Know your consumer rights
The Christmas shopping season has arrived! However, before you hit the shops and start buying gifts for everyone, it's important to check your consumer rights. Victoria Bischoff explains….
Every year, most of us will receive at least one present we want to return because it is faulty, doesn't fit or isn't suitable.
However, if you don't know when you are entitled to a refund and when the retailer can refuse to reimburse you, you could be left seriously out of pocket.
Luckily, for those of you who are about to embark upon your annual Christmas shopping spree, I have compiled a beginner's guide to consumer rights. Make sure you check it out before you start shopping!
If it's faulty…
Under the Sale of Goods Act 1979, you are entitled to a full refund if the goods you purchase are not in a satisfactory condition, fit for purpose or as described.
For example, if you buy a DVD player that doesn't work and you have your receipt, you are well within your rights to ask for your money back. If you can't find your receipt, a credit card statement or cheque book stub should be sufficient proof of purchase.
Some retailers may try to encourage you to exchange the item for something else or push you to accept a credit note.
Try not to be put off by this. Even if the goods you bought were in the sale or second hand, if they are faulty, the retailer has to give you a full refund if you ask. Although, if the defect was pointed out to you before you bought the item, you are not entitled to your money back unless you discover another unrelated fault.
Do bear in mind that the law requires you to return any faulty goods to the seller within a reasonable period of time. This time period is not set out by law but it's important to make your complaint as soon as you discover the fault. If you don't, you may lose your right to a full refund.
On the other hand, if the product is faulty and you want a repair or replacement, you have a whole six months to claim.
What's more, if the retailer wants to refuse your request, it is up to them to prove the goods were not faulty in the first place. However, after the six months this is reversed and the burden of proof will fall on you, the consumer.
If you change your mind…
Despite what you may have been told in the past, if you buy an item and then decide you don't want it, the retailer is under no obligation to refund your money.
However, as gesture of good will many stores will take back goods even if there is nothing wrong with them. There is usually a grace period of around 28 days and you are almost always required to show proof of purchase.
Therefore, if you suspect there is a chance you may change your mind or are buying a gift for someone else, it is always a good idea to check with the retailer what their return policy is.
The distance exception
If you choose to purchase your stocking fillers online this year, you will find you actually have extra protection under the Consumer Protection (Distance Selling) Regulations 2000.
When you buy an item over the internet, phone or by post, you
usually get a 'cooling off' period of seven days after it's delivered. This
means, if you buy something and decide you don't want it after all, you can get
your money back - no questions asked. However, there are a few exclusions so it's
best to always double check before you buy.
Moreover, you must also be given crystal clear information about the goods before
you buy them, and if they are not delivered within thirty days you are entitled
to a full refund.
The credit card safety net
If you buy goods or services with a credit card, you are entitled to valuable protection you won't get if you pay by cash or debit card.
Under Section 75 of the Consumer Credit Act, if you use a credit card to pay for purchases costing between £100 and £30,000, you have the right to seek redress from your credit card provider if there is a problem with your purchases.
This means that, if your goods don't arrive or aren't 'as described', you can claim your money back from your credit card company.
To find out more about why plastic can be fantastic, read my article 'Five reasons why you should spend on a credit card.'
If you don't ask, you don't get!
Finally, remember that it' is always worth fighting your case!
Now, I'm not suggesting you should start being rude to innocent shop assistants (I've worked in shop and ill-mannered customers are not pleasant to deal with), but sometimes going the extra mile can get you what you want.
For example, I recently booked some train tickets with Trainline.com and through my own stupidity managed to mess up the times completely.
Upon realising this, two minutes after my confirmation arrived in my inbox, I rang the Trainline to ask them if they could change or refund my tickets. Initially I was told there was nothing they could do.
However, after a little prodding and poking, one kind customer services man said if I just popped the wrong tickets off in the post, I would receive a full refund within a few weeks. It's always worth a try!
To find out more about your shopping rights, check out the ConsumerDirect website for helpful information.
**This material is for information purposes only and should not be considered financial advice. We strongly encourage our readers not to rely solely on this content, but to seek independent advice when making financial decisions.**
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