Christmas shopping takes time, thought, patience and usually a fair chunk of your budget.
Most of us hope the presents we buy will be enjoyed without any fuss and the gifts we receive will be just what we wished for.
Unfortunately, things don’t always go to plan, which can add to the stress you are already experiencing in the festive period.
Maybe you have had a jumper that arrived with a stain, a new gadget that refuses to turn on, a subscription service that falls short of what was promised or perhaps something you ordered has turned up chipped.
Whatever it is, you’ll be glad to know that UK consumer law offers strong protection across these situations, so a disappointing gift does not have to become your Christmas nightmare.
Faulty or misdescribed gifts
The Consumer Rights Act gives clear routes to a remedy for a faulty purchase, but there are three key periods to keep in mind:
- Within 30 days – A buyer can ask for a full refund if the item is faulty, damaged or not as described. The clock starts running either on making the purchase in-store or if an order is placed for delivery or collection, when the purchaser receives the item. This potentially shortens the window for a full refund for those faulty gifts ordered early.
- After 30 days – A buyer no longer has a legal right to a refund after 30 days but is entitled to request a free repair or replacement if the item is faulty. If these replacement items fail, then the purchaser can usually ask for a refund.
- After six months – A buyer must show the fault is an inherent one and already existed at the time of purchase albeit that it might have only revealed itself later. In this situation, it is advisable to rely on expert evidence or contemporaneous evidence to prove the cause of the fault.
Customers may be able to make a claim for a faulty item they’ve bought for up to six years from the purchase date. The longer you wait, the more difficult it will be to prove that there was a fault from the beginning.
Unwanted gifts
High street retailers are not required by law to take back items that are not faulty.
So, if you don’t like a gift or it’s not the right fit, you are not guaranteed a refund or replacement.
However, many shop owners offer their own “goodwill” returns policies, and some offer gift receipts or extended returns for the Christmas period, but these vary across the stores and you should be sure to check the retailer’s policy prior to purchase.
It is crucial that you retain the receipts and gift receipts to prove the purchase should you need to return an item.
If you’re giving someone a gift this Christmas, make sure to include the gift receipt so they can approach the retailer directly for any faults or swaps more easily.
Consumer rights for online orders
Online, mail and phone orders fall under distance selling rules, which give customers extra protection.
A buyer can cancel an order within 14 days of receiving the goods, even when everything is in working order. Once they have stated their intention to cancel, they have a further 14 days to return the items.
A seller must issue a refund within 14 days of getting the goods back. No explanation is required from the customer, as the right to cancel applies without conditions under these regulations.
Resolving disputes over purchased items
Sellers must handle problems fairly, although they are entitled to ask for proof of purchase.
Contacting them directly usually resolves matters, especially where you can provide proof of purchase with either a printed or digital receipt.
Taking pictures of the fault as soon as you notice it can also provide valuable evidence to support your case should it escalate, as will proof of correspondence you have had with the seller.
If the item is delivered, you should check it and refuse to accept it if it is damaged or make a note with the courier when signing the delivery note.
If trying to resolve the issue directly with the seller does not work, you can explore Alternative Dispute Resolution (ADR) methods to help settle the issue. ADR can help when communication between parties has broken down.
Also, remember that if you have paid for the item using a debit or credit card, you might be able to make a claim through your bank under the chargeback scheme or against the credit card company under s75 Consumer Credit Act 1974.
This will depend on the value of the item purchased and the amount of time passed.
If you are unable to get a resolution using the above means, then you might need to make a claim to get a remedy.
Your decision to pursue the claim will likely depend on the amount in dispute. Generally, claims with a value of less than £10,000 can be brought by non-lawyers in the small claims court, although it might just be worth obtaining initial advice and guidance to help you with making the claim.
If you are having trouble resolving a consumer goods dispute, contact our consumer rights disputes team for support.