Faulty Christmas present – what are my rights?
Under the Consumer Rights Act the retailer is responsible for providing goods that are of satisfactory quality, as described and fit for purpose to the person buying those goods.
The customer purchasing the goods should do the following:
- Act quickly for a refund
You only have 30 days in which to reject something that’s faulty and get your money back.
- Repair or replacement
If time has run out for a refund, or if you prefer, you can ask for a free repair or replacement. If that repair or replacement is unsuccessful then you are entitled to a refund.
- Make contact as soon as possible
We recommend phoning or visiting the retailer to explain the problem as soon as possible. In the first six months from when you purchases the item, the onus is on the seller to prove the item was of satisfactory quality at the point of sale.
- How to complain if the retailer won’t budge
If you encounter a retailer that refuses to refund, repair or replace a faulty item, you should complain in writing to the store manager. But you may need the person who bought the gift to pursue the retailer as the sales contract is between the purchaser of the goods and the seller.
- Go to the Ombudsman
You can escalate your complaint to the Consumer Ombudsman providing you have given the company a reasonable amount of time – usually up to eight weeks – to resolve your problem.
Christmas gift returns
It’s worth noting that if you’re the recipient of a Christmas gift that’s faulty, you may need to ask the person who bought it to take the item back to the shop or to give you the receipt because the contract is between the purchaser and the retailer.
Fortunately, many retailers issue gift receipts or have returns policies geared around gifts at Christmas which may make it easier to take the item back without having to involve the person who gave you the gift.
Using guarantees and warranties
What are they? Most electrical items are sold with a manufacturer’s guarantee (or warranty), often for a year. Guarantees are a contract between yourself and manufacturer. The manufacturer must do whatever it says it will do in the guarantee. Usually this will be to repair or replace a faulty item.
When to use them If a fault occurs after purchase and you don’t have the receipt (and don’t want to ask for one), pursuing the guarantee may be your best remedy.
Online return rights at Christmas
If you receive a faulty item that you bought online, your rights under the Consumer Rights Act remain the same as if you bought the item from a high street store.
But the good news is you also have additional rights that allow you to cancel your order (for most items) under the Consumer Contracts Regulations.
From the moment you place an order up to 14 days after you receive your goods you are legally entitled to cancel your order.
As with shopping on the high street, retailers often extend their return periods at Christmas so it’s worth checking return policies as these may give you longer to change your mind.
There are some items that the regulations don’t allow you to cancel. For example, personalised and made-to-order items or perishable products, such as flowers.
source:http://www.which.co.uk/consumer-rights/advice/i-have-a-faulty-christmas-present-what-are-my-rightsacessed 23/12/16 - Picture:https://tyronetribulations.com/tag/mountfield-2/accessed23/12/16 Disclaimer:The information in this website is for general guidance on your rights and responsibilities and is not legal advice. If you need more details on your rights or legal advice about what action to take, please contact an adviser or solicitor.