Consumer rights in post-Christmas sales

WHILE SOME consumers may lose the run of themselves in the winter sales over the coming days, they can take some comfort from the fact that they won’t lose any of their rights as shoppers.

Although over the coming days there will be signs such as “No money refunded”, “Only credit notes given” or “Sale goods not exchanged”, they are meaningless and possibly illegal.

It doesn’t matter whether someone pays full price or gets a discount of 90 per cent on a product, they have the right to expect it to be of an acceptable standard, fit for its intended purpose and as advertised. If it’s not, they are entitled to a repair, a replacement or a refund – despite what the signs might say.

While some retailers will insist otherwise, shoppers returning an item do not need a store receipt. Legally, all that is required is proof of purchase.

That can take many forms, including credit card receipts or bill, or a cheque stub.

If an item is returned because of a perceived fault, a shop assistant or even a store manager is not qualified to assess that fault and dismiss it if they see fit.

If a retailer tries to do that, a person can insist the shop returns it to the manufacturer, where people are qualified to examine products for flaws.

A shop cannot insist that a shopper deals directly with the manufacturer – a consumer’s contract is always with the seller of the goods, although they are perfectly within their rights to go directly to the manufacturer with a problem if they so choose.

However, there is one right that many people think they have which in fact they do not.

If the price of something on the shelf is less than the price eventually quoted at the till, a consumer does not have an automatic right to buy the product at the lower price.