Know your rights at Xmas Many people will receive unwanted - and even faulty - gifts this Christmas. But few consumers know their legal rights when it comes to returning items to a store. Some retailers may try to duck out of their responsibilities if goods or services are sub-standard, so you need to know the rules. If the item is simply unwanted If you get a gift you simply dont like and you have the receipt - or a gift receipt - most high street retailers will let you exchange the item for something else in the shop, particularly after Christmas. Legally, however, shops don’t have to do this. However, if shops do advertise a returns policy it will be legally binding, however, as will a verbal assurance from the shop. In which case, make a point of at least remembering the name of the sales assistant you speak to. If you are returning an item under a returns policy, make sure the stuff goes back in its original condition. This means not taking off price tags and labels, or removing the wrapping from CDs and similar item. Faulty goods Where goods are faulty the law is tighter. At its simplest, the law states that an item must be of a satisfactory quality. This means generally free from defects, as well as being fit for its usual purpose, of a reasonable appearance and finish, safe and durable. It must also be fit for the purpose described. You are also covered by the Misrepresentation Act 1967. If you are told that an item would perform a certain job and it doesnt, its function has been misrepresented to you and you are entitled to your money back. A trader may also be guilty of a criminal offence under the Trade Descriptions Act 1968 if he or she tells you something about an item that turns out to be untrue. Misleading prices Finally, there is Misleading Prices - Consumer Protection Act 1987. For example, if a flight shop advertises a return trip to New York for £25, but when you call it turns out that it never was available at that price, you cant make it sell you a ticket at that price. But you can report the shop to local Trading Standards. Receipts and proof of purchase A receipt is not required for faulty goods although you will usually be asked to produce some proof of purchase, such as a credit card or bank statement. The retailer may try to blame the manufacturer but it is the shops responsibility to compensate you. Some shops may also say they don’t have to refund faulty goods if they were bought in a sale. This is not true. If sale goods are faulty and this wasnt made clear in the store the customer is entitled to a refund. Signs in stores which say no refund on sale items are also unlawful and should be reported to Trading Standards. Credit card purchases If you have paid for the goods by credit card (not debit or charge card), and the value is £100 or more, the credit card company has obligations to you, too, by virtue of Section 75 of the Consumer Credit Act 1974. A principle known as equal liability means that both the credit card company and the supplier have the same obligations and responsibilities to you for the goods being satisfactory. Purchases outside of the UK and time constraints A court judgement earlier this year found that credit card purchases made outside the UK are automatically protected under the equal liability provisions of the Consumer Credit Act. The ruling also applies to online credit card purchases made in the UK but from a foreign supplier.
Posted on: Tue, 23 Dec 2014 09:00:47 +0000
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