Matt Crossick/EMPICS Entertainment

As we flock to the high street and internet to purchase gifts for our loved ones over the coming weeks, there is ample opportunity for shoppers to lose out by failing to assert our consumer rights.

Here is a refresher course on all you need to know to avoid getting ripped-off by retailers in the run up to Christmas and thereafter.


Sale vs. non-sale shopping rights
The Sale of Goods Act applies both to non-sale and sale items, which means you have the same rights. Under the act, goods must be as described, of satisfactory quality and be fit for purpose.
You have the right to claim for a refund, replacement or repair if sale and non-sale goods are faulty and you must aim to contact the retailer as soon as possible after purchase.

A retailer cannot try to limit your rights in sales by saying 'sale items are non-refundable', for example. If a retailer tries to do this they are committing an offence, and could be prosecuted by trading standards officers.

Traders sometimes display signs in sales saying that if you return an item you'll be refunded the most recent sale price. If you are returning something faulty you bought in a sale and within a reasonable time (three or four weeks) you should be reimbursed the full amount you paid.

However, you cannot claim under the Sale of Goods Act for faults you were told about before you bought the item. So if, for example, a dress in the sale has a hole, which was highlighted at the time, you don't have a right to a refund or replacement. The same applies if you find a fault in an item in a sale and ask for a discount.

Online shopping rights
The same rules apply when buying online as in person under the Sale of Goods Act, which means you can claim a refund, replacement or repair if goods are faulty. Shoppers have further rights when buying goods or services without face-to-face contact under the Distance Selling Regulations – which cover online shopping, mail order from a catalogue, buying from TV shopping channels and shopping by phone.

The law says that you must be given clear information about the goods or services before you buy; you must get written confirmation of this information after you have made your purchase; you can get a refund if items aren't delivered on the agreed delivery date (if a date isn't given, this extends to within 30 days) and a 'cooling-off period' is given where you can cancel your order for any reason.

A cooling off period is usually seven working days, starting the day after you receive the goods, and allows you to cancel the order for any reason and get your money back if you contact the retailer in writing.

There are certain circumstances when you don't have this cancellation right, including if the item is personalised or made to order; if the item is perishable - food or flowers, for example; for newspapers or magazines; where the security seal has been broken on a CD, DVD or computer software, or if you buy something from an online auction like eBay, which counts as a private sale

If you have already paid for the items or services, the trader must refund your money within 30 days of you cancelling the agreement. If you've been sent the wrong item or the item is faulty, you can return it and ask for your money back. In these cases the seller must cover the cost of returning the items.

What if you change your mind
If you have just changed your mind after buying something, or purchased a gift the recipient didn't like – your rights enter a grey area. If purchased online you have that seven-day 'cooling off period' in which to return the item for any reason, with some exceptions as mentioned above.

After this period, you may be stuck with the product unless, crucially, the retailer did not state the seven-day cooling off period in the original terms and conditions of the contract. In this case, you are automatically entitled to a three-month period in which you can change their mind about the purchase.

Your rights change when purchasing in store, where consumers have no legal right to return an item simply because you have changed your mind and don't want it anymore. In this case, it is completely up to the discretion of the store so it is worth checking return policies before you buy. In many cases, stores will offer a refund, or at least a credit note, in gesture of goodwill if you take it back within 28 days, but they are not obliged to by law, unless of course, it is faulty.

How to complain successfully
If you are not happy with the retailer's initial response, for example, they have refused a refund or exchange that you believe you are entitled to, exert your consumer rights by making a complaint.

Face to face is usually the first step: ask to speak to the manager and calmly explain your grievance. Make sure you can prove you bought the item or service from the trader with a receipt, invoice or bank statement, and bring in the faulty item or provide photos of the fault for bulkier items.

If the issue isn't solved, ask for the company's official complaints procedure: there may be a form you need to fill in online or complaints department to write to. Complaining by letter or email gives you written evidence to use later if the trader disputes your complaint.

Make sure to quote a reference, account or order number if you have one and include a copy of supporting documents such as receipt and photos. Describe the items or service you bought; explain the problem in detail and the actions you've already taken – including who you spoke to and what happened.

State how you want the trader to sort it out and give the trader a deadline for replying, such as 14 days. If you send the letter by post, send it by recorded delivery and keep the postage receipt, along with copies of the letter itself and contracts or receipts.

Take it further
If the retailer fails to respond or you are still not happy with the response, you have a couple of options. Firstly, if you paid by credit you have protection under Section 75 of the Consumer Credit Act, which makes the credit provider jointly liable with the trader if won't give you a repair, replacement or refund, or has gone out of business. This applies to full or part purchases on credit cards, store cards and 'credit sale' agreements between £100 and £30,000 and requires you to contact the credit provider directly.

If you paid using a Mastercard or Visa credit card, you also have the option of making a claim through their 'chargeback' scheme, which enables claims for faulty items that cost less than £100.

The last resort is taking the retailer to the small claims court. You can do this if the value of your claim is below a certain amount (£5,000 in England and Wales, £3,000 in Scotland, or £2,000 in Northern Ireland). It can be expensive and difficult to prove your case. If you lose, you may have to pay the other side's costs. But if you decide to take this route, take free legal advice from Citizens Advice before starting your court claim.

You will need send a 'letter before action': a letter giving the retailer a final chance to give you your money back, and saying you will be taking court action if they do not.

Where to go for help and advice
Consumer Direct / 08454 04 05 06

Citizen's Advice / 08444 111 444

Have you had problems returning faulty items on the high street or online? Let us know your experiences in the comments.