Martin Lewis withdraws Trading Standards complaint as 28 retailers, including Selfridges, Home Bargains, and others, fall into line over displaying correct online returns information

A total of 28 retailers previously reported by MoneySavingExpert.com (MSE) in July for giving misleading information on shoppers’ online returns rights have now corrected their websites following our investigation, leading Martin Lewis to withdraw his Trading Standards complaint.

In July, MSE, the UK’s biggest consumer help site, reviewed over 400 of the UK’s most popular retail brands’ websites and found that 30 listed online returns policies that didn’t meet the legal minimum. After publishing our findings, 24 corrected their sites including Selfridges, Home Bargains, Benefit, and New Look; two were no longer trading; and four – Carluccio’s, Evans, Freemans and Joules – dragged their feet, prompting MSE to report them all to Trading Standards.

When the remaining four were then asked for a ‘right of reply’ as Martin Lewis was preparing to name and shame them on his ITV show, the final outliers agreed to correct their websites. All are now compliant, so Martin has withdrawn his complaint to Trading Standards. Even so, it’s important that consumers are aware of their statutory rights, which supersede any terms and conditions set out by the retailer. Under the Consumer Contracts Regulations 2013:

• Consumers always have 14 days from the day after receiving an item to notify the retailer of a return.

• They then have another 14 days after that to send the item back for a refund (so a maximum of 28 days in total).

• Receipt of goods happens when the consumer takes physical possession of them. In the case of delivered items, this means the day the item is delivered to the address or the person the buyer specifies.

• Stores must inform customers of their legal rights surrounding returns before they make a purchase.

• If shoppers aren’t informed of their cancellation (return) rights (for example, by the failure to display info on websites or on receipts), the return window is extended by 12 months.

Some retailers may choose to go above and beyond this, which then forms part of your contractual rights. The most common errors retailers made were either stating that your retail rights start on dispatch (rather than receipt of goods) or that shoppers have only 14 days to return goods.

The full list of retailers that have corrected their online information on the back of MSE’s investigation are: Benefit, Boden, Bondi Sands, Caffè Nero, Carluccio’s, CeX, ELC, Evans, Forbidden Planet, Freemans, Grüum, Guinness, Harvey Nichols, HiPP Organic, HMV, Home Bargains, Hotpod Yoga, Hush, Jessops, Joules, Monsoon, New Look, Perfect Draft, Robert Dyas, Ryman, Selfridges, The Range and Victoria’s Secret.

Grüum’s co-founder even sent an email to its customers, thanking MSE for informing it of the error, and admitting: "Martin Lewis alerted us to an issue in our FAQs relating to returning unwanted products. Our FAQs said that if you're not completely happy with your Grüum products, you can return them in the package they arrive in within 14 days.

"According to the law, and Martin, we should have said you have 14 days to decide if you want to change your mind and then a further 14 days to return the product."

The firm updated its site and stated clearly customers had “365 days to return a product if you decide you don't want it.”

Martin Lewis, founder of MoneySavingExpert.com, said: “I’m delighted that pressure from MoneySavingExpert’s investigation has forced these firms to finally correct their websites, some of which had been wrong for at least seven years. “It beggars belief that some of the nation's big retailers and their lawyers or compliance officers didn’t spot that they were giving out crap information. How can firms expect their shop staff to know the rules if their website information is incorrect?”

“The problem with incorrect information is that it risks being a deterrent to people legitimately returning online orders, as if they check a shop's misleading websites, they'll wrongly think they're timed out and may not bother. “So, it's important for people to know that, as a legal minimum: while you can only return goods bought in-store if they're faulty, buy something online and you have a no-fault right of return (provided it is not perishable or personalised). You have up to 14 days after delivery in which to tell the retailer you're sending an item back, and 14 days after you tell them to return it.”

What should shoppers do if they spot misleading returns information?

If you come across a retailer’s website or receipt that gives incorrect information about your legal rights to return online purchases, you should report it to Trading Standards via Citizens Advice.

Trading Standards told MSE that it relies on information being given to it so the more reports it receives, the better.

Further guidance on consumer rights and how to complain to retailers can be found in MSE's guide.

Notes to Editors:

• To conduct its initial research, MSE reviewed the returns policies of 123 retailers on YouGov's Most Popular Retail Brands list, plus checks on a further 300 retailers featured on MSE's Deals pages.

• Your right to return items you've bought online also apply to other types of 'distant contract', ie, sales made without the trader and consumer being physically in the same place. This covers items ordered over the telephone or via mail order.

• The Consumer Contracts Regulations 2013 doesn't apply to certain goods such as perishable or personalised items, newspapers and magazines (unless they are part of a subscription), or sealed audio, video or computer software which has since been opened. These can only be returned if they're faulty, or if the retailer's policy allows it.

• In addition (though not included in the table), several retailers referenced outdated policy on their websites, namely the Distance Selling Regulations, which were replaced in 2014 by the Consumer Contracts Regulations 2013.