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Goods Not As Described: CRA 2015 s.11 Refund

Full guide: Complete RightsCheck Guide

You bought something that does not match the description. Under Consumer Rights Act 2015 s.11, you have an automatic right to refund within 30 days. Learn the short-term rejection rule and how to prove goods don't match what was advertised online or in-store.

Quick Answer

If goods do not match the description given in advertising or on the product label, the retailer has breached your right under CRA 2015 s.11. You can reject the goods and demand a refund within 30 days of purchase (short-term rejection). The retailer cannot refuse. Example: if a jacket was described as "wool blend" but is 100 percent polyester, or a phone advertised with a specific feature does not have it, you have grounds for refund. You must try to reject within 30 days and return the goods.

Claim Your Refund

What Counts as Not Matching Description?

Description includes everything stated in advertising, product listings, packaging, labels, or promotional material. If the goods differ from this description in any material way, you can claim they are not as described. This includes: wrong size, wrong colour, missing features, different materials, inaccurate specifications, or misleading model numbers.

CRA 2015 s.11: The Statutory Right

Section 11 of the Consumer Rights Act 2015 requires goods to be as described. If they are not, this is a breach of contract and you have the right to reject them and get a refund. This is one of your strongest consumer protections. No exceptions exist for "as seen" or "as pictured" if the picture is inaccurate or misleading.

The 30-Day Short-Term Rejection Rule

You have 30 days from purchase to reject goods under short-term rejection rights. This means you can return the goods and demand a refund without needing to prove a breach was the retailer's fault. The burden is on the retailer to prove the goods are as described. If they cannot, they must refund you. This is a powerful rule that protects online and in-store purchasers.

Step-by-Step: How to Claim Refund for Misdescribed Goods

  1. Verify the misdescription: Compare the goods to the description where you saw them (product listing, advert, label). Document differences with photos or screenshots.
  2. Keep the goods intact: Do not use or damage them significantly. You can inspect them to verify the misdescription but they must be returnable in original condition.
  3. Contact the retailer within 30 days: Write to the retailer stating the goods do not match the description given, reference s.11 CRA 2015, and demand a refund. Keep a copy.
  4. Return the goods: The retailer must pay for return postage if you are within 30 days and the misdescription is their fault. Send goods back promptly with tracking.
  5. Follow up on refund: Once returned, the retailer must refund within 14-28 days. If they refuse or delay, escalate to small claims court.
  6. If refused, file small claims: Use MCOL to claim refund plus costs. Reference s.11 and provide evidence: original advert, product description, photos of actual goods, and correspondence with retailer.

Difference Between Description and Fault

A misdescription is when goods do not match what was advertised (wrong description). A fault is when goods are damaged or defective. Both are grounds for refund but under different sections of the law. Misdescription is stronger because you do not need to prove fault - the goods simply do not match the description sold to you.

Compensation for Misdescribed Goods

You can claim refund plus compensation for inconvenience: cost of return postage, lost use of money while waiting for refund, and distress if the misdescription caused significant problems (e.g. unsuitable clothing for an event, wrong tool for urgent work). Small claims courts commonly award 20-100 pounds additional compensation.

When to Escalate to Small Claims Court

If the retailer refuses within 30 days or claims the goods match the description when they clearly do not, go to small claims court immediately (MCOL). Courts take s.11 breaches very seriously. You can represent yourself and the threshold is 10,000 pounds. Cost is minimal (35-154 pounds filing fee) and courts award full refunds plus compensation.

What the Law Says

Statute
CRA 2015 s.11-20
Goods must be as described. Misdescription gives right to reject and refund within 30 days (short-term rejection).
Description Scope
CRA 2015 s.11
Includes all advertising, product listing, labels, packaging, and promotional claims. If goods differ from any of these, they are not as described.
Timeframe
CRA 2015 s.20
30 days to reject goods under short-term rejection (s.20). After 30 days, you must claim under repair/replacement rights instead.
Court Procedure
Small Claims Track (MCOL)
Claims up to 10,000 pounds. Cost 35-154 pounds. Courts award full refunds plus compensation for inconvenience.

Frequently Asked Questions

Do I have to prove the description was wrong? +
Within 30 days, no. You can reject under short-term rejection without proving anything. After 30 days, you must prove the goods did not match the description at the time of sale.
What if the retailer says I misread the advert? +
If the advert was misleading or ambiguous, the retailer is responsible. Screenshots of the original advert are your best evidence. Consumer law expects descriptions to be clear and accurate.
Can I return goods if I've opened the packaging? +
Yes. You can open and inspect goods to check they match the description. Light inspection does not prevent return. Heavy use or significant damage might reduce your claim but misdescription still stands.
What if I discovered the misdescription after 30 days? +
You lose short-term rejection rights but can still claim repair/replacement or price reduction under s.23-24 CRA 2015. Courts can extend the 30-day period if you had good reason not to inspect earlier.
Who pays return postage? +
The retailer must pay return postage within 30 days if misdescription is their fault. After 30 days, you typically pay return costs but can claim them back if you win in court.
Can online purchases be returned differently than in-store?
No. Both are covered equally by CRA 2015 s.11. Online distance selling allows 14-day cooling off period on top of 30-day rejection rights.

Demand Your Refund for Misdescribed Goods

Document the misdescription and demand refund under CRA 2015 s.11.

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