feature: Wise buys
13 December 2007
At Christmas you are likely to spend more than at any other time. But do you know your rights when purchasing goods? Haringey Council’s trading standards team offers some tips.
Remember to keep all receipts. You will need to show proof of purchase if you have a complaint. Put receipts away safely as you may not know a present is faulty until it has been opened.
When you buy something you are protected by the Sale of Goods Act 1979, which says that goods should be of satisfactory quality, “fit for purpose” and as described at the time of purchase. If they are not you may be entitled to a refund, replacement, repair or compensation.
If you are claiming a full refund or damages, it is you who needs to prove that there has been a breach of these contractual terms.
If you are claiming a repair or replacement within six months of purchase, it is for the trader to prove that the goods conformed to the contract at the time of sale. If it’s more than six months after purchase, the burden of proof is back to you.
Some manufacturers provide a free guarantee with goods. This is extra to your rights under the Sale of Goods Act. It may be more straightforward to claim under the guarantee, or you may have a good claim under the Act as well. If you are unsure seek advice (see information box below).
Some retailers promise refunds for unused goods within a time period. This creates additional useful rights for consumers. Ask about a store’s returns policy before you buy. Some will provide gift receipts so that unwanted presents can be returned by the recipient.
If goods are in a sale, you still have full Sale of Goods Act rights. However, if the goods were reduced in price because of a fault, or if you examined the goods and the defect was obvious, you won’t get your money back later for that particular fault.
When buying goods online you have the same rights, but for most goods you also normally have seven days from receiving them to cancel your order. There are exceptions though. Check the information supplied before confirming your purchase.
“When spending lots of money on presents it is worth getting to know your rights just in case something goes wrong or you give someone a present they want to exchange.” Cllr Nilgun Canver, cabinet member for enforcement and safer communities
Contact Consumer Direct on 08454 04 05 06, www.consumerdirect.gov.uk, or Haringey trading standards on 020 8489 5134
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