Our post-Christmas guide to consumers' retail rights will help sort out gift returns and refund-related problems
It is that awkward time between Christmas and the new year when the only worthwhile thing you can achieve is work out what on earth to do with all those presents that you don't like or which are faulty.
Although you have a veritable battery of legal rights to protect you, retailers do not always make it easy for you to get what you are entitled to.
Forewarned is forearmed, of course. Before Christmas, the consumer group Which?'s Legal Service advised festive shoppers to check returns policies and to routinely keep all receipts. A survey carried out by Which? Legal Service showed that while 9.9 million consumers had tried to return an unwanted gift in the last two years, 82% of those had difficulty getting a refund.
Geoffrey Woodroffe, author of the new edition of Woodroffe and Lowe's Consumer Law and Practice, published by Sweet & Maxwell, said: "Shoppers put enormous trust in high street brands and find it hard to believe that so many major retailers either get the law wrong or deliberately try to mislead consumers about their rights."
Our post-Christmas guide to your consumer retail rights will help you through the maze:
Is time on my side?
It is best to take things back as quickly as possible ? particularly if a gift is faulty, not as described or not fit for purpose. If you do so within four weeks you will usually get a full refund as you are unlikely to be seen as having "accepted" the goods. But after that you can only expect exchange, repair or part-refund.
I don't have a receipt for the present I want to take back. Can I still return it?
By law, a trader is not obliged to give you a receipt, so by the same token the buyer doesn't have to provide one when returning an item. As such, you may be able to return an item without a receipt, but you should be able to provide some form of proof of purchase. This will mean going back to the person who gave you the present if he or she still has a credit card slip or a statement that will prove when and where the item was purchased.
My grandma bought me a jumper that is ghastly and which I will never wear, even though it fits me. Can I take it back to the shop?
That depends. Shops are not legally obliged to accept returns unless they were faulty when they were bought, they are not as described or they are not fit for purpose. If it just does not fit you properly, or you don't like it, you have no automatic right to return it.
However, many shops have their own returns policy ? particularly when it comes to Christmas gifts ? so you may find the shop is willing to accept your unwanted item. The shop's own policy has no impact on your legal rights under the Sale of Goods Act.
Many retailers will happily refund or exchange gifts without question, especially if the item was clearly bought from them. In some cases, though, if you want to secretly return a gift without telling the person who gave it to you, you may find it tricky without a gift receipt.
The shop's manager insists I have to go back to the manufacturer about the problem ? is that the case?
No. The person who bought your gift has a contract with the vendor, not the manufacturer, so it is down to the shop to deal with any problems.
What are my rights on sale goods?
Signs saying "No Return On Sale Goods" are commonplace but are actually illegal. If goods purchased are faulty or not as described, consumers still have their usual rights.
Are there any goods that are not refundable?
Many items such as CDs, DVDs and computer games for example can be refused a refund if they are no longer sealed. Fresh foods and flowers also fall into this category, along with personalised items which have been monogrammed or engraved with your name.
Do I have to accept a credit note?
If the gift is faulty, your rights under the Sale of Goods Act kick in. Under these circumstances you do not have to accept a credit note and are entitled to ask for your money back. In fact, if a shop puts up a sign telling customers it will only offer credit notes ? even in the case of faulty goods ? it may be acting illegally. However, if you just don't like your present, the shop is not obliged to let you return it. In this instance, some stores may offer a credit note as a gesture of goodwill.
My husband bought me some clothing online but I do not like it. Can I return it?
Not only are you covered by the same laws that protect consumers shopping on the high street, but there is some extra help for online shoppers. While some retailers may have more generous policies, under the Consumer Protection (Distance Selling) regulations 2000, you have seven working days from the date the item was delivered to cancel the order and return a gift ordered online, even if it's just because you don't like it. The retailer should then refund you within 30 days of you cancelling the order.
My boyfriend bought me a pair of designer trainers but it turns out they are fakes. What can I do?
You may be able to use your statutory rights against the seller ? as the goods may not be as described. For further advice on this you should contact Consumer Direct on 08454 040506. If you paid by credit card, you may be able to claim a refund from your card issuer, if the price was more than �100 (but not more than �30,000).
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