confirm to return something bought online if I simply don’t like the item is 14 days - Is that Callander days or working days? Cheers
I brought a van at 29 /05/21. I brought the van last Saturday.. 29.05.21. I have already insured it for one year.. In the next few days I will TAX it by the 07/06/21 The tax is going to cost me £157.25p.. and the TAX starts from the first day of the Month... . So Can I drive my van around for the first week in that month without any tax... Seeing as the road tax is back dated to the beginning of the month?
Can I ask your opinion on buying items, like bike saddles? (as you've got some bikes in the background). When you buy a saddle from most online cycle stores. They don't allow you to return it, if you've used it. The reason they give is they can't sell it as new. But the problem with items like a saddle, is you need to try it, to decide if it's suitable/comfortable. Should the customer be allowed to return the saddle, or is the shop right to reject a return? Thank you.
There's an exclusion that they might rely on here in r28(3)(a) CCR 2013: (3) The rights conferred by this Part cease to be available in the following circumstances- (a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
Very interesting. Thanks for this. Just out of curiosity does the phrase "sold as seen" hold any legal weight or is it an attempt to side step some of the nuances you've described?
What if I incur additional costs as a consequence of the faulty product? E.g. If I buy a part for my car and pay a garage to fit it only to have it go wrong, does the retailer have to pay my garage bill?
@@BlackBeltBarrister Excellent and very well done on the obvious consistent focus that's required to attain the success you have ,,,I study kenpo ,,,,,I wonder is there a connection on some level with martial arts and the law ,,,defence and prosecution .strategy ...origins of trial by combat...etc ....
@BlackBeltBarrister, with regard to the right to reject. Does this apply to software or games? Say there is a bug in a game and the studio state after a year that there is a bug and it has been there for a while, do you still have the right to reject?
Interesting video matey and what a coincidence you made it now. Just bought a mini 2 drone (21 days ago, price was £549, used a credit card to pay for it) and had issues with the gimbal as it was getting stuck. Contacted the manufacturer and they said it will need to be returned as it seems it is faulty. Have sent back to eBay seller. They said before they can offer replacement or refund they have to get their technicians to test the product to see if it is indeed faulty. What if they say it is not faulty, how would i get my refund (as I know it is faulty). Could I apply one of the laws you have mentioned in this video to get my money back?
Hi Daniel. If I buy something, it develops a fault within 30 days and I return it for an identical replacement product, does the new replacement have a new 30 day clock, or (like many retailers do) does the date of the original receipt count in respect of future faults?
Assuming you get a replacement immediately, the original 30 days is unchanged: s.22(7) If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either - (a) 7 days after the waiting period ends, or (b) if later, the original time limit for exercising that right, extended by the waiting period. (8) The waiting period- (a) begins with the day the consumer requests or agrees to the repair or replacement of the goods, and (b) ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.
I've always been curious about shopping online. What if you use the device/item, can you still return it? Say I bought a Tesla, can I return it after say 10 days? Also does the right to return start from the day of order or the day of arrival?
Great point. Looking at the Consumer Contract Regulations, it states "handling beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop." So if you are allowed a test drive at the dealership, you could argue that you were merely doing what you could do in a shop. Though, if you've put a few thousand miles on the clock, then you might struggle to convince a judge as it being a test drive :-). Also the right to return starts fro mthe date of delivery. Though if you have a multiple items in an order, or an item consists of multiple parts, which are delivered on different days, then your right to return starts when the last item is delivered.
Yes! A new car is defined as one that is not been registered not as one that has not been driven. You can have half a dozen people driving your new car before you get it with many miles on it,
Great, got the answers i wanted 👍and its also good to know you can legally refuse to get convid tested, and of course refusing the experimental convid vax also 👍
This has arisen with a person I know. What if you purchase audio products solely for conducting a review from which you will make a financial profit? In fact he never had an intention to buy the product whether liked it or not.
@@wilbearworks An advert is an "invitation to treat" (inviting you to make an offer) but may amount to a representation, which if false, could become a "false representation" allowing you to void the contract.
Video please on the background on the UK Supreme Court ruling (last year I believe) that people working in ASDA checkout can be paid the same as people working in the warehouse, due to it being the "same" job, I would love to know how these imbeciles actually came to that conclusion. And apparently, the ECJ decided the same thing sometime this week the same rule applies to Tesco staff.
Because, typically, an employer can say "we're shorthanded out back today, you're working in the warehouse", & your response is pretty much "OK Boss." Reverse if they're shorthanded on the checkouts. You're "A. Grunt" unless something makes you special (say forklift license required).
@@beardyface8492 ok, so in that case, someone that normally works at the checkout needs to work in the warehouse because they are short staff, they should get the warehouse rate of pay for the duration of the time they are working in the warehouse. It shouldn't be a blanket rule that people working in the checkout gets paid the same as the warehouse people. If the checkout people want the same pay all the time as the warehouse people, go work in the warehouse.
@@HostageK1ll3rHD The problem with that is when it's the other direction, & someone from the warehouse gets put on checkout, you'll suddenly be upset by a pay cut for the day. They're "the same" in that Joe Random off the street, or A Temp can be set on & do the job with minimal training. One may be more effort than the other, but neither is more skilled, & it tends to be skills that determine pay.
Lovely high quality video. While the government sits scratching its head as to why everybody is shopping online and won't go into the High Street to make these purchases. Where online goods are fresher than those that have been sitting in the shop for weeks, the High Street may have the entertainment value and you can have it now! Online is just business and you wait 2 days to 2 weeks for your items.
As far as I understood the Consumer Contracts Regulations 2013, if you buy online, you have 14 days in which to "notify" the seller that you wish to return the item. You then have a further 14 days in which to return that item. Therefore, in theory, you could have up to 28 days in which to get the item back to the seller. The seller then has 14 days in which to refund you the amount you paid for them. Variations to this are if you have ordered more than one item within an order, or an item consists of multiple parts, which are delivered at different times, then the 14 days initial cancellation period starts 14 days after the last item has been delivered. So in theory, you could have more than the 14 days cancellation + 14 days return for the first items you receive. So if the last item takes 30 days to be delivered, then you have 30 days delivery time + 14 days cancellation + 14 days to return item to seller = 58 days in total for the first items delivered. This info can be found here (www.legislation.gov.uk/uksi/2013/3134/regulation/30/made). Further to this, the seller has a legal obligation to state your cancellation rights and many more rights, and caneven be fined for not doing so. In this case you could have up to 12 months to cancel the goods (www.legislation.gov.uk/uksi/2013/3134/regulation/31/made). Of course, there is a different Law covering faulty goods, in which you have a short time right of 30 days to cancel the contract.
There used to be a guy on Jimmy Young's show on Radio 2 every Friday called 'The Legal Eagle' and I loved listening to him. Good advice and thank you.
Fantastic. I've been trying to find research for months to clarify explanations for the Consumer Rights Act 2015. Which, although it's been improved, it's also been made more complicated. Thanks for the clear explanations.
Retailers are certainly pushing consumers to dealing with manufacturers directly due to faults within warranty, which I experienced with my TV.
I also use the basis of the relatively new laws to reject sales of "insurance" for faults on a product beyond their warranty, with comments dismissing the cover we now have for up to 6 years, even if we have to prove it.
What's this, humour coming into your videos 😆 nice touch made me chuckle 😃 That aside the content of today's video was excellent. Really interesting and informative as always.
Glad you like it 😁👍
Brilliant
Very Informative and well presented as always.
Thank you.
My absolute pleasure.
Great video from an intelligent man. I'm not the biggest fan of the law but that was due to lower intelligence in this subject, thank you for helping us understand. Keep up the good work and good luck to you:)
I'm pleased to give you an interest in it that you would not otherwise have had. Your comment has made my evening, thank you.
Thank you for the video. In reality it is very different. Online purchasers are protected and the process to get a refund etc is made extremely hard. If you buy locally, again the retailer and the manufacturer doing the warranty make it very hard to progress anywhere. Warranties usually are only progressed if you wave your consumer rights just to get them to investigate the fault. And of course the great AAAC and Fair Trading are absolutely pathetic in supporting the customer. I am in no way in the opinion that I have any consumer rights in Australia.
Love LE CRUNCH at the beginning
Clever way how you've hid the power cable to the TV. YET ANOTHER CONCISE INFORMATIVE VID....
STAY WELL
Brian
Glad you enjoyed it! Especially the fruity joke which I was in two minds about including! I thought hey, it's Friday, everyone needs a little light humour!
Have you ever tried to return something to sports direct?
Bought some t-shirts that were on the incorrect hangers and I didn't check, took them back to store, where they didn't have my size and asked for my cash back, the store refused and said company policy is credit voucher only.
Great video. Useful to know also is if ordering tech equipment on line take a photo of thr item and its description incase of a descrepancy in the hardware on a computer for instance as I have recently experienced.
Great video. On the bit about “you need to speak to the manufacturer” Can you do one explaining what an agent is and who would be responsible then? “I am only an agent for xxx ltd, you need to speak to them”. What is the difference between an Agent and some company that just has a commercial agreement to sell their property.
Thank you very much for the upload.
This is an area of law that most of us will be needing at some point or other.
You're welcome
Another great informative video. Question on the £20k car having a manufacturer acknowledged fault 3yrs after purchase. Surely there'd not be a right to return for full refund. How would/should they calculate?
Where can all these acts/laws/regulations be found? Is there a website or something that lists this stuff that a consumer can download?
Subbed!
How about having to show your receipt before leaving a shop? I went to Costco with the wife last month. We paid for our shopping together then she said she needed to go to the toilet. I said I would go outside and load up the car with the shopping while she went to the toilet. I was stopped at the door and was asked for the receipt, but she had it with her. I told the man this and he said I have to wait for her. I was still going to walk out the door anyway as I had paid for my shopping, so I said am I being detained, he said yes. She showed up about 5 minutes later and we were on our way. I was quite annoyed about the situation. Do they have the right to do this, or could I have just walked out door and ignored him?
Fantastic detailed and sage advice.
I see BBB has a dislike for this video! If there is a genuine reason to dislike (in their opinion)…at least …have the spine to explain in the comments like an adult🙄. I wish YT would simply remove the dislike option, it gets abused by the childish!
A year on and I fell foul of right to return with Amazon…which prides itself on the fairest no quibble return policy. However, it was not Amazon’s fault directly. I wished to return an item well within the permitted time window. Clicking through the on-line procedure on their site…I get sent a return label to the original manufacturer in China….and the return postage, which is prohibitive, will not be refunded. There’s the catch….you WILL get your money back for the item…but it may cost you more than its worth to do so. This sometimes plays out differently and the on-line process may issue you a QR code which you take to a courier point in a participating shop, hand it all over and you get issued a refund by Amazon with zero costs to you. But not in this case….now because part of the order was not quite right, the third party supplier (probably the importer) has promised a replacement for the wrong part, but this is still far from the expected zero cost right to return.
I've been interested in consumer protection legislation ever since the original Distance Selling Regulations in 2000. Companies selling online were very slow to reflect the regulations in their T&Cs. Even now some large retailers still attempt to make the consumer fully responsible for returned goods up to receipt by the seller.
That bite made me smile
Brilliant and very informative. Thank you :)
B&Q should watch this video After the first 30 days they insist your contract is with the manufacturer snd try to dodge their obligations.
Wow, really?
Amazon also do this with products....some products anyways. I bought an item for my business (pub), the item malfunctioned well within the manufacturers warranty and Amazon refused point blank to exchange/repair/replace it. Told me to go to the manufacturer. The manufacturer was in Germany.....have you tried conversing to a German. Our rules rules apply to them. So I had to buy a new one and I can foresee when this goes faulty I'm going to have the same issue.
Could you help me understand section 20, I'm part owner of my flat with a housing association, I put a significant amount down, the service charges are through the roof, but now after having the block of flats decorated they have slapped me with a £2k bill, which I can't pay. I'm on UC atm, I'm worried sick...I would like some advice please. Thank u.
Only thing to add here is that returns timer start at the time you _take delivery_ and not from time the order was placed or paid for.
Actually, the following day!
Blackbelt B, thank you as always...quick question if Mr Tech bought a product and was told that the product could be used on PC or Laptop, wasnt given any information about connection but after getting the product home realises that the HDMI ports and the USB ports were B and not C type...they didnt tell mr tech about the 2 days returns and only gave a credit note/voucher for the full price of the product not refund to card? 🤔
PLEASE DO A VIDEO ON POLICE WARRANT CARDS AND WHEN THE MUST BE SHOWN
What rights do we have to demand sight to prove they are a Constable and not someone impersonating a Constable
Love your work. Is there such a thing as a lemon law here in the UK? I bought a television four months ago and two of the three major circuit boards have failed. I am not interested in them mending these and want a full refund. Is this possible?
It depends when you noticed and reported the fault and ask for a return! Check out my consumer videos / membership :)
What if I bought a watch with a perpetual calendar and it was impossible to detect that there was a fault with the calendar until after the 30 lapsed?
Faults on “reasonable inspection”, so this would surely not be.
Question for Daniel: I bought a pair of bike tyres from a shop via eBay in December 2020. They sent the wrong tyres, agreed to a refund, stopped communicating before an arrangement had been made then disappeared from eBay. I initiated an eBay return using the mechanism provided but the case was closed after the time limit expired. Given the fault (incorrect item sent) was obviously always present and the seller claims to be unable to supply the item as described, am I not entitled for a full refund? If so, who should I contact and what is the process (or where can I get the appropriate info..)? Thanks.. (and thanks for all your other vids)
Hi, I need help with my log cabin purchase. After starting building the cabin we realised with a professional, the parts not gonna fit together which will prevent from finish the building. If we alter the too long parts, we should alter everything else. Did email and call the seller and show them the problem with photos within the 14 days. They refused the refund and collect because we painted the parts and the painting is the last step in they instruction. I said to them, we should pre treat the parts because they will sit on the foundation maybe in rain and impossible to paint afterwards. And I'm not want to sending back in the 14 days because I changed my mind, I do because the item is fauly.They partly agreed and offered replace of the wrong parts. But that's almost all the cabin. How can we get refund? I said to them I'm happy to take this to the court because we talk about £3000+ not £300. They said that's fine if I want to do, they still need to protect the money. My wife took two years loan for a faulty cabin. Where can I go for help?
If you buy a product and service package such as an asbestos test with sampling kit including gloves, goggles, mask and overall, can they refuse if the overalls are far too small?
I'm with in the 30 days and the retailer replaced the product, 42 days later over Christmas and New year I'm told im outside of 30 days terms and conditions so I can't have another replacement? Ive told the retailer under the consumer rights act 2015 that I can ask for a partial refund, they are refusing both, the ombudsman is saying that it has to be the same fault, both with the original and the replacement however because both are different I am not entitled to a partial refund
With the 14 day cooling of period if bought an item, such as a bicycle, online, would I still be able to return it even if I have assembled it and used it?
No, item must be returned in original packaging / condition along with all accessories.
Yes, provided you disassemble it without damage
Hi, very informative. I had a strange experience at the end of last year I enquired about a pair of £1000 headphones from both John Lewis and Richer Sounds and was told on both occasions that if I changed my mind I would not be able to return them due to the Covid pandemic. They said that they now come under the context of hair products. Was that the truth?
Another great video. Could you tell me this... I bought a brand new camera from Ebay. The camera has not even been for sale for a year yet, it's a Sony ZV-1. The zoom stopped working. Sony would not honor the year guarantee as they said it was not from a 'dealer' I had to pay them £160 to get it fixed. There is nothing in their 12 month 'guarantee' that says anything about a 'dealer'. Were they in the wrong, in your opinion? Thanks
First point - look to who you paid for it (that's who your contract is with). Second point, did it stop working (and did you tell them) within the first six months? If so, they have little ground to refuse.
@@BlackBeltBarrister Thanks for your time and knowledge.
@@adliberate .
Do bear in mind that ultimately your consumer rights are only as good as your ability to enforce them.
Therefore where a costly purchase is concerned, make sure you purchase from a reputable trader.
@@grahvis ebay is most reputable Trader around and Sony is of some reputation also.
Is this cooling period applicable to the COVID testing kits for returnees to the UK if bought via the Internet? This is because people are now cancelling their holidays abroad. Does the store's Terms and Conditions saying "no returns after issuing a home office reference number" trump the consumer rights act?
I have ongoing problems with my facial treatment machine. In January, it started to be created in Froblam. After 2 weeks, it was a delivery date clogged and recently sprayed a lot of liquid onto my client's face during a treatment it shouldn't have, which was dangerous. The liquid contains chemicals that shouldn’t get in the eyes, but luckily, my client wasn’t hurt.
I have major issues with the machine more than 6 times, which the company is fully aware
I’m not happy with the machine and asked the company for a refund, but they refused. Only willing to repair it, no matter how often fixed it, it keeps happening all the time,
Do I have legal rights to a full refund?
What constitutes proof of purchase. I bought an item from Wickes (branded as their product so no dispute I could have bought it somewhere else) last September and it has failed after about 3 months. The store are refusing to offer a replacement because I don't have the receipt. I am sure some people keep receipts for everything, but is that realistic. They are also now asking if you want a receipt - if you don't take one how can you ever prove you bought it. Any thoughts on how I might persuade them to give me a replacement?
Hi. I would like to take issue with the statement "the product as faulty at the time of purchase" if the product was faulty at the time of purchase, then surly you would have rejected it there and them. Who in their right mind would purchase and keep a faulty product? I believe it's a case of a component not lasting a reasonable length of time!
How does this apply to purchases made online 6 months ago but only delivered today or even 6 months from today, does the right to return apply from the date of purchase or upon the date of delivery? Also how are pre-orders handled? An example (relevant to the world wide computer processor shortages), I pre-order a CPU or GPU two weeks before release date in November 2020 but I did not receive the goods until June 2021. On behalf of everyone you have helped with your videos I thank you very much!
The cooling-off period starts the day after you receive your order.
Hi Within the first 6 months what is an acceptable wait time for a repair to be completed
What if you agree to a websites T&C's during a purchase and then notice the T&C's are out of date with current legislation and the company doesn't answer emails?
I bought a guitar that’s now just out of the year warranty. It didn’t stay in tune properly and there is a strange clunk when I use the whammy bar. I first thought, let it settle in, bad set up etc but I’ve just discovered that one of the screws attaching the neck is crooked and not providing a stable neck joint, clearly the source of the problems. My understanding is that this falls under defective manufacture and, as such, I’m entitled to give them one chance to repair or an exchange (the guitar isn’t made anymore so that’s academic) or a full refund. Am I correct in this analysis and would the written analysis of a guitar tech help if I’m forced to go to the small claims court, assuming the retailer doesn’t want to play ball? Thank you Sensei.
Essentially, yes!
I sold a second hand item which stated non refundable and the buyer asked me to delay delivery for a month. He is now asking for a refund 3 weeks after the purchase was made, if he delayed delivery (even though I wanted to send it the next day) does it mean 14 days began from when I sold it to him ? So he is not eligible for a refund ?
Hi if I change my mind when buying something online within cooling off period….. does the law state a full refund I needed or can credit note be given?
I don’t get cooling off periods when there allowed to get around it. I recently bought car insurance. The next day I wanted to cancel it. I was told yes because of the cooling off period but I would be charged an admin fee of around £50. Surly this isn’t right.
If you want a reply turn on your reply option.
What if I never got the recipt from a local bike shop n now he’s retired but I’ve spoken to him and he confirmed I were the one who bought the bike tyre 3 months ago yet I’ve contacted the bike tyre brand and they insist I need a receipt!!!! What about consumer law act 2015???
I reroofed a house for a customer and I kept the scaffold up for a
5 months whilst they had a survey . They had the report for 3 months and refused to share to disallow me chance to fix it so I took the scaffold down. They have refused to pay or share the report
Thanks you do amazing content on UA-cam to help people. Do you offer a consultation over the phone? I am a foreign nurse struggling to get certification in Uk. I am trying to get refund for service which I didn’t received. Thank you
Dear blackbelt barrister please help. My husband of deaf so I make all his Fone calls. We bought online from Aldi a compactor £300 worth and it was damaged on arrival so we sent it back but they keep no refunding us. They have had confirmation on 25/4/22 but still no refund and I keep calling and calling. What can I do as my husband is now having to pay credit card charges as they have taken more than 2 weeks as they promised. Your advice is most welcome thank you from mandy
Hi there, I'm having an ongoing dispute with an online retailer over 2 pairs of shoes I ordered. Tried them on the day they arrived and weren't as described. immediately contacted them the same day on email to request an RMA and refund as they aren't wearable. Was told by them that as these were discounted and, as stated in their Ts and Cs, they are unable to issue me with a refund or exchange. Am I correct in saying that they cannot contract me out of my rights under Consumer Law?
IM Fighting a battle with A.O, who pays for an inspection report if the report stats manufacturing fault after 2 years of fair use? They Offord a part refund but are dragging their feet on the £50 out of pocket expenses for the TV to be inspected. LCD screen developed a fault after 2 years, rendering it beyond ecomical repair. Thank you. Stress I could do without as recovering from serious heart problems and had a stroke in April this year.
I have bought an item online from a company in Birmingham. Within 14 days I have changed my mind and want to return it and have my money back. The company are saying I have to return it to their warehouse in China. Is this a "return"? It seems to me the cheap rejected items will never arrive because of customs and import duties. Do I have to pay those in China?
what about buying from a private seller on eBay?
That was a very nice crunchy 🍏.
What if goods are bought on line from what appears to be a UK website but turns out to be overseas?
Great Channel!
Mr Backbelt, Could you confirm to return something bought online if I simply don’t like the item is 14 days - Is that Callander days or working days?
Cheers
Calendar, from the day after you receive it
I brought a van at 29 /05/21. I brought the van last Saturday.. 29.05.21. I have already insured it for one year.. In the next few days I will TAX it by the 07/06/21 The tax is going to cost me £157.25p.. and the TAX starts from the first day of the Month... . So Can I drive my van around for the first week in that month without any tax... Seeing as the road tax is back dated to the beginning of the month?
Can I ask your opinion on buying items, like bike saddles? (as you've got some bikes in the background).
When you buy a saddle from most online cycle stores. They don't allow you to return it, if you've used it.
The reason they give is they can't sell it as new.
But the problem with items like a saddle, is you need to try it, to decide if it's suitable/comfortable.
Should the customer be allowed to return the saddle, or is the shop right to reject a return?
Thank you.
There's an exclusion that they might rely on here in r28(3)(a) CCR 2013:
(3) The rights conferred by this Part cease to be available in the following circumstances-
(a)in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
@@BlackBeltBarrister Thank you very much for the reply.
Very interesting. Thanks for this. Just out of curiosity does the phrase "sold as seen" hold any legal weight or is it an attempt to side step some of the nuances you've described?
It won't remove consumer rights in relevant sales and even in private sales it won't override fraudulent misrepresentations
Top Video
What if I incur additional costs as a consequence of the faulty product? E.g. If I buy a part for my car and pay a garage to fit it only to have it go wrong, does the retailer have to pay my garage bill?
Costs arising from breach of contract
Excellent,I'm also studying law and I'm a Black Belt over 20 years in Ireland ,,what martial art do you study ?
Taekwon-Do and Close-Quarters Combat (see POLARM)
@@BlackBeltBarrister Excellent and very well done on the obvious consistent focus that's required to attain the success you have ,,,I study kenpo ,,,,,I wonder is there a connection on some level with martial arts and the law ,,,defence and prosecution .strategy ...origins of trial by combat...etc ....
@BlackBeltBarrister, with regard to the right to reject. Does this apply to software or games? Say there is a bug in a game and the studio state after a year that there is a bug and it has been there for a while, do you still have the right to reject?
Interesting video matey and what a coincidence you made it now.
Just bought a mini 2 drone (21 days ago, price was £549, used a credit card to pay for it) and had issues with the gimbal as it was getting stuck.
Contacted the manufacturer and they said it will need to be returned as it seems it is faulty.
Have sent back to eBay seller. They said before they can offer replacement or refund they have to get their technicians to test the product to see if it is indeed faulty.
What if they say it is not faulty, how would i get my refund (as I know it is faulty). Could I apply one of the laws you have mentioned in this video to get my money back?
A chargeback with evidence that it is faulty would be the quickest way
@@BlackBeltBarrister thank you for that
Hi Daniel. If I buy something, it develops a fault within 30 days and I return it for an identical replacement product, does the new replacement have a new 30 day clock, or (like many retailers do) does the date of the original receipt count in respect of future faults?
Assuming you get a replacement immediately, the original 30 days is unchanged:
s.22(7) If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either
-
(a) 7 days after the waiting period ends, or
(b) if later, the original time limit for exercising that right, extended by the waiting
period.
(8) The waiting period-
(a) begins with the day the consumer requests or agrees to the repair or replacement of the goods, and
(b) ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.
@@BlackBeltBarrister thank you.
I've always been curious about shopping online. What if you use the device/item, can you still return it? Say I bought a Tesla, can I return it after say 10 days? Also does the right to return start from the day of order or the day of arrival?
Great point. Looking at the Consumer Contract Regulations, it states "handling beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop." So if you are allowed a test drive at the dealership, you could argue that you were merely doing what you could do in a shop. Though, if you've put a few thousand miles on the clock, then you might struggle to convince a judge as it being a test drive :-). Also the right to return starts fro mthe date of delivery. Though if you have a multiple items in an order, or an item consists of multiple parts, which are delivered on different days, then your right to return starts when the last item is delivered.
Yes! A new car is defined as one that is not been registered not as one that has not been driven. You can have half a dozen people driving your new car before you get it with many miles on it,
Great, got the answers i wanted 👍and its also good to know you can legally refuse to get convid tested, and of course refusing the experimental convid vax also 👍
This has arisen with a person I know. What if you purchase audio products solely for conducting a review from which you will make a financial profit? In fact he never had an intention to buy the product whether liked it or not.
why is the returns policy different regarding online vs shops?
Because you haven't had an opportunity to inspect/examine the goods purchased online.
What about when they say you have to return the item in its original package. Not everyone has the space to store all these boxes for 6 months.
Meaningless if the product is simply faulty/not fit for purpose
Where does this law stand with ok online car purchases. Many offer only 7 days to return the car and yet it is an online sale?
Hows about products that stop working three years on because they stop updating the app
Great video again. If I buy a vehicle and it's not as advertised can I ask for a refund for the return of the vehicle?
If it doesn’t conform to the contract, yes!
@@BlackBeltBarrister Thank you,
@@BlackBeltBarrister Does an advert form part of the contract?
@@wilbearworks An advert is an "invitation to treat" (inviting you to make an offer) but may amount to a representation, which if false, could become a "false representation" allowing you to void the contract.
@@BlackBeltBarrister Thank you so much for taking the time to reply, You are a true gentleman.
the katana display stand looks like a guitar stand..
🧑⚖ 👩⚖ 👨⚖ 👩⚖ 👍👍👍
Thankyou for doing this very helpful ! Good God you have some bite the way you bit that apple! 😂🤪
😂
why does your Tv Soundbar look like a sword? ;-)
Yes, strange that! It's quite sharp, too! ;-)
Video please on the background on the UK Supreme Court ruling (last year I believe) that people working in ASDA checkout can be paid the same as people working in the warehouse, due to it being the "same" job, I would love to know how these imbeciles actually came to that conclusion. And apparently, the ECJ decided the same thing sometime this week the same rule applies to Tesco staff.
Because, typically, an employer can say "we're shorthanded out back today, you're working in the warehouse", & your response is pretty much "OK Boss." Reverse if they're shorthanded on the checkouts.
You're "A. Grunt" unless something makes you special (say forklift license required).
@@beardyface8492 ok, so in that case, someone that normally works at the checkout needs to work in the warehouse because they are short staff, they should get the warehouse rate of pay for the duration of the time they are working in the warehouse. It shouldn't be a blanket rule that people working in the checkout gets paid the same as the warehouse people. If the checkout people want the same pay all the time as the warehouse people, go work in the warehouse.
@@HostageK1ll3rHD The problem with that is when it's the other direction, & someone from the warehouse gets put on checkout, you'll suddenly be upset by a pay cut for the day. They're "the same" in that Joe Random off the street, or A Temp can be set on & do the job with minimal training. One may be more effort than the other, but neither is more skilled, & it tends to be skills that determine pay.