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Christmas shopping your rights

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  • Christmas shopping your rights

    :w_nikolaus_187:


    Nearly two-thirds of consumers have no plans to cut back this Christmas despite the tough economic conditions and threat of redundancy, a survey of shopping habits found. The survey, by internet shopping site BrandAlley, also found that 70% of shoppers are so used to discounted prices they fully expect to benefit from sales while making their major festive purchases.

    But while canny Christmas shoppers may already be taking advantage of early-season high street sales, spare a thought for friends and family who may not like that vibrantly patterned jumper or Marmite-themed toast rack that seemed like a good idea when bought in early-November. If any of your purchases may need to go back, it's wise to know your consumer rights.

    Shops are under no legal obligation to exchange or refund a gift unless it was faulty when bought, is not as described, or is not fit for purpose. If it doesn't fit you properly or someone just doesn't like it, you have no automatic right to return it. However, most retailers go beyond their legal duty.

    If a gift is faulty, you are within your rights to take it back and ask for a full refund, as long as you do so within a "reasonable time". The definition of this time frame varies according to what has been purchased, but it's worth noting that the person who bought your present has a contract with the seller, not the manufacturer, so the shop should deal with any faulty goods.

    In practice, most offer a 28-day returns policy, but for presents bought months previously there is less chance a shop will take it back. If it does, it will probably require proof of purchase such as a gift receipt or, in some circumstances, a credit card or bank statement showing when and where the item was bought.

    If you take an unwanted gift back to a store, it is legally allowed to issue you with a credit note, but if the product is faulty or not fit for purpose it must offer a refund. Luckily, many retailers extend their returns policy to help early Christmas shoppers. Here's what to expect from some high street names:

    ■ Debenhams: from Monday 7 November customers will be able to exchange items until 28 January with a gift receipt.

    ■ Marks & Spencer: From 1 October to 12 December it is extending its 35-day returns policy, so the last date for returning items purchased during this period will be 15 January. Items bought after 12 December will be subject to the usual 35-day term.

    ■ Laura Ashley: Orders placed via the website before 9 December can be returned until 14 January. Orders placed after this will be subject to its normal 28-day policy.

    ■ Amazon: Items purchased from amazon.co.uk and dispatched between 1 November and 31 December can be returned any time before midnight on 31 January. Its returns policy reverts to the standard 30-day period for items purchased after 31 December.

    ■ Toys R Us: Returns on purchases from Toysrus.co.uk made from 19 October until 22 December will be accepted for a refund until 13 January. They can be returned to Toys R Us Direct or any Toys R Us store in the UK. The returns policy does not apply to purchases made in-store.

    ■ TK Maxx: The usual refund policy is just 14 days, but it has extended this for items purchased as gifts between 17 October and 17 January. Unwanted Christmas gifts can be exchanged for other goods or a TK Maxx gift card.

    If you are buying online, you have additional protection alongside anything the retailer offers. Under the Consumer Protection (Distance Selling) regulations 2000, you have seven working days from the date the item was delivered to cancel the order and return the item, even if it is just because you don't like it. The retailer should refund you within 30 days of you cancelling the order.

    This doesn't apply to all goods – CDs, DVDs and software (where the seal is broken), perishable items and personalised goods are not included. If you buy from the website of a company based in another EU state you should have the same statutory rights as if you had bought from a UK seller, although if you return the goods you may have to pay for return delivery to an overseas country.

    It is estimated that a third of the the £30 billion lost to fraud every year in the UK will be lost online, mostly over the Christmas period, according to e-commerce trustmark provider PurchaseSeal. Consumers can learn more about how to protect themselves when buying online at the Get Safe Online website, which is hosting an annual week-long event from Monday 8 November to raise awareness of internet safety issues.

    Christmas shopping: your rights of return | Money | The Observer
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