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The
less than wond'rous gift
Christmas
looms and soon you will be unwrapping bright packages. But what
if the contents are not quite what you had hoped? Nell Boase looks
at your consumer rights.
Thursday December
4, 2003
There are two
types of problematic presents: those that are faulty and those you
just do not like. The way to deal with them will depend on how the
gifts were purchased: was it in a shop, online or by mail order?
Unwanted
items
The main thing
to remember is that shops are not required by law to take back goods
simply because you do not like them. By contrast, mail order or
internet sellers are required to provide a seven day "cooling
off period" to allow you to examine your purchase.
Of course,
many shops do offer a returns policy that includes a "no quibble
guarantee" or "in-home trial" where you are allowed
to return goods, for any reason, within a specified number of days.
The shops are legally required to stand by whatever policy they
quote.
If the item
was purchased online then you should be able to send it back without
a reason but beware of return deadlines. Companies are only required
to provide a seven-day window, though many are lenient about delays
around Christmas as they acknowledge that you may only just have
received a gift.
Unless, the
retailer specifies otherwise, expect to pay the cost of returning
goods. This may be simply the petrol or bus ticket to the store,
but with online vendors you may end up paying for recorded delivery
- an expensive undertaking for a heavy item. If the online vendor
has a high street outlet - such as John Lewis - you can often return
the goods to a store.
Faulty items
No matter what
returns policy a vendor has, it will not affect your statutory rights.
These basic consumer rights are laid down in Sale of Goods Act 1979
(amended by the Sale & Supply of Goods Act 1994) and they refer
to faulty or substandard items.
Essentially,
if an item is faulty, you are entitled to a full refund or free
repair.
There are three
other counts on which you are allowed to require a refund:
• The
goods are not of satisfactory quality. The quality of goods includes
their appearance and finish, their safety and their durability.
Goods must be free from defects, even minor ones, except where these
defects have been brought to your attention by the seller.
• The
goods are not fit for their purposes. This includes any particular
purpose mentioned by you to the seller; for example, a computer
game that cannot be played on the machine you had specified would
be classed as unfit.
• The
goods are not as described. If you are told that a shirt is 100%
cotton, then it should not turn out to be cotton and polyester
Note that in
these cases you do not need to produce a receipt but you may be
required to provide proof of purchase. You should be able to use
a visa slip or similar.
Points to
remember
There is quite
a range in companies' returns policies. If you know that your friends
and family are always returning presents - no matter how lovingly
they have been selected - then do factor this in when you are deciding
where to buy your CDs and books.
If it is not
too discourteous, ask the giver for the receipt for any gift you
want to return; you will be more likely to get a refund or exchange
from a shop if you can prove the item came from them. If you are
the giver, then keep your receipts and sales documents in case,
heaven forbid, someone wants to return one of your gifts.
As ever, being
polite will win you points. If you are having problems with a sales
assistant, it is always worth asking to speak to a manager as they
may have the authority to grant you a refund. Look at the OFT website's
section about how to complain for more pointers.
Useful contacts
Office
of Fair Trading
Trading
standards services are a source of advice and some will provide
assistance. You'll find your nearest service listed in the phone
book under your local authority.
Citizens
Advice Bureaux help with consumer problems and with going to
court.
Court
Service provides information and advice about the legal process,
including the small claims procedure.
Many contractors
and suppliers of services belong to trade associations which run
arbitration schemes. They are listed in the phone book under "trade
associations" or "institutes".
Refund policy
examples
Amazon
(online retailer)
Their "no quibbles" guarantee means that if for any reason
you are unhappy with your purchase, you can return it to them in
its original condition, within 30 days of the date you received
the item, unopened (with any seals and shrink-wrap intact) and they
will issue a full refund for the price you paid for the item. You
will have to pay for postage and it is wise to make this recorded
delivery.
Cdwow
(online retailer)
If for any reason you are unhappy with your purchase, you can return
it to them in good condition within 14 days and they will issue
a full refund for the price of the item, less a charge of £1.50
for handling, insurance and restocking. They will be happy to refund
the purchase price in full if the return is a result of their error
or a defect.
Next
(clothes shop)
Returns are free of charge. Simply return any unused item within
14 days for a full refund to your account. You can return items
through their stores, excluding large, bulky items. Stores cannot
exchange items bought online. You should remember to bring your
delivery note. You can also return items by courier (they provide
a number) or by post using their prepaid label.
John Lewis
(department store)
Any item may be returned for any reason within 28 days of the date
of despatch so long as it remains in a saleable condition. They
will refund the price of the item and delivery to the purchaser.
Debenhams
(department store)
If you are anything less than delighted with any gift, fashion or
home item for any reason, you can return it unused and in a saleable
condition within 28 days of receipt for a full refund.
Argos
(catalogue store)
If for any reason you are not completely happy with your purchase,
simply return it within 16 days of delivery, unused in its original
packaging together with the receipt, to any Argos store. They will
exchange it or offer you a full refund
HMV
(record shop)
Items purchased in error or unwanted gifts can be returned for exchange
provided they are returned in perfect condition, accompanied by
a valid Customer Advice Note and within 21 days of receipt. All
goods must include original packaging. They are unable to accept
items that have been previously exchanged or multiple returns.
This sounds
as if they never give full refunds, but they do actually comply
with the law by having a "withdrawal" process for online
purchases whereby you can cancel your order and return goods up
to seven days after having received them.
Virgin
(record shop)
Items purchased in error or unwanted gifts can be returned for exchange
or vouchers provided they are returned in perfect condition with
a receipt and within 28 days.
You may cancel
an online order for goods for any reason at any time up to the end
of the seventh working day after you place your order even if you
have already received the goods. You must not remove the item from
its sealed pack and you must pay for the return postage.
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