Retail Bargains |
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Your Money > Retail Bargains Articles > Shoppers, know your rights!
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By Sarah Modlock
There was a point where taking something back to the shop was such a hassle that it was easier to forget it, give it away or flog it, whatever it was. But that's exactly what some shops want us to do. And they hope that everything from indifferent staff to epic queues will put us off refunds and exchanges if we do get as far as going back to the store. At this time of year it pays to know your rights when it comes to returning unwanted, broken or faulty items. Make sure you know your retail facts from the myths. When you just don't like it.... Despite what you may think or assume, retailers are under no obligation to provide refunds or exchanges on items that are simply unwanted. Many shops will but will perhaps only do this within a specified time limit which will differ between shops (so check carefully). However, with some items such as DVDs and CDs where the seal is broken, you are unlikely to get any joy. Generally, your chances of securing a refund are much higher if the item is in all its original tags and packaging. If the gift was bought with a debit or credit card, any refund will normally only be credited back to the cardholder. It may be easier to opt for an exchange or ask the gift giver whether they can exchange it for you.
If you don't have a receipt... You're unlikely to get a cash refund - and in some cases even an exchange or credit note without a receipt. This can prove difficult with Christmas gifts unless a forward thinking present giver has kept the receipt for this purpose. If the receipt is nowhere to be found then the retailer might accept sight of your bank or credit card statement as proof of purchase but it's their call. When the item is faulty or broken..... If an item is broken or faulty then your rights are stronger. To start with any item purchased should generally be free from defects, as well as being fit for its usual purpose, of a reasonable appearance and finish, safe and durable. This does not mean that if your seven-year-old stamps on a digital camera it can be returned as faulty. But if the camera just stops working a day after it comes out of the box then there is clearly a problem. The retailer may try to blame the manufacturer but it is in fact the shop's responsibility to compensate you. It should not matter whether the item was bought at full price or in a sale, unless the fault or flaw was pointed out at the time of purchase and you were advised the item could not be returned for that reason - something which is usually noted on the receipt, too. And bear in mind that if you are returning goods because they are faulty and the shop has subsequently reduced the price of the item, you are still entitled to a refund at the price you originally paid for it. If the item has not been used or used only a few times, the shop will usually replace it or offer a refund. Goods with minor faults or items which have been used several times will often be repaired instead. When returning faulty goods although you will usually be asked to produce some proof of purchase - a receipt or credit card or bank statement. The item was bought in a sale... Sales used to happen in January, not December but the credit crunch has changed all that so the chances are that you or someone you know has bought Christmas presents at sale prices this year. Your rights for sale goods are the same as for non-sale purchases. If you see signs in stores which say 'no refund on sale items' these are unlawful and should be reported to Trading Standards. As mentioned above, this does not apply when a fault is pointed out when you make the purchase and is made a non-returnable condition of sale. If the item was bought online or via mail order... If you buy something online, via television, mail order or telephone then this is known as 'distance selling' and means you have extra rights. All items sold 'at distance' come with a cooling-off period of seven working days. This means that regardless of whether an item purchased online is faulty, you are entitled to return it in the same condition within the seven working days period and receive a full refund. There are some goods that cannot be returned though - fresh flowers, food, newspapers and magazines, DVDs and CDs and any item that has been personalised are excluded from the seven day rule. You may have to pay postage costs for sending an item back, though some online retailers with high street branches let you take items ordered online back to a branch and some retailers will refund postage costs for faulty goods, so you should always ask. Unfortunately the above rules do not apply when you buy from a foreign-based company, although a court judgement earlier this year found that credit card purchases made outside the UK are automatically protected under the equal liability provisions of the Consumer Credit Act. The ruling apparently also applies to online credit card purchases made in the UK but from a foreign supplier. If you paid by credit card... If you have paid for the goods by credit card (not debit or charge card unless issued by Visa), and the value is between £100 and £30,000, the credit card company has obligations to you, too, by virtue of Section 75 of the Consumer Credit Act 1974. 'Equal liability' means that both the credit card company and the supplier have the same obligations and responsibilities to you for the goods being satisfactory. So if the goods are faulty, your card issuer can provide a refund and then take the matter up with the supplier. If you would like more information....Office of Fair Trading: http://www.oft.gov.uk/ Citizens Advice: http://www.citizensadvice.org.uk/ Government-funded advice: http://www.consumerdirect.gov.uk Useful links: |
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