Christmas Gifts - What Are My Rights?

When buying a new present from a trader, you have all the normal rights under the Sale Of Goods Act 1979 (amended). These are that Goods must be :

Of satisfactory quality; So they should be fit for their usual purposes, safe, reasonably durable, free from faults, of satisfactory appearance and generally what a reasonable person would expect;
As described verbally by the seller, in adverts and displays, on outer packaging;
Fit for any particular purpose that you made known to the seller, for example a watch suitable for scuba diving.

Who can enforce these rights?

If the buyer tells the seller that the item is a Christmas present, then the seller can, at the time of sale, insist on dealing only with the purchaser. This rarely happens, and indeed some retailers actually give gift receipts for the recipient to use to prove the contract. Therefore the recipient of the gift can usually deal with any faulty goods.

These rights cover any gift or item bought by one person for another, but make sure that the seller is aware of when the gift is due to be given.

What if I still have problems?

If you have any problems or questions about presents - or any goods or services - more information is available from the Consumer Direct website. They can be contacted by phone on on 08454 04 05 06

Be wise and be safe this Christmas

A recent Trading Standards press release says that brushing up on your consumer rights and making sure you 'think safe' could help with a happy festive season this year.

Here are some tips to help take some of the stress out of last minute Christmas shopping and to have a safe festive season:

Keep all your receipts in case you need to return any purchases. Don’t be tempted to throw them away, as proof of purchase is invaluable if the goods need to be returned.
If anything you buy – from gifts to a new set of fairy lights – turns out to be faulty, you have the right to claim a repair, replacement or a refund. If an item is faulty, it is up to the retailer you bought the goods from to sort the matter out, not the manufacturer.
Tell the shop that you are buying it as a gift, so if it is faulty the person you have given it to can take it back. Some shops have special gift receipts.
Always remember that if the gift is not suitable, the retailer is not obliged to offer you a refund or an exchange. Many will offer a replacement or credit note as a gesture of goodwill, but this is not a legal requirement.
For expensive gifts costing more than £100, think about using a credit card. This way should problems arise; you will get extra protection from your credit card company.
When buying toys, check they have a CE mark and take account of age warnings and safety instructions. Remember younger brothers and sisters may get their hands on toys, and small parts could be dangerous for children under 3 as they may cause choking.
If you are buying off the internet remember that traders by law have 30 days maximum to deliver, unless they have promised a shorter delivery date, in which case they must stick to what they have promised.
And last but not least with the popularity of decorative candles make sure that you use them safely, as they are a significant cause of house fires. Always ensure candles won’t tip over, are never left unattended, are not near combustible materials, and they are fully extinguished before you go to bed.

David Bull Head of Leicestershire County Council Trading Standards said “These tips can help to make the festive period run smoothly. Always remember that our partners Consumer Direct ( tel.08454 04 05 06) will give you advice both before you buy and if things happen to go wrong”

For advice contact Consumer Direct on 08454 04 05 06