caveat emptor: getting ripped off

Well, a colleague of mine bought a pair of wet-look leggings from American Apparel-Not exactly an impulse buy, but at east one where opinions were voiced: some gave her the green-light for the daring piece of attire while others were less enthusiastic: it was to be worn at a birthday party.

Hey, no sweat though, right? if you change y

our mind at the last minute, as long as you've got the receipts- take it back in a "sellable" condition i.e. minus fag smell, foundation and bronzer stains, and any fashion faux-pas and damage to your wallet is forgiven...

   WRONG! Newsflash, people, in these times of strife and hardship, many stores have changed their return and exchanges policies. American Apparel gave her a credit note for 31 squids, and she is now looking for someone who is interested in purchasing it off of her. DO ask the salesladies before you hand them your card even if you are the least bit unsure. Gone are the days of dashing in for a 5:55pm sunday fashion fix, to try on at home and return after work on monday if it looks dodgy. Is this legal you ask?

Unfortunately, SOGA ( Sales of Goods Act 1979) only requi

res that goods "conform to contract". This means they must be as described,

fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale). Refunds must be asked for "within a reasonable time". -This is not defined and will depend on circumstances. These are the so-called "statutory rights"-which is a right to legal action under SoGA in theory lasting six years, subject to exceptions generally means that you can make a law suit against the retailers or manufacturers for unsatisfactory goods. This is why you often see on the consumer guarantees or "feedback wanted" part on the side of boxes the terms "This does not affect your Statutory rights"

So the policies that stores have maintained, giving a 28-day window of opportunity to return 'unsuitable' goods, which can certainly cover clothes that don't suit you/aren't the right size or if you simply change your mind, have merely been offered out of their 'own good nature'.

hmm...imagine that... conglomerates... good nature, cute. It is actually economically advantageous for shops to compete to satisfy customers: hence the competitive over-generous no-quibble-money back guarantees. The whole 

thing ran on credit anyway: as long as end of week sales show a figure indicating profit, it didnt really matter if they had to authorise refunds later: all on another page of the accounts sheet.

NOW that the economy isn't doing so well, some stores have changed theire returns policies, so be very careful to ask or read the fine prints:

HMV.COM for example no longer accept exchanges on unwanted items, but still gives 21 days to refund unwanted items that are sent back to them at your own cost:

Figleaves.com from last Xmas onwards no longer accepted returns on reduced-price items; and mustbe in original packaging, unworn.

For purchases made online, over the phone, via mail or digital TV there is extra protection provided by the Distance Selling Regulations. A compulsory 7 days is given for buyers to 'inspect' the goods and decide if or not they are suitable. If not, buyers must 'notify' the seller of their decision to cancel.

Watch out though, some online retailers will often not refund the postage costs, and will also force you to pay for the cost to return the goods, which may be required to be posted by a defined carrier. And even then, "proof of postage" is not always "proof of receipt"

The regulations also have their exceptions: they do not apply to

• goods bought in an auction (so not to ebay!)
• customised goods
• perishable goods- food and flowers
• CDs, DVDs, Software if unsealed
• betting and the lottery

So who the hell would sit around and sue Kellogs for a grain of sand in their cereal? My best advice is: caveat emptor: buyer beware, read or ask before you buy!

Here are some sites and some examples of their offer return policies:

http://www.asos.com: clothing, offers 14 day full refunds if clothes returned in saleable condition. Buyer is to pay for postage back, and must be sent by recorded mail.

http://www.yoox.com: clothing, offers 28 day money-back guarantee and! there is UPS paid returns sticker included: kudos!

amazon.co.uk has a complex returns policy, depending on the size of goods, the ones returned and the mode of return. Read carefully; most marketplace purchases also require buyers to pay for returns: if they accept any at all

Some brands that I am aware of that do NOT accept returns: (only exchanges)

Office shoes- in fact MOST shoe retailers do not hardly ever give out refunds

American Apparel

Benetton

Guess