Seasonal Shopping List - Be Warned, All That Glitters Is Not Gold.

Don’t get caught cold this Christmas!

Christmas is upon us! No doubt you will all be busy shopping in preparation. Seeking out that special gift for your friends or loved ones. But what happens if your purchase doesn’t live up to your expectations!

A shoppers guide for Christmas – Some useful tips

· Make sure you have a proper claim before you start complaining. Unwanted gifts, changing your mind, clothes that don’t fit and claims for accidental damage, misuse or normal wear and tear can only be resolved with the goodwill of the seller.

· Once you have established you have a valid complaint stop using the goods.

· You will need some form of proof of purchase, so keep hold of your receipts, cheque stubs, etc.

· Contact the trader straight away and report the problem. Your contract is with them. Keep calm but be firm. Speak to the Manager or Owner and make it clear whether you want a refund, repair or compensation.

Remember you may be entitled to a refund, or repair plus compensation. You may still be entitled to a refund if the repair turns out to be unsatisfactory.

· It may be that the shop wants to send the goods to the manufacturer, to examine the goods. It may be simpler to let them do this, but this should be done within a reasonable time say, 7-14 days. Request the seller puts this in writing, dates and signs the confirmation.

· If you cannot resolve the problem, make sure you put your complaint in writing to the owner of the business and keep a copy. If you are not sure what to put in your letter Wirral Trading Standards have a Consumer Support Pack with some useful sample letters.

I received it as a gift!

If you receive a gift that is defective, you won’t have a claim with the trader as the contract will be between the purchaser and the seller. You may try to resolve the problem with the trader but you may need the co-operation of the person that bought the gift! However, if you sustain an injury because of the defect you will be entitled to claim compensation from the seller. This right was established by the House of Lords decision of Donoghue –v- Stevenson. The Court held the manufacturers owed a duty of care to anyone lawfully using their product. In that case the manufacturers were responsible for causing gastro-enteritis to a lady who consumed a bottle of ginger beer which had been contaminated by the presence of a dead snail.

They say it’s too late to give a refund!

Legal acceptance of goods takes place within a short period of time after purchase. This means that even if the goods have not been used, it can be too late to request a refund should you discover a fault. Wherever possible, check that the goods are working and free from defects as soon after purchase as possible.

Goods that are gift-wrapped or are clearly meant as presents and cannot be checked, can still be rejected within a short period of time after they have been opened.

Paying by Credit!

If you make a purchase or even pay a deposit on your credit card or other credit agreement and the transaction is for £100 or more you will have additional protection, as the lender is also liable for any breach of contract. It may be worth considering especially if you are ordering goods or paying for services in advance of delivery.

For Hire Purchase contracts your claim is with the company providing the finance and not the retailer.

During the build up to Christmas the Trading Standards Officers have been visiting traders to make sure that goods and services are safe and correctly described. Toys and Christmas decorations checked to ensure that they are safe and that toys have proper labelling about the suitability of the toy for young children e.g. access to small parts. (If buying a video make sure that its age rating is appropriate for the child it is intended for.)

The Trading Standards Officers have also been to hotels and restaurants hosting Christmas functions to verify that correctly described spirits and wines are being sold and that an adequate price list is displayed. Officers will also be on the lookout for sellers of counterfeit goods such as designer clothing, perfume, games and videos.

If you are unsure of you legal rights or you cannot resolve your problem, contact the Consumer Advice Action Desk on 0151 666 5228, email on consumeradvice@wirral.gov.uk. Traders can also contact this number if they wish to receive advisory information. Alternatively visit The Trading Standards website on www.tradingstandards.gov.uk/wirral

Christmas Accidents

Be on your guard at Christmas. Accidents seem to happen far more frequently whether it is a road traffic accident, a fall on the highway or when shopping or an accident at work. At this time of the year we relax more and are more vulnerable to things going wrong. The weather changes, people rush around and no one seems to have a minute to give way. Sadly all these ingredients can contribute to an accident. Let’s hope your Christmas is an accident free one.