Christmas Consumer Rights

Former_MSE_Wendy

What this is all about?

Christmas is no different from any other time of the year; shops must still adhere to the proper rules and regulations. Here's a guide to a few myths and rights about Christmas. .

• MYTH 1. If it doesn’t fit, you can take it back.
  
  If there’s no fault, e.g. if you buy the wrong size or change your mind, you've NO legal right to return goods.
  
  Yet many shops' policies do allow it, though then you need to accept it sets the rules, so if it says "only a credit note", then you must obey it. However if it has a published policy then it must stick to it, or you can argue it breached the "contract" made when you purchases.

• RIGHT 1. You must be a SAD FART!
  
  If goods don't follow what I remember as the SAD FART rules, i.e. be of Satisfactory quality, As Described, Fit for purpose And last a Reasonable length of Time, then they're faulty, take 'em back.

• MYTH 2. You need a receipt to return faulty goods.
  
  With faulty goods you just need to prove purchase. Receipts are the easiest way, yet any other legitimate proof is acceptable.

• RIGHT 2. Buy online & you CAN return without faults.
  
  Unlike instore, the Distance Selling Regulations mean you've a right to a no-fault return for online orders (and telephone, catalogue etc.) within seven days of receipt.

• MYTH 3. You’ve no rights on eBay.
  
  If the person’s a ‘trader’ who makes some or all their living buying or selling, or it’s a ‘buy it now’ sale, you’ve the usual SAD FART rights. Yet if it’s a private seller, then it’s just “let the buyer beware”.

• RIGHT 3. Your rights are with the retailer.
  
  If goods are faulty legally your agreement is with the retailer NOT the manufacturer. If the shop says you must go to the manufacturer, it's wrong.

• RIGHT 4. Get money back on late Christmas deliveries.
  
  If you or the retailer specified the goods were for delivery before Xmas, and you didn't get them in time, it's a breach of contract and you've a right to compensation. Thus write "must be delivered before Christmas" on order documents before signing.

What if a store refuses your rights?

If a store refuses your rights, ultimately it's an issue for the courts. Yet on the other hand, even when you don't have rights, be polite and stores'll often allow leeway, after all they want to protect their brand. For more read the Consumer Rights guide.

Click reply to discuss
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chrisw70

Possibly more applicable in the current climate - does anyone know how we stand on returning goods to a retailer that's in administration?

MattBadger

Hi, this is my first ever post so go easy on me, please!

The Martin's Money Tips email that pointed to this forum contained the following quote:

Faulty: If the goods broke the 'SAD FART' rules ie it wasn't of Satisfactory quality, As Described, Fit for purpose, And lasting a Reasonable length of Time, take it back asap and you've a right to a full refund.

I came here to clarify this rule, but there's no more information, so here goes my post:

What defines whether a shop must refund a faulty item or is allowed to try to repair it first? I witnessed this in a shop yesterday - a customer was trying to return a jacket that had a huge gap where the seam had failed, but the shop staff were arguing that they had to send it away for up to 28 days to investigate a repair.

Who was right? If a brand new car broke down after a short time, it seems accepted that the manufacturer is allowed to repair it, rather than replace it with the next shiny car in the showroom.

The car's an extreme. At the other extreme, there are many items that most shops wouldn't bother trying to repair and would replace immediately (cheap digital watch, perhaps). But what about all the other stuff in between? Is a shop allowed to insist it tries to repair a laptop first, instead of replacing it? What about a huge stereo system? A jacket? A food processor?

Tact, pleasant persuasion and tugging on the shop's image strings can all help, but if we still get a stalemate, what are the rules?

hippey

The rule is common sense.

Although I know some stores are more difficult to deal with than others

Most courts would see it in a basic common sense way, along with the various pieces of legislation which cover consumer law.

For instance, I had a hifi which after just over two years went faulty, (out of warranty) used only every so often, I had the receipt so took it back to the store where I bought it, explained the problem and based on the fact that for the price 2 years occasional use I considered it not fit for purpose, a discussion took place and I got the unit repaired free of charge in the end. A few months later the same fault appeared on the unit and again back it went. The hifi was the exchanged for one to the same value.

However in another case, I had a Tumble Dryer which failed after only 3 years, however as I have used it to death (nappies for 2 babies!) the retailer agreed to fix it free of charge, but I pay for parts, a brief investigation in the possible price of parts did show I might as well spend about £20 more and get a new one with a free 5 year warranty (at the time).

In all you have to think is should the item for this price, for the use it has had, and the age of it last longer. However it can also be that a repair could be effected but at a shared cost.

Little_Chicken

MattBadger wrote: »

Hi, this is my first ever post so go easy on me, please!

The Martin's Money Tips email that pointed to this forum contained the following quote:



I came here to clarify this rule, but there's no more information, so here goes my post:

What defines whether a shop must refund a faulty item or is allowed to try to repair it first? I witnessed this in a shop yesterday - a customer was trying to return a jacket that had a huge gap where the seam had failed, but the shop staff were arguing that they had to send it away for up to 28 days to investigate a repair.

Who was right? If a brand new car broke down after a short time, it seems accepted that the manufacturer is allowed to repair it, rather than replace it with the next shiny car in the showroom.

The car's an extreme. At the other extreme, there are many items that most shops wouldn't bother trying to repair and would replace immediately (cheap digital watch, perhaps). But what about all the other stuff in between? Is a shop allowed to insist it tries to repair a laptop first, instead of replacing it? What about a huge stereo system? A jacket? A food processor?

Tact, pleasant persuasion and tugging on the shop's image strings can all help, but if we still get a stalemate, what are the rules?

What a coincidence. This is exactly what I'm dealing with at the moment. I bought a coat online from mywardrobe.com. It was poor quality, within a few weeks one of the seams had started to come undone, and I also spotted a hole at the bottom of the back of the coat. They sent it to the manufacturer a couple of weeks ago, but everytime I contact them they 'have no news'. I bought the coat with my EGG card, and they have confirmed they will pursue the company for a refund if I get no joy in the next couple of weeks.:cool:

lemonstar

• MYTH 3. You’ve no rights on eBay.
  
  If the person’s a ‘trader’ who makes some or all their living buying or selling, or it’s a ‘buy it now’ sale, you’ve the usual SAD FART rights. Yet if it’s a private seller, then it’s just “let the buyer beware”.

I bought a "Buy It Now" item on ebay for about £15 using PayPal. It's an FM transmitter that keeps cutting out when there is a quiet few seconds between tracks (I have to manually reset the device to get it working again) so it's not working properly (IMHO) as I (and hopefully any reasonable person) would expect. I don't know how to tell if the seller is classed as a private seller or a trader - how do I do that? I emailed to ask if they would accept it back but they replied:-

"Hi, thank you for your enquiry. Unfortunately we are not responsible for manufacturer's fault and we are not legal distributors of their products.
The manufacturer does not offer any warranty on their product either. At this stage we cannot offer any refund, as the product was sold brand new and we were not aware of any manufacturer's fault. Sorry. Kind regards."

According to their ebay profile the seller lives and works (runs a pub) in the UK. Do I have any right to a refund?

TIA

zenseeker

lemonstar wrote: »

Do I have any right to a refund?

TIA

Yes you do, as long as you paid through PayPal you can launch a claim as the item was faulty, you will then be asked to return the item to the seller (via a trackable method such as Special Delivery) and you should get a refund.

You'd be best off posting this enquiry in the eBay forum where someone can probably explain better.

Matty_B_3

Having purchased a Carling Draughtmaster in Nov 2007, it became faulty in a couple of weeks. Argos replaced it, and again a faulty replacement was given in April. That one became faulty in Nov 08, and they refused to give a full refund as they said they have a pro-rata scale to refer to, for "fair-usage". Despite attempts to get a full refund, they finally gave me another replacement.

However, I have never heard of or come across such a thing as a partial refund based on usage over a period of time when it was actually working. Is this correct, as it certainly doesn't seem fair?

ataylorrl

Where do free gifts stand with warranties etc?

Purchased a mobile contract through major mobile shop and online supplier (in most towns and outlets) with a "free" laptop. Since (it seems) downloading the latest windows update last week, the DVD player won't play and the wireless button no longer works. Refuses to go back to the restore point created just prior to the windows update.

Any advice?

shirlgirl2004

Matty_B wrote: »

Having purchased a Carling Draughtmaster in Nov 2007, it became faulty in a couple of weeks. Argos replaced it, and again a faulty replacement was given in April. That one became faulty in Nov 08, and they refused to give a full refund as they said they have a pro-rata scale to refer to, for "fair-usage". Despite attempts to get a full refund, they finally gave me another replacement.

However, I have never heard of or come across such a thing as a partial refund based on usage over a period of time when it was actually working. Is this correct, as it certainly doesn't seem fair?

Yes a partial refund is legal and fair if you have had use of the goods for a reasonable amount of time before the fault occurs.

old_lady_2

What is the situation regarding faulty toys bought from Woolworths? I have a very disappointed grandson whose Glow bear stopped glowing within a couple of days.