Shopping At Christmas: Rights, Refunds & Replacements
The Money Advice Service has estimated that the United Kingdom will spend 29 billion
on Christmas and UK adults will spend an average of 592 each this year according to the results of the Christmas spending survey. Gift-giving is a hugely important part of the festive season, and every year the shops are filled to bursting with shoppers looking for the perfect present for their friends and family. It is important, especially at this time of year, to be aware of your rights as a customer. When gift that you have bought for someone turns out to be broken or an item bought for your Christmas celebrations is faulty it can quickly affect your mood.In general, you have a legal right to ask for a refund, a repair or a replacement in certain circumstances. If the item you have purchased does not match the description you have the right to a refund, repair or replacements. For example, everything that the retailer says about an item, on advertising materials or on the packaging, should not be misleading, if you bought a purple teapot and when you got home and opened the box it turned out to be green you would be able to claim your legal right.
In addition, if the item you have bought is not of satisfactory quality you have a legal right to a refund or a replacement. This covers if the item is broken, has defects, is not safe to use or has problems in its appearance or finish. You will also be covered by the law if the item you have bought is not suitable for the purpose you bought it for; however this would not apply if you state to the retailer what you want the item for and they do not agree. This clause will only apply if you say that the item is wanted for a particular purpose and the retailer either agrees with you or does not say it is not right.
You will not be able to acquire a refund, a repair or a replacement if you have damaged the item yourself or you have misused it and made it faulty. Equally, if you knew that it was faulty before you bought it you cannot ask for a refund on the grounds that the item is faulty. Legally, you cannot ask for a refund or make a return if the item you have bought is simply not right for example if a dress does not suit you, it doesnt look good or you have changed your mind about it. However, in these circumstances, many shops will give returns or refunds as a matter of good will they are not legally obligated to do so.
If you find braving the shops in December too busy and too stressful you may choose to do your Christmas shopping online. If you buy items online, over the phone or by mail order the same circumstances (not matching the description, not satisfactory quality and not fit for purpose) will still apply. Retailers will also often be more lenient about returns because many people will not decide on whether they want to keep an item until they see it. When buying online, by mail order or telephone, you have some additional legal rights as a customer. You can cancel your order not only before you have received the goods but up to seven working days after the items have been provided even if the goods are not faulty. In many cases you can also ask for a full refund if your items are not delivered within 30 days.
Before and after the Christmas period there are a large number of sales by retailers trying to convince you to buy more. You may be surprised to learn that the same rights apply if you bought items in a sale as if you buy full price items. Many shops try to deter people from returning sale items by putting up signs that claim there is no returns on sale items. Retailers actually have no legal right to refuse a return if the item is faulty or does not match the description.
Finally, a situation that many people find themselves in after Christmas has been and gone, is having unwanted presents. Unfortunately, the contract formed between the retailer and the customer under the Sale of Goods Act, does not extend to the recipient of the item. This means that retailers have no legal obligation to return or refund an item if you were given it as a gift and did not buy it yourself. However, many shops will allow returns as an act of good will. In some cases a retailer will give customers gift receipts which can be given with the gift; this means that you can easily return a present that you do not want. It is important to know your rights in retail law, especially at Christmas. This year 41% of people in the UK believe Christmas will be more difficult to afford and 27% of people claim that they spend more than they can afford in the festive season. Knowing your legal rights can help you to avoid being left more out of pocket than is necessary.
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