Xmas ding dongs about gift gaffes

WE are weeks away from the big day but readers’ Christmas shopping horror stories are already starting to roll in.

Here is a selection of your woes and my advice to help you avoid too much seasonal stress.

Shaun from Lancaster ordered a “fresh” turkey online for Christmas. While he accepts no delivery date was specified he did not expecting it to arrive this week.

To make matters worse, the turkey was frozen. He immediately complained and was told the delivery date does not matter because the turkey is frozen.

Refund

If the trader’s website made it clear that the turkey was frozen, Shaun will have no claim.

But if the website did not mention this, or it was not clear, he will be able to demand a refund because, according to t he Consumer Rights Act, goods must be “as described”.

Devon, of Hartlepool, Co Durham, ordered a made-to-measure dress for his wife online and said it was a Christmas present.

This week he received an email telling him there were delays with the supplier delivering materials.

As a result, they gave him a new delivery date in January.

Devon immediately called them but they refused to refund him because the goods are “bespoke”. Ordinarily when you buy goods online you can cancel the order and obtain a refund, at any time up to 14 days following delivery.

But the Consumer Contract Regulations state that this rule does not apply in the case of bespoke goods. Luckily for Devon this does not matter in this case.

He agreed a specific delivery date so this formed part of the contract. As the retailer cannot meet the deadline they are in breach of contract.

This means that Devon is entitled to a refund.

Louise, from London, purchased earrings for her mum online several weeks ago and they have not arrived.

Having done some research she is now fairly certain that this was a fraudulent website and so she concludes she has been scammed.

Thousands of people are going to fall victim to these scammers online at this time of this year.

Louise has not told me but I am hoping she paid for the gift on her credit card.

This mean that she can make a Section 75 claim to her credit card provider, as long as the purchase price was more than £100.