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Consumerline advice on Christmas shopping - 14/12/2011

Keep your season merry by knowing your consumer rights when you go shopping.

Buying a present

Always check with the store to see what their returns policy is before buying Christmas presents.  Remember you don’t have the legal right to a refund if the item you purchase is just unsuitable or is the wrong size.  It’s important to check with the shop that the goods can be exchanged after Christmas if they are not suitable.  It’s also a good idea to check straight away (if possible) that the presents you have bought are working properly and are in perfect condition.

Faulty goods

If anything you buy – from gifts to a new set of fairy lights – turns out not to be of satisfactory quality, fit for their purpose or as described, you have a right to return them and get your money back.  You should tell the shop that you want to return the goods; while there is no set time limit, the quicker you report the problem, the easier it will be to get a refund.

You are not obliged to accept a credit note, vouchers or the offer of a repair if goods are faulty or misdescribed and they are returned within a reasonable time.

With presents, usually it is the person who bought the goods who should take them back, but it is normally proof of purchase - like a receipt - that retailers insist on.  While you have the same rights even if you lose the receipt, it's useful evidence of where and when you bought the goods. Credit or debit card receipts could also be used as proof of purchase.

Manufacturers’ guarantees

While the law says that it's up to the seller to deal with complaints about defective goods, you may have additional rights under manufacturers' guarantees. You usually have to send off details such as your name, address and date of purchase to validate the guarantee.

Buying online

Distance Selling Regulations give consumers some extra rights.  Under the Consumer Protection (Distance Selling) Regulations 2000, you have seven working days from the day after the item was delivered to cancel the order, even if you simply change your mind. The retailer should then refund you within 30 days of you cancelling the order.  Remember this doesn’t apply to things such as unsealed CDs, DVDs, computer software or personalised goods.

Also goods should normally be delivered within 30 days of placing the order.

If buying online, make sure you use a reputable dealer, as there are a lot of websites around these days selling fake goods. 

It’s a good idea to use your credit card to pay for individual items costing more than £100, as you have extra protection in the event that things go wrong – the credit card company is jointly liable in these circumstances for any breach of contract.

Gift Vouchers

Gift vouchers and gift tokens can make a very useful Christmas present, but in some cases consumers have problems with them.

Make sure that you are aware of the expiry date of the voucher – it should be clearly displayed on the voucher itself or on the trader’s website, instore leaflets and posters.

Expiry dates vary widely.  Some shops give you six months to redeem your voucher, so a gift token you received at Christmas and left in the bottom drawer will be no use by the following July.

When a shop changes ownership, the new owners may not have purchased the previous one's liabilities.  This means they will not be bound to honour your voucher.

Buying in the sales

Consumers have the same rights when they buy goods in the sales as at any time of the year. Signs like ‘No returns on sale goods’ may be illegal because they mislead you about your rights.

Some sales goods may be reduced because of slight defects, so check carefully.  The seller is not obliged to give you your money back if you are complaining about faults pointed out prior to purchase, for example, on signs or labels.

It is against the law for shops to pretend that goods have been reduced from a higher price to the sale price.  Generally the goods should have been on sale in the store at the higher price before being reduced.  Be aware that some shops buy in goods specifically to sell during sale time.

Returning Goods

Even if you don't have a legal right, companies' reputations depend on giving decent service. So you can always ask – and tell them you're disappointed if they don't help.

If you need further advice contact Consumerline on 0300 123 6262 or log on to the Consumerline website. 

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