When gifts go wrong

It's that time of year again, when it doesn't snow it pours. Christmas isn't all chestnuts, open fires and pretty snow scenes, the flip side for families is that nine times out of ten, things don't work out as planned. It's a familiar picture, the present that promises to do everything doesn't work and the children end up in tears. For the grown-ups, left to pick up the pieces, it means more headache in returning faulty presents and dealing with the fall-out over bad buys.

But it doesn't have to be all doom and despair, as our survival guide shows you how to get on the case with faulty presents. We've put together some essential pointers to steer you in the right direction to kicking up a fuss and claiming compensation when presents fail to live up to expectations.

What are your legal rights?

Remember, you still have legal rights without a receipt, but it will help you if you do. Your legal rights extend to beyond the standard 30 days after purchase and a trader is legally responsible to compensate you for a period of up to six years, as long as you can prove the goods were sold faulty. Knowing your rights is essential to claiming any compensation, refund or replacement product that is not in tip-top condition, according to Trading Standards. When a consumer buys goods from the seller, the financial transaction must abide by standards laid out in the Sale of Goods Act 1979.

Whose fault is it?

Do not accept being fobbed off by a trader who says it's the manufacturers fault - it's not! You bought the goods from the trader and therefore they are liable for any breach of contract.

When you just want your money back

• Getting a refund for late delivery - If a delivery date was agreed but not met, then you have grounds to claim a refund on the basis that the delivery time was essential to the purchase of the goods. If no delivery time was stated, then the seller is not legally obliged to refund you for a delay, unless it is unreasonable.
  
• No refunds - only credit note - You do not have to accept a credit note if the goods are faulty, even if the shop maintains that it's their policy. You are legally entitled to your money back for goods that have been sold to unsatisfactory trading standards. If they insist that you have a credit note, it's likely to be subject to restricted use. You can report a shop that advertises a no refund policy to Trading Standards, as it could be possible that they are acting illegally.
  
• Faulty sale items - The Sale of Goods Act 1979 applies to sale items as well. You are still entitled to a  refund from a sale product, as long as you weren't aware that it was reduced because of a fault on the manufacturer's side. If it was just another promotional sale, and the item was unsatisfactory, you have legal redress for a refund.

Returning faulty goods - how long have you got?

The six-month rule

• If you return goods before six months is up, you can still receive a refund, unless the trader is able to prove that the goods were sold in a satisfactory condition and the damage is down to mistreatment from you.
• If you wait until after six months to return the goods, then you have to prove that the goods were sold as faulty, which can be difficult.

Getting compensation from faulty goods

The quicker you return the goods the better, since keeping them is seen as 'accepting them', but the goods themselves and individual circumstances will also affect the outcome. If you are unable to return the goods quickly, you can still make a complaint as this will be taken as a refusal to accept them under normal terms. 

Whether you receive a refund, a replacement without query, or have to wait for the goods to be sent away to the manufacturers and tested, will depend on the seller's policy. Always make sure on purchase that you are aware of and understand the retail policy. If the goods work fine at first but become faulty after they've been used, you are legally entitled to at least a free repair or a replacement. For help with this, refer to our free downloadable sample letter.

When you can get a refund from credit

If you bought goods on credit, you may still be able to claim a refund when a trader has gone bust, he is being difficult, or has disappeared without trace. However, this does not apply to all types of credit arrangements and you would be advised to write to the credit company to explain your complaint. To give you help with this, please see our free downloadable sample letter.

When you can't get a refund from credit

On certain occasions it won't be possible for you to receive a refund when you have purchased goods on credit. These situations are when you have:

• made more than one purchase on credit;
• paid less than £100 for the purchase;
• paid over £30,000 for the purchase.

Making a complaint

Sometimes you may feel as if your complaint has fallen on deaf ears and isn't being taken seriously. There are a number of things you can do depending on the nature of the complaint:

• Insist on speaking to the supervisor or manager.
  
• Take your complaint to the customer services office if there is one and they will resolve the problem, if possible.
  
• Find out if the seller is a member of a relevant trade association for the product (e.g. the product may carry a trademark such as the British Standards Association kitemark, saying that it has been approved to their standards).
  
• Take your complaint to Trading Standards - details which can be found on their website. This is a trade organisation that offers free advice on consumer rights. Although they can't legally enforce a company to pay you compensation, they can intervene if there is a suspicion that a criminal offence is being committed.
  
• Check the terms of your guarantee as this can provide another route for complaint. If food or drink has caused you illness, for example, you will need to alert your local authority so the product can be removed by means of a 'product recall'.

Who do you sue for damages?

If the goods you have bought have caused you personal injury, illness or damage to your property, you will need to establish who is legally responsible - the manufacturer or the trader. Under the Consumer Protection Act 1987, the manufacturer, importer or seller could be liable and it's important to establish where responsibility lies when suing for damages. For claiming help and advice in claiming compensation from a breach of the Consumer Act 1987, see Small Claims Made Easy.

How long have I got to claim compensation?

You will need to prepare a claim for negligence within three years of the damage being done, unless the damage didn't become apparent until after this time.