Reader’s question
I am looking to buy a refurbished Aga cooker on eBay and have found a company with great reviews which specialises in refurbished ranges. The company will deliver it to my home, but I am nervous that they specify that they do not accept returns. I am confident that the measurements are accurate, but if it arrives on the day and I don’t like the colour I would like the option to return it — I will be saving a lot of money buying it second hand but it is still more than £1,300.
I was under the impression that companies had a legal obligation to accept returns within a certain timeframe, is that not the case?
Hannah, Somerset
Martyn responds
You’re right to be concerned about a business or individual with a flat ‘no returns’ policy. In fairness though, buying an Aga is a bit different to purchasing a t-shirt. You can’t just pop it down to the Post Office if you’ve decided that it’s not your thing. So it’s not surprising that the seller may be reluctant to accept returns of perfectly good items.
You may be able to reach an agreement with the seller before you commit to buying the cooker. But before you do, it’s important to understand your rights when it comes to returning goods – and what the law says about buying second-hand items from businesses or individuals.
The most important factor here is: why are you returning the item? If there is a problem with the Aga then you have a right to return it, no matter what the seller says. However, if you’ve changed your mind when the cooker arrives and there’s nothing wrong with it, then you may be able to return the item within 14 days from receipt of the goods… but only if you bought from a business, not an individual.
The Consumer Contract Regulations gives you the right to cancel contracts when you buy online within 14 days. You don’t have this right if you buy the goods from a shop on a high street – it’s strictly online purchases or things sold to you ‘at a distance’. If there’s nothing wrong with the goods and they have been dispatched, you’d usually have to pay for the cost of the return, unless the shop lets you off the hook.
There are a number of exemptions however, from personalised items to many holiday and travel agreements. One notable exception to this right to return within 14 days is when you buy from private individuals. It can sometimes be hard to determine who is a private individual selling their own things occasionally and who is a business when shopping online. On eBay, businesses must be clear in their listings that they are not private sellers. You can find out more about the rules on the eBay business seller policy.
If the Aga seller is a business, you can contact them through eBay and ask them about your right to return the goods under the Consumer Contract Regulations. In my experience though, this tends to rub businesses up the wrong way. Better to get in touch and explain your concerns. The seller wants you to buy their goods, so they should be able to provide the reassurance you need, from extra information about dimensions to further photographs of the product.
However, if the Aga turns up and is not as advertised or doesn’t work properly, you are entitled to a full refund if you complain within 30 days. This includes the costs of returning the item.
The law applies to second hand goods or services and states that the purchase must be ’of satisfactory quality, as described and fit for purpose’. In addition, the goods must last ‘a reasonable amount of time’.
If you feel that the Aga has breached the Consumer Rights Act, eBay has a dispute resolution service, known as the ‘eBay Money Back Guarantee policy’.
Things are a little different when you buy from a private seller. The goods must be ‘as described’ but the seller doesn’t have to list every fault either. So a ‘jacket with some marks’ should be just that. The seller can’t claim the jacket is new though as that would be untrue.
In short, if you have any concerns about online purchases and returns, get the business to address your questions in writing before you commit to purchase. This could come in useful if you need to complain further down the line.
https://www.thetimes.com/money/article/could-i-return-my-2000-aga-if-dont-like-it-0b2qgsrfp