‘Tis the season of consumer rights

The UK spends more at Christmas compared to many other major European countries, with a predicted total of £84.9 billion in 2023 across retail and online platforms.

With such a boost to buying, with promotional offers and seasonal marketing designed to encourage further purchases, the season often brings about confusion regarding consumer rights.

In this article, our consumer rights expert, [NAME], will take a look at consumer rights at Christmas and how shoppers can avoid the sting of misconceptions.

Understanding consumer rights

When it comes down to consumer law, the Consumer Rights Act 2015 (CRA) is the cornerstone legislation.

The Act outlines so-called ‘statutory rights’ that retailers must honour when selling goods to consumers.

It states that goods must be of satisfactory quality, fit for purpose, and as described.

If a product you purchase fails to meet these criteria, you are entitled to a refund, repair, or replacement.

Some of the most common methods of meeting this right are:

• Refunds and exchanges: A common misconception is that consumers have an automatic right to a refund or exchange if they change their mind. In reality, unless the item is faulty, this is at the retailer’s discretion. However, many stores extend their return policies over Christmas, allowing returns well into January for items purchased in November and December, provided you have a receipt or other proof of purchase.
• Online purchases: Online shoppers have additional protections under the Consumer Contracts Regulations 2015. You generally have 14 days from receiving your goods to notify the seller that you wish to return the item and another 14 days to return it. This includes a right to a full refund, including the standard delivery cost.
• Gift receipts: These can be useful as they allow the recipient of a gift to return or exchange it without needing to know how much you paid.

The role of Trading Standards

Trading Standards is a local government service that enforces consumer protection legislation.

They ensure that products are safe and that businesses do not mislead consumers with false advertising or unfair terms.

They are also responsible for age-restricted products, ensuring they are not sold to minors.

If you encounter a problem with a faulty product or an unresponsive retailer, Trading Standards can be a valuable resource. While they cannot resolve individual complaints, they can investigate and take action against businesses that breach consumer law.

Giving the gift of knowledge

The following are some of the most common misconceptions when it comes to seasonal shopping. You can avoid undue hassle by understanding these situations.

• Extended warranties: Many shoppers are persuaded to purchase extended warranties for Christmas gifts. However, in many cases, these warranties offer little beyond what is already covered under consumer law. Before buying, assess whether the additional cost truly adds value.
• Sale items: Another common myth is that sale items are not covered by the same rights as full-price goods. Regardless of whether an item is bought in a sale, it must still be of satisfactory quality, fit for purpose, and as described.
• Gift cards: When buying gift cards, be mindful of the expiry date. If a retailer goes into administration, the gift card may become invalid.
• Delivery issues: With increased online shopping, delivery issues often arise. Retailers are responsible for goods until they are in your possession. If your delivery is late, missing, or damaged, the retailer should resolve the issue, not the courier.

How you can protect yourself

• Keep receipts: Always keep your receipts as proof of purchase, especially for gifts.
• Check return policies: Before buying, check the retailer’s return policy and your statutory rights, particularly for online purchases.
• Uses payment methods: Paying by credit card or PayPal can offer additional protections if there is a problem with your purchase.
• Know your rights: Familiarise yourself with your basic consumer rights before you start your Christmas shopping.

How can we help?

Navigating consumer rights at one of the busiest shopping periods in the year can be frustrating.

We can provide guidance on your rights as a consumer and help to identify whether a retailer has breached these legal obligations or not.

We can also support you through formal litigation if the issue is complex or has caused you a high degree of distress or other problems.

For more information, please don’t hesitate to reach out to us.