Know your legal rights before you buy Christmas presents

We have all seen dodgy handwritten signs behind tills informing shop customers that refunds are not available.

With just 24 shopping days left to go, Bristol City Council Trading Standards want shoppers to know their consumer rights before buying Christmas presents.

It is inevitable that some products may not work when opened or are just not of satisfactory quality. Senior consumer advisor from Bristol City Council Trading Standards Service, Penny Beynon says: “People will be spending hours and pounds on selecting Christmas presents and it’s disappointing if carefully chosen presents turn out to be faulty or unsuitable or fail to arrive in time.”

To help consumers with problem presents, the Council have issued the following tips on consumers’ rights and advice on what to do when things go wrong.

Legal Rights

Unless a customer buys at a distance – online, phone, mail order etc – there is no automatic legal right to a refund or exchange unless there was something wrong with the goods when they were bought.

In law, goods bought from a trader must be as described, fit for purpose, of satisfactory quality and safe. If they’re faulty when supplied the buyer is entitled to a refund, replacement or free repair.

However, many well-known high street stores have more generous voluntary returns policies around Christmastime. They will exchange or give credit notes, sometimes refund, for any reason so long as the goods are returned in a saleable condition and within their time limit.

Anyone not sure, should check the trader’s returns policy before they buy. Check the time limit. Will they require a receipt? Will they refund instead of exchange if the present is unsuitable? If so, ask the trader to write it on the receipt!
Bear in mind, unless agreed otherwise, it’s the buyer who has the legal claim against the trader – not the person who receives the present. Some retailers may offer you some form of certificate or gift receipt, which transfers your rights to the person receiving the gift.

For distance sales – phone, Internet, mail order, TV – customers have a legal right to your order being delivered within 30 days unless they agree otherwise. For most goods there is a cooling off period and a right to cancel for any reason when buying goods at a distance. You can cancel at any time from the date of order until 7 working days following the date of delivery but you must cancel in writing and the goods must be in a saleable condition. These rights don’t apply to personalised or perishable goods or to DVDs, CDs with software, audio etc if unsealed.

Keep receipts

If you want to return the goods for any reason you’re almost certain to be asked for proof of purchase. Keep receipts – or enclose them with the presents – to avoid embarrassment in case they need to take the present back. If you can’t prove you bought the goods from that particular business the trader is not obliged to do anything for you. The best proof is a receipt.

Buy from traders you know

If you buy from a stall, temporary shop or at a distance from a business you’ve not dealt with before you may be taking a risk. The trader may not be around after Christmas if you need to return the present. Use a credit card for goods costing over £100. If the goods are faulty, misrepresented or don’t arrive you can claim against the credit company.
Worried goods won’t arrive in time?

Make sure the trader knows if it is essential that goods on order arrive by a certain date by making it a term of the contract and written on the order form that a refund will be made if goods do not arrive by the given date.

Check presents before you wrap!

If possible, check the goods aren’t faulty and that they work properly as soon as you can after buying. The buyer has a legal right to try goods out and check there’s nothing wrong. This will give you a chance to take them back yourself if they are faulty.

Unwanted presents?

There is no legal right to an exchange if there’s nothing wrong with the present and it’s simply not wanted.
Traders don’t have to take them back and will usually only do so if they can be resold.
If the present is simply unwanted the trader can decide whether to exchange, refund or give a credit note. You can’t insist on a refund even if there is nothing else you want.

Don’t use the present. Keep in the original packaging.

Take back as soon as possible – certainly within a couple of weeks of Christmas.

Faulty presents

Stop using as soon as you find the fault.

Tell the trader as soon as possible – your claim may be weakened if you delay.

If the trader is difficult to contact put your complaint in writing, keep a copy and get proof of posting.
If you haven’t got a receipt ask the person who bought the present if they have any other proof of purchase.

VAT Increase

Remember VAT goes back from 15% to the old rate of 17.5% on 1 January so prices on many goods will increase. If you return faulty goods for a refund you will only be entitled to the price paid before the VAT increase.