A shop tells me that returns must be received within 14 days of delivery - is this true?
Q. I recently ordered an expensive dress from an Irish online shop, but unfortunately, it didn’t fit. I contacted the retailer and returned it around 12 days after it arrived. However, the shop has since told me that returns must be received within 14 days of delivery and that I can only get an exchange, not a refund. Is this correct?
- Caroline, Co Wexford
The good news is that when you shop online, you have additional consumer rights, including the right to change your mind about most purchases.
Under the Consumer Rights Act 2022, you generally have 14 days from the day you receive your order to cancel an online purchase, without having to give a reason. This is known as the ‘right to cancel’ and applies even if there’s nothing wrong with the item.
Importantly, the 14-day period is the deadline for telling the retailer you want to cancel, not for the item to arrive back at the shop. You must notify the retailer that you wish to cancel within 14 days of receiving your order. You can do this by email, post or using the retailer’s cancellation form. It’s always a good idea to put it in writing so you have a record if there’s a dispute.
Once you’ve notified the retailer, you then have a further 14 days to return the item. So, provided you informed the shop that you wanted to cancel within the initial 14-day period, you should be entitled to a refund rather than being limited to an exchange or store credit. A retailers own returns policy cannot take away your statutory rights.
Once you’ve cancelled, the retailer must refund you within 14 days. However, they can wait until they’ve received the returned item or you’ve provided proof that you’ve sent it back, whichever happens first.
Retailers are also required to explain your right to cancel and how to exercise it before you make an online purchase. This information should be available on their website.
The best place to start is to make a complaint in writing to the retailer. Explain when you received the dress, when you notified them of your decision to return it and when you posted it back. Include any relevant emails, order confirmations or proof of postage, and clearly request a refund under your statutory cancellation rights.
If you paid by card, you could also contact your bank to see if a chargeback is possible. Alternatively, you could consider the Small Claims procedure, which costs €25 and allows consumers to resolve certain disputes without needing a solicitor.
You can also report the matter to the CCPC. The CCPC uses reports from consumers to help identify businesses that may not be complying with consumer protection law.
