Advice for retailers about their customers' rights
Based on typical enquiries received about shopping problems, we have compiled this list of answers to commonly asked questions.
We want to help local businesses get it right. If you don’t find the answer to your query and you are a local business please contact us.
Frequently asked questions
A customer has bought something from my shop but comes back a few days later saying they have changed their mind about it. Do I have to do anything?
No. A consumer only has a legal right to a repair, refund or exchange if what they buy is faulty, misdescribed or not fit for the purpose they specifically requested. Some shops may operate a 'no fault' exchange policy but it is a matter of commercial policy.
An item that a customer wishes to buy is the last display model in the shop but I do not want to spoil the sales display. Can the customer insist that I sell the display model?
No. The decision whether or not to sell is yours but you must not treat customers unfairly.
An item in my shop is wrongly priced. Mistakenly the price ticket is marked lower than the real price. Do I have to sell the item?
No. Goods on sale are there for the customer to offer to buy. You do not have to accept their offer. However, it is a criminal offence to give false information about the price of an item. If such a mistake does occur you may wish to sell it at the lower price as a gesture of goodwill.
A customer doesn't produce a receipt. Do I have to do anything even if the goods are faulty?
Yes. There is no legal requirement to provide or produce a receipt. A customer needs to be able to provide proof of purchase, but this can be a credit card voucher, cheque stub or anything that indicates when and where the item was bought.
The manufacturer offers a guarantee. Can I refer the customer straight to them?
No. Your customer's statutory rights are with you. A guarantee offered by the manufacturer is in addition to such rights. A customer can choose whether they pursue you or the manufacturer. You in turn may have rights against your supplier.
I sell sale goods or seconds. Surely the customer doesn't have the same rights against me as they would have if they had bought new or perfect goods?
Yes they do. The same rights apply if the goods are in the sale or seconds, although such considerations as price and age would be taken into account. However, If particular faults are properly drawn to the customer's attention before the sale is made then they cannot complain about them later.
A customer comes back to me about faulty goods purchased from me three years ago. Do I have to do anything?
Possibly. A customer has up to six years to make a claim against a trader for breach of contract. Your obligation to do anything would depend upon the product and the prevailing circumstances. Generally, the longer the period between the purchase and the fault arising, the stronger your case.
I accept a deposit for goods but then the customer changes their mind. Do I have to return the deposit?
In most cases, no. Deposits are usually non-refundable, because the customer is in breach of contract by wishing to withdraw from the contract. However, there are a few exceptions relating to credit agreements signed off trade premises and contracts as a result of an unsolicited visit to a customer's home. You should make the customer aware at the time the deposit is paid how much of it is non-refundable.
Someone asks me for a quotation. Is this different from an estimate?
Yes. A quotation is normally a fixed price, while an estimate is generally a rough guess of what the work would cost. The estimate should not be too far out though and if there is going to be an increase in an estimated price, you should make the customer aware as soon as possible.
I put a notice in my shop stating that I don't give refunds in any circumstances. Is this OK?
No. It is illegal to try to exclude a customer's statutory rights and you could be prosecuted. However, you can make it clear that you don't offer a policy relating to the return of goods where the customer has changed their mind about wanting the goods.
A customer rings me to say that the TV they bought from me last week is defective but she isn't prepared to return it to my shop. Do I have to do anything?
Yes. If the customer can justify their claim and they haven't accepted the product (e.g. by trying to repair it themselves), it is sufficient for them just to give notice of rejection and allow you any reasonable opportunity to collect the TV.
I take in goods for a service (e.g. dry-cleaning / TV repair) and the customer fails to collect them. Must I store them forever?
No. It is advisable to have a notice up in the shop which is easily visible to your customers, telling them how long you are prepared to keep the goods and how you intend to dispose of the goods after that time.
I give a customer a credit note and they cannot find anything they want. Do I have to then offer a refund, and for how long should the credit note run?
No. Once a credit note has been issued, even if it cannot be used, you don't have to offer a refund. You can determine how long you wish it to run for but you should make it clear to the customer.
A customer insists on a replacement but the item is no longer manufactured and I have none in stock. Must I get an exact replacement?
No. You can offer the customer a repair, a reduction in the price or allow them to rescind the contract. They have to choose one of these instead (unless the fault is such that they can still reject the goods and get a full refund from you).
I cannot ascertain whether an item is faulty or whether it has failed due to misuse. Do I still have to do anything?
Yes. Within the first six months of purchase, the onus is on you to prove why the fault occurred. It is reasonable for you to return it to the manufacturer for a second opinion. After six months, the onus is on the customer, but it may still be considered reasonable for them to require you to send it back to the manufacturer.
A customer states a specific date for delivery of goods and I fail to deliver them on time. Does the customer have the right to cancel the contract?
Yes. If the customer has made time of the essence and you have failed to comply, they can treat this as breach of contract and cancel the contract.