Know your rights when buying Christmas presents

It is that time of year again when most people are buying gifts, but what do you do if your gift is faulty? And what if you want to exchange a present that you do not like and do not have the receipt? In this article I will explain a bit more about the law relating to your consumer rights.

Faulty Goods

The law relating to sale of goods is relatively straight forward. A seller has to provide goods that are of satisfactory quality and fit for purpose. Your rights under these laws are against the seller not the manufacturer. Therefore if you receive goods that simply do not work or not work as they should then in certain circumstances you are entitled to reject those goods under the sale of goods act and claim a refund, but you should do this in a reasonable time.

In most cases, you would want the seller to exchange the goods for a brand new item in working order. Example: On Christmas Eve Paul buys a model helicopter for his son Matthew and it costs £194.00. Paul gets it home, wraps it up and on Christmas day the helicopter does not work. Under the sale of goods act Paul can demand a replacement or a refund providing he goes back to the seller quickly.

Using the same example lets say that Matthew plays with the helicopter for a month and it then does not work. Paul has the right to take the helicopter back to the shop and ask for the helicopter to be repaired and/or replaced.

Exchanges

This depends on what is in the seller's terms and conditions. At the point of sale, you should ask what the seller’s policy is on returns/exchanges. Some shops offer a refund with a receipt and some only offer credit notes.

If you are buying goods online, or over the telephone, remember that under the long-distance selling regulations you have an automatic cooling off period and can return the item within that period.

Example 1: Paul buys the helicopter online and discovers Matthew does not like helicopters anymore. Paul can return the item and request a refund providing he does this within the cooling off period.

Example 2: Paul buys a helicopter from a local toy shop and at point of sale there is a sign saying “We are happy to exchange any goods providing there is proof of purchase”. Furthermore, before Paul pays for the goods he is advised by the sales assistant that there are no refunds just exchanges on goods bought. At this point, Paul can choose to leave or continue with the purchase.

Paul decides to buy the goods and hopes that his son likes his present. If the helicopter was faulty, Paul can still demand a refund under the sale of goods act legislation as referred to above.

If you have any queries relating to this article or consumer laws please telephone Kate Baker at Morgan & Pope Solicitors on 01392 274006 www.morganandpope.co.uk