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Consumer rights on Christmas returns

23/12/2003

Shoppers are being reminded of their right to return faulty goods as the high street tills ring up an extra £6 billion this month.

Consumer minister Gerry Sutcliffe said knowing your rights gives shoppers a much better chance of getting problems sorted out.

"If people open their presents on Christmas Day and find they are broken or don't work properly, they are entitled to a refund whether the presents were bought at shops, street markets, mail order catalogues or door-to-door sellers," said the minister.

Whether you are buying furniture from a discount store, clothes from a mail-order company or a watch from a market stall, you have rights as a consumer under the Sale of Goods Act.

  • Your legal rights are against the seller, so don't be put off by arguments that it's the manufacturer's fault.
  • If you act quickly you are entitled to a refund - don't be fobbed off with a replacement, repair or credit note.
  • If you keep the goods for a longer trial period you may lose the right to a refund, but you can still claim for compensation, repair or replacemen.t
  • If you request a repair or replacement, for the first six months the seller has to prove that the goods were not faulty when you bought them - not the other way round.
  • You do not have to have a receipt when returning faulty goods, but it may be reasonable for the shop to ask for some proof of purchase such as a credit card slip.

These rights only apply to the person who bought the present, not the recipient, so people may have to ask the friend or relative who bought the present to take it back.

There is no legal redress for people who damage things or make a mistake, for example if something is the wrong size, or colour.

If you are not satisfied with the response, write to the shop or head office. Further advice is available from Citizens Advice Bureau or Trading Standards.

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