M&S axes its 90 day returns policy

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High-street retailer Marks & Spencer announced that their 90 day returns policy is no longer in effect and instead customers requiring a refund or exchange will have to take their items back within 35 days of purchase.

The retailer's returns policy was one of the most generous on the high-street. But moves to fit in with the majority of high-street stores and their refund policies have been criticised by some loyal shoppers that feel the retailer is losing a unique feature.

M&S chose not to publicise the decision quite as clearly as some customers had hoped, but perhaps unsurprisingly once the news was public knowledge there was plenty of discussion about it.

The retailer could be hoping that the move doesn't affect recent positive sales information. According to the company's trading statement for the second quarter, published on September 30th sales were up 2.7 per cent year-on-year and online sales were up by 30 per cent. In addition to this, total UK sales for M&S were up 1.9 per cent over the period, continuing an improving trend for the company seen over the last three quarters

So what do people think?

Well if you believe the reports then a number of shoppers have been caught out by the move. It's perhaps unsurprising that some people are a little annoyed by the decision - if, for example, a customer believed that they still had almost two months to take an item back only to then find out at the checkout that the policy has now changed.

A contributor to an online message board voiced her opinion on the subject saying: "I don't think that 35 days is enough time. Most M&S stores are either in major cities or in out of town shopping malls. In future I won't be buying anything from M&S - unless I'm absolutely sure I won't return the item."

One loyal customer Shirley Read, 53, of Beaconsfield, Buckinghamshire, found that she couldn't return a dress that she'd bought for £45 at a branch in High Wycombe. She said: "M&S should have been clearer about the change. I was so upset." The older generation might be particularly affected by the move having shopped in the store for a number of years and perhaps less aware of the changes than the younger shopper.

Dorothy Brown, 87, from Oxfordshire, has been shopping in Marks & Spencer for more than 40 years. She said: "I was in the store last week and spent £30 - you would think they might have told me at the till. Most people won't study the receipt to see what the last date is to return goods. It's very high-handed just to do away with it without telling anyone."

However an M&S spokesman defended the decision stating that their policy was still the most favourable on the high-street: "Following a comprehensive review, we updated our returns policy. Consumers with proof of purchase are entitled to an exchange or refund on goods returned within 35 days of purchase. The vast majority of our consumers already return items within 28 days."

What are your consumer rights?

With shops having varying rules in place for how long you can return an item and what you're entitled to when you do so, it can prove very difficult to know when it is legally your 'right'.

It is widely believed that if a person wants to return an item because they have decided that they no longer want it that so long as it is in its original condition and complete with the receipt that they are legally entitled to their money back.

The reality is, however, that this isn't a legal requirement and although many shops will be good enough to value your custom and give you your money back they aren't required to by law.

If goods are faulty, however, it is a different matter. Even if you have lost the receipt all you have to do is provide proof of purchase, such as a cheque book stub or a credit card statement.

Consumers should also be aware that they have the same rights regardless of whether they bought an item in a sale or second-hand. But a refund cannot be claimed if the problem was pointed out when you purchased the item.

Perhaps the sensible thing for shoppers to do is to be aware of their rights before purchasing an item and to always hold on to their receipt if possible.

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