So what rights do you have when buying and returning presents?
The Consumer Guarantees Act and the Fair Trading Act both have
the role protecting consumers. The Consumer Guarantees Act
covers the sale of goods (includes second-hand) and services
purchased for domestic, personal and/or household use. The Act
also applies to gifts so if you are given something faulty as a gift,
you have the exact same rights as if you bought it yourself. The
Fair Trading Act protects consumers from false or misleading
consumer information.
When am I able to get a remedy for a defective good?
Goods must be of acceptable quality i.e. do what they are made to
do, be acceptable in appearance and finish, free from minor defects
and be safe and durable. Goods must also be; fit for the particular
purpose that you asked about, match the description given in
advertisements, sales brochures or by the sales assistant and
match the sample or demonstration model. If any of these
requirements are not met to the standard a reasonable person
would expect then you have the right to a remedy. Also note, free
gifts that come with purchases are covered, as are household
goods that are hired, rented, leased or bought on hire purchase.
Although many businesses have exchange policies to promote
better customer relations, businesses do NOT have to refund or
replace goods or services if you simply change your mind after you
have purchased. So be sure of your purchases before you buy.
What kind of compensation can I get from the retailer?
The retailer can choose to repair, replace or refund your product.
This must be within a reasonable time. You may also claim for any
reasonably foreseeable additional loss that results from the faulty
good or service. For example if your new ski gloves that you were
given for winter are faulty and leak black ink from the inside of the
gloves you can claim for the costs to hire a replacement pair while
the first pair are being fixed as well as any damage the black ink
from the faulty gloves may have done to your ski jacket or pants.
When given a remedy be aware that sellers cannot just offer you a
credit note. If you desire a refund, you are entitled to it by law.
When you are given a replacement product the Consumer
Guarantees Act also applies to this replacement. If you have to
post or courier goods back to be repaired, you do not have to pay
for those costs, it’s the retailer’s responsibility!
What if the seller claims that they do not give refunds?
Just remember if a retailer puts up a sign saying “No refunds or
exchanges” it is useless! You still have full rights under the
consumers Guarantees Act. This also means guarantees and
warranties cannot state “No consequential losses covered”. This is
because any attempt to contract out of the Act may mislead
consumers about their rights. However when a product is ordinarily
purchased for domestic use but is also used for business purposes
(A common example are mobile phones) the Act allows the seller
to contract out of the Act so be sure to ask about this when
purchasing. Also if you are told by a retailer to contact the
manufacturer or importer of your faulty good, don’t do it. It is the
responsibility the retailer who sold you the goods to sort out the
problem.
An important thing to remember whilst shopping for gifts is to
retain all of your receipts. This is so that if some of the presents
you give away turn out to be faulty you have a proof of purchase
document allowing the recipient to return it. No proof of purchase,
no refund. Also be mindful of the type of gift you purchase. For
example if you buy clothing ensure you ask for an exchange
voucher in case it doesn’t fit and remember not to remove the
tags.
Above all happy shopping, and know your rights as a consumer.
