Mammon Margaret Dibben
’JUST WHAT I wanted!’, with your fingers crossed behind your back. This can be awkward. In recent months shoppers have won significant new rights – new ombudsmen and stronger far-reaching protection – but still you are not automatically entitled to return goods just because you do not like them, nor can you complain about faulty goods when someone else has bought them for you.
The Consumer Rights Act 2015 came into effect on 1st October and has been described as the biggest reform to shoppers’ rights in a generation. It affects anything you buy: goods, services and digital downloads, new or secondhand. It covers every aspect of shopping whether online, in the high street or from a catalogue until your purchases are safely in your hands. You are protected everywhere you spend money including garden centres, petrol stations, car showrooms, airlines and hairdressers.
Now, if you buy something that turns out to be faulty within thirty days, you are legally entitled to an immediate full refund. No longer can retailers or manufacturers insist on repairing or replacing items. Between thirty days and six months, they can try to repair or replace an item, but only once. Then you can ask for a refund.
For the first time you can claim a refund if digital content (apps, ebooks, music downloads, games and films) do not work and to compensation if the download damages your computer or phone equipment. No longer can companies sneak hidden charges into the small print, wrongly describe goods or impose unfair terms.
If it comes to a dispute, you can approach one of two new ombudsmen outfits – the Consumer Ombudsman and the Retail Ombudsman. Unfortunately companies are not forced to join a redress scheme, and few so far have, but contact the ombudsmen for help anyway.
The legislation gives this allembracing protection to the people who buy goods or services, not to the people who receive them as gifts. So, if a Christmas present turns out to be faulty, you’ll need to ask the buyer to return it to the shop. As under the new law this needs to be done within thirty days for a guaranteed refund, ideally buyers should check presents before wrapping them, or leave shopping until the last minute.
Some retailers agree to deal with recipients if buyers have told them who the purchase was for and perhaps noted the name on the receipt. Shops are more likely to accept this around Christmas, and for wedding present lists.
When you simply do not like the present or it does not fit, you are entirely dependent on the retailer having a returns policy. Some will swap or refund you as a goodwill gesture if you have the receipt. Again they are more likely to have a relaxed policy at this time of year.
Should you decide to avoid these problems by handing over gift vouchers, remember that they are valid for only a limited time, perhaps just twelve months from the date of purchase.
For more information: www.consumer-ombudsman.org; www.theretailombudsman.org.uk; www.citizensadvice.org.uk or phone the helpline 03454 040506; www.which.co.uk
The Consumer Rights Act 2015 is described as the biggest reform to shoppers’ rights in a generation