Check Out Your Rights When Buying Presents and Receiving Gifts

Do you know what to do if gifts are unsuitable, faulty, or you simply do not like them.  It happens to all of us - you get a jumper which is the wrong size or a toy breaks the first time it's used.

Unwanted Gifts

Legally shops do not have to give a refund or exchange goods given as presents because the contract exists between the shop and the original purchaser.  However under new legislation the purchaser can pass on the rights to the person receiving the gift, by telling the store at the time of purchase that the item is being bought as a gift and naming the recipient.

Some stores have a well established reputation for offering a generous 'returns' policy, but legally they do not have to offer this service.  Therefore if in doubt always ask about the store policy before making the purchase.  Some will take goods back without a receipt, but most insist on 'proof of purchase.'

Defective or Faulty Goods

It is a different story if goods prove to be defective. In this case you have statutory rights which protect you and do not depend on an individual shop's policy.  Under the Sale of Goods Act 1979 (as amended) all goods have to be of satisfactory quality and fit for the purpose they were sold.

The buyer has a reasonable amount of time after purchase to examine the goods and, if a fault is found, the shop must offer a refund, exchange or repair.  The remedy offered by the shop will be at their discretion.  However, you cannot make a claim under your statutory rights for any defect that was obvious when the goods were on display, or that was pointed out to you at the time.

You should always return goods as soon as the defect is apparent.  If goods are not returned within a reasonable amount of time, usually a month, the shop may only offer you compensation and you may lose your right to receive a full refund.

Proof of purchase must be produced when you return the goods.  This does not necessarily have to be a receipt, although this is the most obvious and convenient document.  Alternatively, you can offer a credit card slip or a bank statement to support your claim.

Some shops try to use certain methods to evade their legal responsibilities.  They may ask you to contact the manufacturer direct. Although some goods do come with a manufacturer's guarantee, offering you an additional way of dealing with the problem, this will provide you with a repair only.  If you are determined to get your money back then you must apply to the store, as this who your contract is with.

Sometimes the shop will offer you a credit note, if this is not what you want, then you should refuse it.

It is important that you always remember that when you have been supplied with faulty goods you are entitled to either a refund, exchange or a free repair and your rights are against the store.

Buying by Credit Card

Buying goods this way gives you additional rights providing the cash price is over £100.00.  The Consumer Credit Act 1974, Section 75 makes both the credit card company and the trader liable for breaches of contract, such as defective goods, and this protection is very valuable when the trader refuses to help or simply disappears.

Advice on buying goods and services, and leaflets detailing your rights are available from Croydon Trading Standards Consumer Advice Service.  The Consumer Advice Service can be contacted by telephone during the hours of 10 am - 12pm and 2 - 4 pm.

Watch out for Illegal Street Trading

Croydon's trading standards are warning shoppers to be on their guard against unscrupulous traders about the town selling their illegal goods.

Counterfeit goods sold at rock bottom prices are usually of a much poorer quality than the genuine articles and will probably not turn out to be the bargain present hoped for.

Toys bought from illegal street traders are unlikely to have come from a reliable source and they may not comply with the British safety standards. The toys may appear safe but small parts may fall off and become a choking hazard for younger children.

DVDs and CDs sold cheaply seem like a snip but mostly they are poor quality copies.

Cheap batteries maybe unsafe, having higher mercury levels and are more likely to leak. Anyone who has purchased cheap batteries would be better off throwing them away.

Croydon trading standards is urging people not to buy goods from illegal street traders or goods that they know are counterfeit. Anyone who suspects that counterfeit or unsafe goods are on sale is asked to inform them.

Telephone: 020 8407 1310
Email: trading.standards@croydon.gov.uk
Address: Trading Standards Service, Croydon Council, Taberner House, Park Lane, Croydon, CR9 3BT
Fax: 020 8760 5786
Minicom: 020 8760 5797
Typetalk: 0800 959598

Distant Selling Regulations

As well as being covered by normal buying and selling legislation, goods bought and sold via the phone, mail order and the internet are also covered by Distance Selling Regulations.

For further information visit:

• www.dti.gov.uk
• www.oft.gov.uk

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Saturday, 5 July, 2008

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