Poor distance selling compliance
Understanding your rights to return an online purchase is one thing. Actually exercising those rights when a retailer resists is another. This article looks at the practical difficulties consumers encounter when trying to return large items – including white goods appliances – under the Consumer Contracts Regulations, and how to handle common retailer tactics. Read the main guide first: returning appliances under distance selling regulations.
Retailers cannot charge a percentage-based return fee, insist on original packaging, or use their terms and conditions to override your statutory 14-day cancellation right. If a return charge is claimed, it must reflect only the actual cost of collection – not a profit opportunity. Any return charge that seems disproportionate can and should be challenged.
Why Large Items Are Harder to Return in Practice
The Consumer Contracts Regulations exist specifically because online purchases cannot be assessed the same way as in-store purchases. With a large item – whether a white goods appliance, a sofa, or bulky furniture – a photograph simply cannot convey dimensions, weight, ergonomics, or practical suitability. A consumer may order in good faith and only discover on delivery that the product is unsuitable.
This is exactly the scenario the 14-day cancellation period is designed to address. Retailers are not permitted to use their returns policies to make exercising this right so costly or inconvenient that consumers give up.
In practice, however, some retailers – particularly smaller ones – do attempt to use tactics that put consumers off returning goods. Being aware of these in advance makes it much easier to challenge them.
Percentage-Based Return Charges Are Not Lawful
A retailer is entitled to charge the consumer for the direct cost of returning a large item – but only the actual cost of collection, not an arbitrary or profit-generating figure. A percentage-based charge – such as 15% of the purchase price – is not a lawful reflection of return costs and can be challenged.
To illustrate why: a percentage charge means a small, light, expensive item would cost significantly more to return than a large, heavy, cheap one. This clearly bears no relationship to the actual logistics of collection. Percentage charges are better understood as a deterrent or a profit mechanism, not a genuine cost recovery figure.
Be aware that return costs for large appliances will often be higher than the original delivery charge, because delivery to the consumer is frequently subsidised or offered free as a commercial incentive. The true cost of collection may legitimately be more than you expect – but it must still reflect the actual cost, not a percentage of the sale price.
Retailers Cannot Insist on Original Packaging
It is common to see terms and conditions requiring that returned items be in their original packaging. This requirement is not enforceable as a condition of exercising a cancellation right under the Consumer Contracts Regulations.
However, a retailer can make a deduction from any refund if the product has been damaged – including damage caused by inadequate packaging during return. If the item arrives back damaged because it was not properly protected, the consumer may receive a reduced refund.
A related point worth noting: some delivery teams offer to take away packaging at the point of delivery. While this may seem like good service, it removes the packaging that would be used to return the item. If there is any possibility the item might need to be returned, keep the original packaging until the 14-day cancellation period has passed.
What Can a Retailer Deduct From a Refund?
The actual, reasonable cost of collecting a large item. A reduction in value if the product has been used beyond what was necessary to assess its suitability – for example, if an appliance has been used for several wash cycles rather than just inspected.
Percentage-based charges that do not reflect actual costs. Charges for normal inspection of a product. Withholding a refund because the original packaging is not available. Citing terms and conditions that attempt to override statutory cancellation rights.
A product returned in perfect unused condition should not attract any deduction for loss of value. If a retailer attempts to make such a deduction, ask them to explain specifically what value has been lost and how they have calculated it.
Check Terms and Conditions Before Ordering
Before purchasing a large or expensive item online – particularly from a smaller or less well-known retailer – it is worth reading the returns policy carefully. Some points to look for:
- ⚠️Outdated cancellation period: if a retailer’s returns policy still states 7 days rather than 14, they have not updated their policy to reflect current law. This is itself a breach of the regulations.
- ⚠️Percentage return charges: as above, these are not a lawful reflection of actual costs and can be challenged.
- ⚠️Original packaging clauses: not enforceable as an absolute condition of return, though a damaged item may attract a value deduction.
- ✅Large retailers generally have clearer, more consumer-friendly returns policies and are better equipped to absorb the cost of returns in exchange for retaining customer loyalty.
- ℹ️Smaller retailers may be more financially exposed by large-item returns and are more likely to have restrictive policies or to push back when a return is requested.
Returning Goods Under Distance Selling Versus Returning Faulty Goods
These are two entirely different rights with different rules. A return under the 14-day cancellation period applies to a product the consumer has changed their mind about – it does not have to be faulty. A return of a faulty or defective product is governed by the Consumer Rights Act and carries different obligations on both sides.
A retailer should have separate sections in their terms and conditions for each. If a retailer is conflating the two or applying faulty-goods rules to a cancellation return, this should be challenged. See: consumer rights when buying appliances.
Frequently Asked Questions
Can a retailer charge a percentage of the purchase price to return a large item?
No. A retailer may only charge the actual, reasonable cost of collecting the item. A percentage-based charge – such as 15% of the sale price – bears no relationship to actual collection costs and is not a lawful return charge under the Consumer Contracts Regulations. If faced with such a charge, ask the retailer to itemise the actual costs it represents. The charge can be challenged and negotiated down.
Can a retailer refuse to accept a return because I no longer have the original packaging?
No. A retailer cannot make the original packaging a condition of exercising a cancellation right under the Consumer Contracts Regulations. However, if a product is damaged on its return journey because it was not adequately protected, the retailer may make a deduction from the refund for the loss in value caused by that damage. If you no longer have the original packaging, protect the item carefully for return – the responsibility for damage during return transit may rest with you.
What can a retailer legitimately deduct from a refund when I return an item?
A retailer can deduct the actual cost of collecting the item if this has been clearly stated in their terms and conditions. They can also deduct for any reduction in the product’s value caused by use beyond what was necessary to assess its suitability. A product returned in perfect, unused condition should not attract any deduction. If a deduction is made, the retailer must be able to justify it specifically.
What if a retailer’s returns policy still says 7 days instead of 14?
The Consumer Contracts Regulations extended the cancellation period to 14 days. A retailer whose policy still states 7 days has not updated it to reflect current law – this is itself a breach of the regulations. Your legal right is 14 days regardless of what a retailer’s own policy states.
Is returning something under the 14-day right different from returning something faulty?
Yes – these are completely separate rights under different legislation. Cancellation under the 14-day period applies when you have simply changed your mind about a product that may be in perfect condition. Returning a faulty or defective product is governed by the Consumer Rights Act and involves different processes and obligations. A retailer should have separate terms for each. See: consumer rights when buying appliances.
Hello Geoff. Yes traders often just decide what they would prefer and try to impose it. Terms have to be reasonable of course and as in my case it was very unreasonable for their driver to offer to take our packaging away when they had a policy of insisting all returned goods must be in original packaging. The only requirement is that goods are received back undamaged.
Obviously it’s best to try and use the original packaging but any suitable packaging will do. It’s tempting to throw it away asap or let the delivery people take it (if they will) but if we later decide to send it back that’s going to cause a problem – especially with items like washing machines and other white goods appliances.
I frequently keep smaller items packaging for some considerable time, frequently 2-3 years depending on item, but when you or talking about white goods that is different. Frequently large items like cookers, washers, etc these days have covering on the corners and are then shrink wrapped.
I thought that the packaging issue had been sorted in court some years ago. That is packaging should not be expected to be kept beyond a reasonable time, that not everybody can store the packaging and that if returned in good packaging, but not that supplied with the goods that should be acceptable. I have received goods insufficiently packaged and returned in far better packaging.