Do you know your Christmas shopping rights?
Buying Christmas presents can either be a joy or a stressful affair depending on your point-of-view and there's the potential for even more confusion when it comes to your rights if you need to return them.
The new Consumer Rights Act, which was introduced on October 1, 2015, replaced 12 existing laws with regard to business-to-consumer transactions, including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.
To avoid the potential pitfalls and be ready for any unexpected hurdles, it's best to know what you can and can't expect when buying and returning goods.
If you do get involved in a dispute with a retailer, resolving it has been made a lot easier.
Previously, consumers would often have to pay to take businesses to a small claims court to get their problem sorted.
Now it's easier for people to go via Alternative Dispute Resolution, which uses other routes to solving disputes such as going to an Ombudsman for free.
Here are some of the most common questions:
If an item is mispriced on the shelf, am I entitled to buy it at that price?
The retailer has no obligation to sell an item to you at the price labelled on the shelf (or listed online). If the retailer notices the error before the transaction is completed, they are within their rights to refuse to sell it to you at that price.
However, if your sale has been accepted and they have taken your money, you can normally insist the retailer honours the price as you have entered a contract of sale.
Can I return an item without a receipt?
In some cases, yes. A store is not obliged to actually give you a receipt but you will need some sort of proof of purchase such as a credit card or bank statement. If you paid cash or received the item as a gift and don't have a receipt, you will probably find it difficult to return it.
If a product is faulty, is the retailer or manufacturer responsible?
It is always the person who sold you goods with whom your statutory rights under the Consumer Rights Act are enforceable. Therefore it is the retailer who is responsible for dealing with any issues. You can, however, choose to use the manufacturer's guarantee if you prefer.
Can I get a refund if I change my mind about an item?
A high-street retailer does not automatically have to give you the right to a refund if the item you're returning isn't faulty or is the wrong size. However, in a world filled with competition from other stores and online retailers, the majority of shops will give you a refund or store credit unless stated otherwise. It's a different story online, but in a good way, as you are entitled to a 14-day "cooling off" period to cancel the order whether the item is faulty or not. This begins on the day the item is delivered.
Can I return sale items?
One of the most common misconceptions is that there are no refunds on sale items. If an item is sold at a discounted price but no fault was highlighted at the time of purchase, or one is present that you could not have been reasonably expected to notice before you bought it, you are entitled to a refund. However, if the product was sold as defective in some way, getting a refund will likely be a struggle.
Retailers may still be liable for repairs and replacements for up to six years – five years in Scotland – if you can show that the product was faulty when you received it.
What about online shopping rights?
You actually get more rights when shopping online. Here's advice from Which?:
Consumer Contracts Regulations are special laws and regulations that give you extra protection when you shop online, or with a catalogue or over the phone.
Cancelling your order: You can cancel your order for goods ordered online anytime from the moment you place your order up to 14 days after you receive it.
What you can't return: There are some items you can't return if you simply change your mind, such as CDs, DVDs or software if you've broken the seal on the wrapping, perishable items such as food and flowers, and tailor-made or personalised goods.
Returning goods: If an online shop doesn't explain who pays to send returned goods back, then they must pay.
Contacting the retailer: Online retailers have to give details of who they are and provide a geographical address and an email address at which to contact them.
T&Cs to watch out for: Some online retailers say that the price of your order will be fixed the day the goods are dispatched to you. Most supermarkets do this, so if you're ordering lots of half-price goods to be delivered next week, bear in mind the deals might have ended by then and you may end up paying more.
Returning faulty goods: Under the Consumer Rights Act items must be fit for their purpose, as described, and of satisfactory quality. If you have to return an item for one of these reasons, give the retailer the chance to collect it or ask for the cost of postage back.
For more information on your rights, including digital downloads, read our guide to the Consumer Contracts Regulations.
If you're having trouble getting a refund or a repair then you can contact Trading Standards via the Citizens Advice Consumer Service on 03454 040506 or online at www.adviceguide.org.uk
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