Our local Sainsbury’s store sells clothing but has no changing room to try items on. I purchased a couple of skirts which turned out to be unsuitable so I returned and exchanged them for other items.
The replacements also weren’t quite right so I asked for a refund but was told that I could only receive a gift card.
It means I no longer have available funds to buy clothes from another retailer. This seems most unfair as Sainsbury’s have now tied my money in with them.
C.J via email
If Sainsbury’s’ terms state it will only offer an exchange or gift card if you want to return clothing that you change your mind about – this is perfectly legal, writes Dean Dunham
Consumer rights lawyer Dean Dunham replies: When you buy the likes of clothing from a trader either online or anywhere that is not their usual place of business, such as a pop-up shop or exhibition, the law defines this as a ‘distance sale’ and provides you with an extra layer of protection.
This is thanks to a law known as the Consumer Contracts Regulations, which gives you the right to change your mind about a distance sale and obtain a full cash refund.
This is so long as you notify the trader within 14 days of receiving the goods, you then send them back within 14 days and in pristine condition – meaning as good as when you received them.
This law was established in recognition that consumers cannot touch and feel (and in relation to clothing ‘try on’) goods purchased at a distance so need the opportunity to change their mind when they get the opportunity to do so.
Unfortunately, this law does not apply to in-store purchases where goods are sold from the traders usual place of business, as in your case.
In fact, the law provides you with no right to change your mind in these circumstances. It only provides you with rights if the goods turn out to be faulty or are not in accordance with the description provided by the retailer.
In these circumstances, the default position is whatever the trader’s terms and conditions say. If Sainsbury’s’ terms state it will only offer an exchange or gift card if you want to return clothing that you change your mind about – this is perfectly legal.
I’ll take this opportunity to add my view that the Consumer Contract Regulations should have extended to circumstances where the trader sells clothing but does not provide facilities for you to try the garment on. This would mean you would have the right to return the item for a refund if you found it was not suitable when you got it home.
I’ve started being charged £36 for green waste collection by my council but I live in a seaside apartment block – we have no green in sight – only blue sea! Can I contest this charge?
F.M. via email
Dean Dunham replies: Unfortunately there is no answer that fits all here as it depends on your local authority and its policies and procedures which can differ from council to council.
I should also say that local authorities tend to be free to impose most charges and rules within reason and often there is little you can do to fight this.
Your first step to take is to contact your local council and ask what its specific policy is for green waste. By way of example, some councils that have introduced green waste charges have made it voluntary, meaning you can opt out of having your green waste collected and therefore avoid the charge. However, many have not taken this approach so it’s important to ascertain what the position is in your local area.
If you discover that the green waste collection and charge is not voluntary your next port of call is to ask your local council if there are any exemptions or reductions you can claim.
Some councils will therefore take account of your specific circumstances and consider if a certain charge being levied upon you is fair in the circumstances. Here, you should explain that you live in an apartment and will never have the need to dispose of garden or green waste.
When writing to the council make sure you provide evidence (such as photos) showing you have no garden or any other facilities that could generate green waste at your property. Ultimately, you are requesting that the authority reviews the green charge and asking for a reconsideration based on your unique circumstances.
It’s also worth speaking to your neighbours who also live in properties with no gardens and asking them to take the same action.
I cannot promise this will work but I have certainly had success stories elsewhere when people have adopted this approach.
