They said this… · Refunds & faulty goods

“We cannot exchange or replace it because it is out of stock”

It depends

They may be correct that a replacement or exchange itself cannot be supplied if there is genuinely no stock. What follows depends on why you wanted the exchange: a voluntary change-of-mind policy is different from the statutory remedy route for faulty goods.

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Why this answer

What actually matters

  • If this is only a change-of-mind exchange under the trader’s voluntary policy, there is not a general statutory right to make the trader supply stock it does not have; the policy terms matter.
  • If the goods are faulty, repair or replacement are normally the first remedies once the short-term right to reject has passed or is not used.
  • The Consumer Rights Act says a consumer cannot require a particular repair or replacement if that remedy is impossible or disproportionate compared with the other remedy.
  • If a statutory replacement is impossible because the product is genuinely unavailable, the trader should consider the remaining statutory remedy route rather than simply treating the complaint as over.
  • If both repair and replacement are unavailable, or the available remedy is not provided within a reasonable time and without significant inconvenience, a price reduction or the final right to reject may become relevant.

Important nuance

When the statement may have a point

  • For a simple change-of-mind request, the shop may only have promised an exchange subject to availability. Check the wording of its voluntary policy.
  • For faulty goods, they may be right that you cannot insist on a replacement if replacement is genuinely impossible, for example because the model is discontinued and no equivalent replacement is available.
  • Whether you can move to rejection or a price reduction depends on the remedy stage, timing, whether repair remains available and the particular facts. Within the initial short-term rejection period, a consumer may have a different route from the repair/replacement stage.

What you could say

Keep the response tied to the actual rule.

Evidence

What to have beside you

  • Proof of purchase or another record linking the transaction to the trader
  • Photos/video of the fault and when it appeared
  • The product description, advert or specification
  • The trader’s written refusal and the remedy already offered

If they still refuse

Move the dispute forward.

  1. Ask the trader to treat the issue as a statutory-rights complaint rather than a voluntary returns request.
  2. Preserve the refusal. Depending on payment method and value, Section 75 or chargeback may be relevant.
  3. If necessary, consider ADR or a county court claim after the appropriate pre-action steps.

Read the full rules

Go deeper before escalating.

Primary guideRead the detailed ConsumerWise guidance.Refunds & returnsRead the full guide.Faulty goodsRead the full guide.Repairs & replacementsRead the full guide.

Official sources

Check the rules behind this statement.

Consumer Rights Act 2015, section 23legislation.gov.uk · checked 9 Sep 2026Selling and supplying goodsBusiness Companion · checked 9 Sep 2026