Goodbye musical socks

By JO THORNHILL
Updated:

 

OUTSIZED reindeer jerseys, monogrammed hankies, musical socks - we all get gifts we don't want. In fact, research by Lloyds TSB suggests that shoppers will have spent more than £2bn on unwanted presents this Christmas.

No one is legally entitled to a refund or replacement because they do not like the colour or fit of an item, but most shops use their discretion and offer an exchange or credit note.

But what if a gift is faulty? Marion Ward at Kent Trading Standards Office says: 'Consumers have the right to a repair, replacement or refund, provided the goods are returned in reasonable time.'

A receipt helps, but it is not essential. Proof of purchase such as a credit card slip or bank statement should suffice. Shoppers have the same rights when items are bought in a sale, provided the fault was not pointed out by the shop.

If a trader or shop refuses to help, Ward says consumers should find out if the seller belongs to a trade association. 'Complain in writing to the trade body,' she says. 'This can take time, but it is worthwhile. The alternative is the small claims court, but this can be costly and the onus may fall on you to prove that the goods were faulty at the start.'

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Rebecca Kane (left) from west London always keeps shopping receipts in case of dispute over faulty goods. 'I find it pays to know your rights,' she says. 'Shops will often try to fob you off, even when goods are faulty or they are not of the quality you had expected.'

But Rebecca, 28, the manager of a stately home, adds: 'If you can show that you know where you stand under the law and that you are prepared to complain, it helps. I once bought a sweater that turned out to be inferior to that advertised. The shop refused me a refund, but when I quoted my legal rights, it agreed to give me my money back.'

Shoppers who buy items online, by mail order or over the phone have extra protection under the law. Distance selling regulations mean that where there is no face-to-face contact for a sale, shoppers have seven days to cancel an order. And this can be for any reason, not just because an item turns out to be faulty.

The first rule for anyone who is sold faulty goods is to act quickly. Go back to the store straight away, phone or write. It is the store's responsibility to collect bulky items.

The law allows a 'reasonable' time for shoppers to examine goods they have bought - it varies with the item.

But if a purchase is faulty, those who act quickly should be entitled to a full refund or replacement. If they agree to a repair, this does not rule out a refund later if the repair is not satisfactory.

It is the trader's responsibility to sort out the problem, not the manufacturer's. If payment for a faulty item has been made by credit card and cost £100 or more, the credit card company can be chased for the refund, though consumers should always approach the trader first.

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