Christmas Shopping

Immediately after the Christmas period is always a very busy time for the Trading Standards Service and our experience shows that many complaints could be avoided if shoppers knew a little more about their legal rights in the run up to the festive season.

The following information is therefore intended to make your Christmas shopping a little less risky and to serve as a timely reminder of just what rights you have when buying those all important presents!

• If you buy goods that are the wrong size or colour, etc and the mistake is yours, you have no legal rights – unless you made an arrangement with the seller about being able to return the goods. In such circumstances, even the offer of a credit note or exchange is more than you are legally entitled to.

• If you’re not sure whether your gift idea will be a suitable present, check with the shop to see if you can return the item later and get a refund.

• Always keep receipts. If you wish to return faulty goods then you need to prove that you actually bought the goods at the shop in question. A receipt is the easiest way to do so.

• It is the actual purchaser of goods who has legal rights against the seller, and not the person who later receives them as a gift. (Unless, that is, the purchaser has specifically agreed with the seller to pass on their rights to the person who is to receive the gift). So, if the present you receive is faulty then it is the person who gave it to you who will need to get back in touch with the seller.

• When buying goods to give as presents, make sure they work properly and are not damaged before you wrap them and give them to someone else. Keep packaging, labels, etc at least until you know that everything is all right. Also make sure that any instructions for safe use are given with the present and are not discarded.

• You rights are the same wherever you buy goods from, whether it is a high street shop, a market trader or a street seller. Remember, though, that if you buy from someone selling ‘from a suitcase’ or in temporary premises, the chance of successfully returning faulty goods later is obviously slim.

• Similarly, goods bought in a ‘sale’ or as a special purchase or promotion should perform exactly as if they were priced normally. Your rights are just the same as with normally priced goods – unless specific defects are brought to your attention before you buy. In this case, you cannot later complain about those particular defects.

• Don’t make spur of the moment decisions to buy goods on credit. Consider carefully the total cost and how long the repayment period is – you may still be paying for this year’s gifts next Christmas and for several years after that. Make sure that you can afford the repayments before you commit yourself to anything.

• The law says that all goods you buy must be of satisfactory quality, as described, and fit for their intended purpose. If they aren’t, then provided you act quickly and reject them, you are entitled to your money back. Stop using faulty goods and notify or return them to the seller as soon as possible. The seller cannot insist on replacing them or giving you a credit note instead.

Hopefully, your Christmas shopping will be free from problems but if you do need any advice on your consumer rights then you can find our contact details by clicking the link on the left.

Happy Shopping!