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Do I have consumer rights when my online shopping goes wrong?

Do I have consumer rights when my online shopping goes wrong?

As the seasons change and the spring sales begin, many of us turn to online shopping for convenience and sometimes lower prices.

With just a few clicks, products can be delivered to your door the very next day.

However, it is not always guaranteed that your purchase will be as you expected.

Whether an item arrives faulty or does not match its description, it is crucial you understand your consumer rights.

One of our Litigation Solicitors, Jennifer Hitchen, explains how you can protect your rights.

What are the legalities of consumer rights?

Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose and as described.

If a product fails to meet these standards, you are entitled to a repair, replacement or refund.

Faulty goods often have a short-term right to reject them within 30 days for a full refund.

When shopping online, there are additional protections that apply under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

These regulations give you a 14-day cooling-off period from the day you receive your goods.

During this time, you can cancel for any reason and this includes if you change your mind.

Retailers must also provide clear information before you buy, including pricing, delivery costs, contract details and cancellation rights.

Do your rights differ when buying online or in-store?

When you shop in person, you usually do not have an automatic right to return goods because you have changed your mind, unless the goods are faulty.

Online purchases are different because you cannot physically inspect the product before buying it.

You have a legal right to change your mind for any reason and get a full refund for most goods bought online.

Additionally, the seller of the goods is responsible for them until they are delivered.

So, if the goods are lost or damaged in transit, this is usually the seller’s responsibility.

It is a good idea to check the terms applicable for the various delivery options so that you are clear on the specific arrangements for online purchases.

What are your rights on returning online purchases?

You usually have 14 days from delivery of the goods to notify the seller of your desire to return the unwanted items.

We recommend that you do this in writing or over email, so you have a paper trail.

You will then have another 14 days to return the goods but always check the returns policy because some traders offer extended return periods.

Certain items such as personalised goods, perishable items or sealed products may not qualify for return pursuant to the 2013 regulations.

It is important to note that if you return an item because you have changed your mind, you will usually have to bear the return postage costs.

If the item is faulty, damaged or not as described, you should not be expected to cover the cost of return postage.

How can you protect your consumer rights?

There are ways to protect your consumer rights, including:

  • Buying from reputable sellers and checking reviews
  • Reading the returns policy carefully before purchasing
  • Keeping records of order confirmations, receipts and correspondence
  • Acting quickly if there is a problem and notifying the retailer in writing
  • Using secure payment methods, such as credit cards, which may provide additional protection under Section 75 of the Consumer Credit Act

If a retailer refuses to cooperate, you can escalate your complaint.

Many disputes are resolved through Alternative Dispute Resolution (ADR), such as mediation and negotiation.

You may also be able to pursue a claim through the small claims court if necessary.

How do you raise a claim?

If your online shopping goods are faulty and provided you are within the 30 day refund period, you can ask for a refund.

If more than 30 days has passed since the purchase, then you should give the retailer an opportunity to repair or replace the faulty item.

If they fail to do so within a reasonable time, you may be entitled to a refund or price reduction.

You should put your complaint in writing and clearly reference your rights under the Consumer Rights Act 2015.

It is important to keep copies of all communication and evidence, including photos of faulty items.

How can we help protect your consumer rights?

While many disputes can be resolved directly with the retailer, some matters require legal support.

Our professional team can assess whether your statutory rights have been breached, advise on options available to you and draft formal letters of claim

If you are facing difficulties with a retailer, we can advise on ADR or mediation options and help protect your interests.

If you are facing a dispute over your consumer rights, contact our Commercial Litigation team.

Welcoming Immigration Solicitor Pooja Kaur to our team

Welcoming Immigration Solicitor Pooja Kaur to our team

We are delighted to welcome Pooja Kaur to our firm as the first member of our Immigration team.

With nearly 20 years of experience in Immigration Law, Pooja brings extensive experience in supporting businesses and individuals through complex immigration processes.

Pooja advises on a range of immigration matters, including skilled worker visas, sponsor licence agreements, family and partner visas, investor visas, settlement and further leave to remain applications.

She also has experience handling appeals, judicial reviews and matters relating to deportation, visa overstays and immigration compliance.

In addition, Pooja regularly works with businesses seeking to recruit overseas talent, advising on sponsorship licences, employer compliance and the rights of dependants.

With a strong understanding of the needs of entrepreneurs and business leaders, she provides tailored guidance to help clients understand and manage the UK’s immigration system.

Pooja has ambitions to grow our Immigration Law team and we are excited to have her client-focused approach, expertise and knowledge on board.

If you would like to learn more about how Pooja can support you, get in touch today.

Could revised Government employment initiatives create discrimination disputes?

Could revised Government employment initiatives create discrimination disputes?

The Government has announced the expansion of its Jobs Guarantee scheme from 18-21 to 18-24 and says this is expected to create more than 35,000 extra subsidised jobs.

It has also announced a new Youth Jobs Grant, through which businesses will receive £3,000 for each young person they hire aged 18-24 who has been on Universal Credit and looking for work for six months or more.

This is part of the Government’s response to the reported unemployment crisis among young people, with data showing that the number of young people not in employment, education or training is over 950,000 or around one in eight in that age group.

Employers will need to be careful to ensure that they balance any targeted hiring incentives with their duties under the Equality Act 2010.

There are different types of discrimination, including direct discrimination and indirect discrimination, which are likely to be most relevant here.

Direct discrimination

Direct discrimination occurs where a person is treated less favourably because of their age without an objective justification.

This could include setting an age limit or range for a particular job.

Indirect discrimination

Indirect discrimination occurs where an employer has a provision, criterion or practice (a PCP) that has a greater adverse impact on those in one age group than those in another and the employer cannot show that the PCP is objectively justified.

This could include restricting a post to “recent graduates”, since most recent graduates are likely to be of a similar age.

Age discrimination is slightly different to other types of direct discrimination in that there is no discrimination where the employer can show that its treatment of the employee is a proportionate means of achieving a legitimate aim.

Here, the likely legitimate aim would be to reduce youth unemployment and to benefit from the Government financial incentives available to employers.

However, employers will need to consider their circumstances and ensure they can justify any age discrimination on this basis.

Employers will also need to consider what will happen when the initiative’s funding comes to an end, particularly in light of upcoming changes to the Employment Rights Act, which will reduce the required service to bring an unfair dismissal claim to 6 months.

This is likely to be from January 2027.

The Equality Act 2010 also allows positive discrimination in certain circumstances, although this is not required.

This includes where certain groups with a protected characteristic, e.g., age, are disproportionately under-represented in its workforce.

The positive action must be a proportionate means of achieving the specific aim, which, in this case, would be to encourage greater participation by those with that specific characteristic, e.g., to employ more people of that specific age.

The explanatory notes state that “the extent to which it is proportionate to take positive action measures which may result in people not having the relevant characteristic being treated less favourably will depend, among other things, on the seriousness of the relevant disadvantage, the extremity of need or under-representation and the availability of other means of countering them”. (Paragraph 512.)

The permitted action to be taken in respect of recruitment or promotion is “treating a person (A) more favourably in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not”.

However, this is only allowed where:

  • A is as qualified as B to be recruited or promoted.
  • The employer does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it; and
  • Taking the action is a proportionate means of achieving a legitimate aim.

This, therefore, limits the circumstances in which this exclusion could be used and is unlikely to be available to employers specifically looking to hire younger workers as a result of the Government incentives.

Employers will need to carefully consider how they make best use of the Government incentives and their circumstances and policies in respect of recruitment for any potential new roles.

For legal assistance with employment matters, please contact our team.

Palmers Solicitors expands immigration services with appointment of dedicated lawyer

Palmers Solicitors expands immigration services with appointment of dedicated lawyer

One of Essex’s leading independent law firms, Palmers Solicitors, has strengthened its immigration offering with the appointment of highly experienced immigration lawyer, Pooja Kaur.

With a growing demand for specialist immigration services in Essex and the wider South East, Pooja’s appointment allows the firm to expand this new service across its six offices.

Pooja joins Palmers as a solicitor with nearly 20 years’ experience in immigration law, advising both businesses and individuals on the complexities of the UK immigration system.

Her appointment reflects the firm’s growing commitment to supporting clients with immigration matters, particularly as businesses seek specialist guidance on recruiting international talent and complying with immigration sponsorship regulations.

Pooja will play a key role in developing Palmers’ immigration services bringing extensive experience advising on a wide range of immigration matters, including skilled worker visas, sponsor licence applications, innovator founder and entrepreneur visas and family and partner visas, as well as appeals and removal matters.

She also provides guidance to employers on audits and ensuring compliance with their ongoing duties under UK immigration law.

Commenting on her appointment, Pooja said: “I am delighted to be joining Palmers Solicitors at such an exciting time for the firm. Immigration law plays a vital role in supporting both individuals and businesses and I am looking forward to helping grow the firm’s immigration services across Essex and the South East.

“I am passionate about empowering clients with the knowledge they need and advocating for them with clarity and integrity.”

Pooja prides herself on a client-focused approach, taking the time to listen carefully to each client’s situation and priorities.

Her aim is to ensure clients feel supported throughout the immigration process and confident in the steps being taken on their behalf.

Gina Newman, Chief Operations Officer at Palmers Solicitors, said: “Pooja is an exciting addition to our team and allows us, for the first time, to provide a dedicated immigration service, which will focus on supporting businesses and individuals in bringing the top international talent to the UK.”

Her appointment forms part of Palmers’ ongoing strategy to expand its specialist legal services and provide practical, expert support to businesses and individuals across the region.

To find out more about Palmers Solicitors wide range of legal services, please get in touch.

The Renters’ Rights Act takes effect: Are you prepared for the changes?

The Renters’ Rights Act takes effect: Are you prepared for the changes?

The private housing sector is set for its biggest shift in regulation changes in a generation after the Renters’ Rights Act officially became law, enhancing the rights of tenants and clarifying what is expected of landlords moving forward.

From evicting tenants to the introduction of new initiatives and alignment of existing laws, you should expect significant changes to impact your role and procedures.

While the new regulations will be put in place over the coming weeks and months, preparation is key because you need to understand the laws and have measures in place for when the laws take effect.

What are the main changes you should prepare for?

The Renters’ Rights Act will officially abolish no-fault evictions, meaning Section 21 of the Housing Act 1988 will be completely removed.

No-fault evictions have allowed you to evict tenants without providing a reason, allowing you to easily claim your property back.

However, the new Act outlines that you will have to give clear reasoning for evicting tenants moving forward, using the grounds set in Section 8 of the Housing Act 1988, which clarifies the reasons you are allowed to give.

There will also be significant changes to tenancy structures, with fixed-term tenancies being abolished and replaced with periodic tenancies.

This will give tenants more flexibility with tenancies moving to a week-to-week or month-to-month structure, depending on when they pay rent.

It will also be illegal to instigate bidding wars. The rental price you advertise must be what the potential tenant pays, as you will not be allowed to accept higher offers.

If you do continue to hold bidding wars for your properties, you will face a significant fine and a criminal investigation is likely to be opened.

Alongside the removal of bidding wars, you could face sanctions if you discriminate against potential tenants because of their circumstances, such as if they have children. You will also be expected to treat all tenants with fairness and respect.

The Renters’ Rights Act also provides clarity for tenants having pets in your properties.  Moving forward, you will need to consider any requests tenants make about having pets and provide clear justification as to why that may not be feasible.

All these changes will be part of the initial first phase of regulations introduced. These will take effect from 1 May 2026.

Phase Two Initiatives

Expected to be implemented from late 2026, the Act establishes a new, national Private Rented Sector (PRS) Database. Landlords will be required to register themselves and their properties annually and pay a fee.

Landlords must also be members of a new, single PRS Landlord Ombudsman scheme. This body will provide binding and quicker redress for tenants who make complaints related to management or maintenance, circumventing some court processes.

The government has advised that the ombudsman scheme will be introduced “as soon as possible”. Landlords will be given notice of the date by which they will be required to sign up to the ombudsman scheme and sufficient time to make appropriate arrangements.

Alignment of laws from the social housing sector

The Renters’ Rights Act will also see some laws that have only exclusively applied to the social housing sector apply to the private housing sector in the future.

Those are the Decent Homes Standard and Awaab’s Law. Both focus on the quality of your property and ensuring your tenants are living safely and comfortably.

This means you will have to learn how both regulations work and implement measures to ensure you are compliant.

Awaab’s Law focuses on the way you will need to handle tenant concerns. The laws will require you to follow a certain process, investigate and deem whether the concerns are an emergency that needs addressing straight away or are potentially significant.

Whatever the outcome of your investigation, you need to provide a written summary of what you have found, the actions you’ve taken and the plans for addressing the tenant’s concern.

Download our dedicated Renters’ Rights Act guide

The introduction of these laws will be a gradual process but that shouldn’t stop your preparations.

It is going to be a challenging period for yourself and other private sector landlords as you try to understand the new laws and begin to put plans in place.

That’s why we have crafted a dedicated Renters’ Rights Act guide which covers all the essential information you need to know, like what each change will entail, what it means for your role as the landlord and how you can prepare.

It is the ultimate companion that will ease your pressures and clarify everything you need to know and do.

Download your Renters’ Rights Act guide today and get in touch with our team for expert advice and support.

Do you need Company Commercial and Banking and Finance advice for your business? How our joined-up services can help

Do you need Company Commercial and Banking and Finance advice for your business? How our joined-up services can help

Running a business is not always smooth sailing and commercial, banking and finance issues are often bound to arise. However, you will rarely find that these matters sit neatly in one legal sector.

Commercial matters are often tied to financial risks and our joined-up service between our Company Commercial and Banking and Finance Law departments is here to help.

Our team works under one umbrella to advise you on matters ranging from funding rounds and supplier agreements to personal guarantees and lending arrangements.

Our Supervising Director of the Company Commercial department, Matthew Johnson, explains how our joined-up services can support you.

How do our joined-up services work?

Rather than having two separate workstreams, our Company Commercial and Banking and Finance solicitors work closely together to provide seamless and practical advice that supports businesses at every stage.

Whether you are negotiating a contract, acquiring a business, entering a funding round or refinancing existing facilities, the legalities and financial implications of the deal will be considered.

Our combined services include:

  • Drafting and negotiating commercial contracts
  • Due diligence when entering new suppliers, clients, acquisitions and financing agreements
  • Advice on financing obligations
  • Support with contract renewals or restructurings
  • Dispute resolution when issues arise

How can our teams help you?

For brokers

Our Company Commercial and Banking and Finance teams work closely to support brokers by providing clear guidance on corporate structures and contracts.

Without close collaboration between teams, issues such as unexpected debt or restrictive covenants can delay or derail your deal entirely.

For lenders

Our combined expertise can help you secure favourable terms and maintain your relationships with borrowers, suppliers, investors and commercial partners.

We will draft robust documentation and facilitate efficient transactions, particularly in secured lending and property finance.

For advisers

Our joined-up service offers advisers a complete view of the legal and financial implications of any transaction.

Whether it is negotiating contracts or entering new funding arrangements, we provide advice that protects your legal position and helps you manage the risks.

We don’t just tick boxes. We want to give you informed advice that helps your business thrive.

To find out how our joined-up services can support your business, contact our team today.