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Our local Sainsbury’s store sells clothes but does not have a dressing room to try on items. I bought a few skirts that turned out not to be suitable, so I returned and exchanged them for other items.
The replacements weren’t quite right either so I asked for a refund but was told I could only receive a gift card.
It means I no longer have money to buy clothes from another retailer. This seems very unfair as Sainsbury’s has now tied up my money with them.
CJ via email
If Sainsbury’s terms and conditions state that an exchange or gift card will only be offered if you want to return clothes you change your mind about – this is perfectly legal, writes Dean Dunham
Consumer rights attorney Dean Dunham responds: For example, when you buy clothes from a retailer, online or somewhere other than their usual business location, such as a pop-up shop or an exhibition, the law defines this as a ‘distance sale’ and gives you 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 provided that you notify the trader within 14 days of receiving the goods and then return them within 14 days and in pristine condition, i.e. as good as when you received them.
This law was introduced in recognition that consumers cannot touch and feel (and, in the case of clothing, ‘try on’) goods purchased remotely, and so need the opportunity to change their minds when given the opportunity to do so to do.
Unfortunately, this law does not apply to purchases in shops where goods are sold at the trader’s usual place of business, as in your case.
In fact, the law does not give you the right to change your mind in these circumstances. It only gives you rights if the goods are found to be defective or not in accordance with the retailer’s description.
In these circumstances, the default position is what is stated in the trader’s terms and conditions. If Sainsbury’s terms and conditions state that an exchange or gift card will only be offered if you want to return clothes that you change your mind about – this is perfectly legal.
I take this opportunity to add my view that the Consumer Contracts Regulations should have been extended to circumstances where the trader sells clothing but does not provide you with facilities to try on the garment. This would mean that you have the right to return the item and get your money back if you find that it was not suitable when you get home.
My council charges £36 for green waste collection, but I live in a block of flats on the seafront – we have no greenery in sight – just a blue sea! Can I dispute this charge?
FM via email
Dean Dunham replies: Unfortunately, there is no one-size-fits-all answer here, as this will depend on your local government and its policies and procedures, which may vary from municipality to municipality.
I should also say that local governments are generally free to impose most fees and regulations within reason, and there is often little you can do to combat this.
Your first step is to contact your municipality and ask what the specific policy is for green waste. For example, some councils that have introduced green waste charges have made this voluntary, meaning you can choose not to have your green waste collected and therefore avoid the charge. However, many have not taken this approach, so it is important to check what the situation is in your area.
If you discover that the collection and charging of green waste is not voluntary, you should first check with your local council to see if there are any exemptions or discounts that you can claim.
Some municipalities will therefore take your specific circumstances into account and consider whether a particular charge imposed on you is reasonable given the circumstances. You must explain that you live in an apartment and never have to dispose of garden or green waste.
When you write to the council, make sure you provide evidence (such as photographs) showing that you do not have a garden or other facilities at your home that could generate green waste. Ultimately, you are requesting that the authority review the green charge and asking for a reconsideration based on your unique circumstances.
It is also worth talking to your neighbors who also live in houses without a garden and asking them to take the same action.
I can’t promise this will work, but I’ve certainly had success stories elsewhere where people have adopted this approach.