Christmas Shopping: Know Your Rights

Learn exactly what your rights are when it comes to Christmas shopping - and taking things back.

I'm going to explain exactly what your rights are when it comes to returning goods. That way, you'll know what you're entitled to if your Christmas shopping and presents don't live up to expectations. While I was a student, I worked part-time in a major London store. Every New Year, I was faced with a flood of customers trying to return unwanted Christmas presents. Many of them were surprised and angry to learn that if the goods weren't faulty, they weren't entitled to a refund at all. So here are the facts. I'm going to concentrate on over-the-counter shopping. (If you're shopping on the net, have a look at Alison Hunt's article: How To Shop Safely Online This Xmas). Faulty Or Damaged: If an item is faulty or damaged (and was not sold to you as such), you are entitled to claim a full refund. If you have already 'accepted' an item (usually by retaining it for a reasonable period of time before taking it back) you may not get a full refund, but you can claim a repair or replacement. In this situation, a partial or full refund may still be considered if repair or replacement isn't possible, if you've waited for an unreasonable length of time or have suffered a lot of inconvenience. Remember -- if there's something wrong with a purchase, you don't need to produce the receipt to seek redress. However, it is generally accepted as reasonable for a retailer to ask for some proof of purchase -- such as a bank or credit card statement. Mis-selling: An item must be fit for the purpose for which it is sold, and it must be 'as described' by the seller, the packaging or the display sign. For example, if a polyester shirt is sold as cotton, or an advisor tells you a pair of ski boots can be used for snowboarding, you're entitled to return them and get your money back. You've Changed Your Mind: Here's the bad news. You're not entitled to anything if you simply change your mind about goods. Lots of shops issue refunds, or offer exchanges or credit notes within a certain time period. However, these are gestures of goodwill designed to improve customer relations. If there's nothing wrong with the goods and they've not been mis-sold, shops are not legally obliged to offer you anything. In The Sales: Sale or 'seconds' goods can be sold with a defect. If the goods have a defect that is obvious or was pointed out, you can't then ask for a refund. Check the store-specific policy on this one, as many shops won't give you a refund on any sale purchases, even if there's nothing wrong with them. Finally, it's worth noting that if you're shopping with your credit card, you have extra protection under Section 75 of the Consumer Credit Act 1974. This is because if you're paying for goods that cost more than £100 for one item (but less than £30,000), the credit card issuer, as well as the supplier, may be liable if something goes wrong. Hopefully, you can now shop forewarned and forearmed. Good luck! You can get more information in this leaflet from the Office Of Fair Trading.