Bargaining by rights

The spending splurge and the fight for bargains that lie ahead could well be the last hurrah for many of the country's conspicuous consumers who may start tightening their Prada belts - bought at knock-down prices - come the new year.

While shoppers are busy losing the run of themselves and their credit cards in the coming days, they can rest assured that they won't lose any of their consumer rights, irrespective of how little they've paid for that MP3 player, the Hermes handbag in last year's colours or those Manolo Blahnik shoes that are only half a size too small.

Competing with the "70 per cent off" and "Everything must go" sale signs in many shops this year will be less-prominent signs warning you against even thinking about coming back to complain about a dodgy purchase made at the height of a sale-induced psychosis.

Feel free to ignore all signs which read "No money refunded", "Only credit notes given" or "Sale goods not exchanged" - they are meaningless.

While it is understandable that retailers who are trying to get rid of old stock would rather you didn't return any defective items, threatening signs such as these are actually against the law. When you buy something - and it really doesn't matter if you pay full price or get it at 90 per cent off - you have the absolute right to expect it to be of an acceptable standard, fit for its intended purpose and as advertised. If your hard-won sale item does not comply with any of these three rules, you're entitled to get the product repaired, replaced or to get a refund.

It is, however, worth bearing in mind that no shop is under any obligation to offer you any comfort either in credit note or cash form if you return an item just because you don't like it. So if you're not absolutely sure the purple faux-fur coat with gold lamé eagles stitched into the lapels is really you, then don't buy it, no matter how cheap it is.

ANOTHER YARN SPUN by many retailers - year-round but most frequently once the sale madness subsides - is that they cannot possibly accept your returns because you don't have a store receipt. Once again this line is against the law.

While all shops are perfectly within their rights to ask you for proof of purchase, they cannot limit that proof to a store receipt. If you can show any reasonable proof of purchase - a credit card receipt or bill, a cheque stub, crystal-clear CCTV footage of you buying that faux-fur coat - you're entitled to your due.

We frequently get complaints from readers that shops have sent them away with a flea in their ear when they have tried to return items which they believe to be faulty. In recent months this problem has particularly been reported with shoes. Bear in mind that a shop assistant or store manager is not qualified to make an assessment of your complaint so cannot dismiss it out of hand. If you believe there is a problem with your new shoes, for instance, you can insist the shop return it to the manufacturer, where people are qualified to examine products for flaws.

Equally, while a shop cannot insist you deal directly with the manufacturer of a faulty item as your contract is always with the seller of the goods, you are perfectly within your rights to go directly to the manufacturer with your problem.

Another element of consumer law that offers consumers a greater degree of protection than they might believe to be the case is the six-year statute of limitations with regard to the Sale of Goods and Supply of Services Act. If your couch suddenly falls apart without any prompting five years, 11 months and three weeks after you bought it, you may still have a case for compensation - although don't expect to be given a full refund.

And then there are the rights that you think you might have but actually don't. If a product is priced in both sterling and in euro you do not have the option to pay for it in the (generally speaking lower) sterling price.

Another misconception that many people have is that if the price of something on the shelf is less than the price at the till you have an automatic right to buy the product at the lower price. Sadly, this is not the case, although some stores do offer a no-quibble policy and commit to selling the product at the lower price should a mistake occur. The price on the shelf is merely an "invitation to treat" and is not legally binding. No contract is in place until money changes hands - so once the price is corrected before you hand over your cash, the store is perfectly within its rights to charge the higher price.

It may, however, be a misleading price indication; if so, details of such should be sent to National Consumer Agency. See its website, www.consumerconnect.ie , for more details on how to get in touch.

IF YOU DECIDE to steer clear of the high street and go in search of sale bargains on the web, you have a "cooling-off period" of seven working days from the date of receipt to cancel the order. This can be extended, if the web trader does not inform you of the fact, to a maximum of three months. You will have to pay the cost of returning the product, and the cooling-off period does not apply to goods made to order, music, videos or computer software, newspapers or travel arrangements for specific dates.

The key point when bargain-hunting either online or on the high street is, of course, to check products thoroughly and only buy stuff that fits you and that you actually need or really want. That way you avoid untold grief when it comes to returns. If you do feel your rights have been ignored and you find yourself in serious dispute with a shop over its returns policy, you can always go to the Small Claims Court, a fast, cheap and simple way to settle disputes for sums not exceeding €1,269.74. Solicitors are not required and claims can be made for faulty goods or bad workmanship.