Returning goods: your legal rights FAQs

Faulty gift

A friend bought me an MP3 player as a birthday present but it doesn't work. The shop he bought it from said they won't take it back because I didn't buy it from them. Can they do this?

It depends on what your friend said to the shop when he bought the MP3 player. If he made it clear when he was buying it that it was a present, then you could argue that the Contracts (Rights of Third Parties) Act 1999 gives you the same legal rights as your friend had.

And since the player is probably not of 'satisfactory quality', you would have the right to get a refund, repair or replacement.

But if (as is likely), your friend simply bought the player as if it were for him, you do not have the same legal rights.

You could either try to claim under the manufacturer's guarantee, or ask your friend to take the player back to the shop. As it doesn't work, he should be able to get a refund, repair or replacement. 

For more, see our guide to returning unwanted gifts.

Returning duplicate items

Our old toaster stopped working this morning so I picked up a new one on the way to work. Unfortunately my wife had the same idea; can I take the one I bought back?

Shops don't have to accept returns just because you've changed your mind or bought too many, although some shops will. 

If either the store you bought from, or the one your wife bought from, does allow items to be returned for a refund, then they must stick by these rules. So check their policy, and if it says they allow refunds, they should give you one in this case. 

Returning unwanted items

I bought a CD from an online retailer but now I've listened to it I really don't like it. I'd heard that you can get your money back if you buy things over the internet: is this right?

As a rule, this is true but unfortunately there are some exceptions – including CDs or DVDs on which you've broken the wrapper. You also can't return perishables (like food), magazines or newspapers, and personalised items. 

The only time you can return a CD or DVD on which you've broken the wrapper is if it is faulty - you should then be able to get a refund or replacement. 

Lost receipt

I bought a coat from a major chain four months ago, and it has started to fall apart. I've taken it back but they refuse to do anything as I don't have the receipt. Normally I'd understand, but it's an own-brand product so I couldn't have bought it anywhere else. Don't they have to deal with the problem?

You don't need a receipt to be able to return faulty goods, all you need to do is prove that you bought it from the seller. As the coat is an own-brand, it's clear that you did.

However, the date you bought the coat is also important. If the coat was clearly one of the store's recent designs, you should have a strong argument to say it wasn't of satisfactory quality, and be entitled to a refund, replacement or repair.

If the coat was of a design that the store had sold for years, you may also need a credit card or bank statement that with the purchase on it to show the store when you bought it.