2008
NATIONAL CONSUMER WEEK CHRISTMAS QUIZ
As part of National Consumer Week, Consumer Direct and the Trading Standards Institute have put together the following consumer rights quiz with the help of Savvy, the Christmas Elf.
Answer the questions below – each worth one point – and find out how savvy you really are!
1. You buy a digital music player online as a present but when it arrives you don't like the colour. What are your rights?
a. You have no rights
b. You can return the item within seven working days and get a full refund
c. You will have to rely on the online retailer's goodwill
2. You receive a sweater from a high street store as a Christmas gift but it's three sizes too big. You have the receipt so what are your rights?
a. You can take it back and insist on a refund
b. You can take it back and insist you get an exchange
c. You can take it back and insist on a credit note
d. You have no rights and you may have to rely on the retailer's goodwill
3. You buy a pair of shoes in the pre-Christmas sales, but the one of the heels starts to come away the first time you wear them. What are your rights?
a. You have no rights as you bought the shoes in the sale
b. You have the same rights for sale items as you do for full price
c. You will have to rely on the retailer's goodwill.
4. You decide to buy a new telly in time for the family visit. It works fine for a couple of months then mysteriously stops working. You take it back with the receipt and the shop accepts the fault but only offers you a repair. Where do you stand?
a. You can reject the goods and demand a full refund
b. A repair would be a reasonable offer
c. You should contact the manufacturer
5. You are interested in improving the insulation of your home before winter sets in, and you arrange for a double glazing salesman to visit you at home. After the sales pitch, you sign an agreement for a new windows costing £15,000 but as soon as the salesman leaves you have second thoughts. What are your rights?
a. You have signed an agreement and therefore you are bound by it.
b. You should have seven days to cancel
c. You should have fourteen days to cancel
6. You see a DVD box set that's perfect for your brother priced at just £10. When you get to the till the sales assistant says it's wrongly priced and should be £30. He refuses to sell it at the cheaper price. What are your rights?
a. You can insist on purchasing it at £10
b. You don’t have any right to purchase at the lower price but could tell Trading Standards who can investigate pricing errors.
c. You are entitled to the goods free of charge because of the mistake
7. You order a pair of shoes for a Christmas party from a catalogue on 1 December but they don't arrive in time for the party on 20 December. When should they be delivered?
a. There is no time limit
b. Goods bought by mail order must be delivered within 14 days or you can claim a full refund.
c. Goods bought by mail order should be delivered within 30 days or you can claim a full refund.
8. You bought a games console two months ago and now it doesn’t work. You return it to the retailer who says you must have misused it and that you need a report to prove that it's faulty before he has to do anything. Is this correct?
a. Yes, the onus is on the customer to prove that the goods are faulty if this is disputed.
b. No, for the first six months there is a presumption that the goods are faulty unless the retailer can prove otherwise.
9. You pay a deposit on a leather sofa costing £500 but the company goes bust leaving you without your sofa or your deposit. You have paid using a credit card and you find out you can claim against your credit card company but under what conditions?
a. The cash price for a single item purchased is between £100 and £30,000
b. The cash price for a single item purchased is between £1,000 and £300,000
c. The transaction takes place in the UK only
10. You feel really let down by a company that has fobbed you off with faulty goods or poor service and ruined your Christmas. You want to complain but don't know who to turn to for advice. Should you…
a. convince yourself that complaining never works anyway
b. expect a knight in shining armour to solve all your consumer problems
c. call Consumer Direct for clear, practical and impartial advice on 08454 04 05 06.
ANSWERS
Question 1: b
For most items bought online, you have seven working days after delivery to change your mind and ask for a full refund including the original delivery charge. However, you may be expected to pay for the cost of return carriage so check the terms and conditions. Any refund must be paid back to you within 30 days.
SAVVY'S TOP TIP: If you're buying things online as a present, it's always a good idea to check them as soon as they arrive to see if you're happy.
Question 2: d
Only the gift purchaser, rather than the gift recipient has rights against the shop and even then, you have no rights unless the sweater is not of satisfactory quality, not fit for purpose or not as described. That being said, shops may agree to exchange a gift if you have a receipt so it's worth asking the question.
SAVVY'S TOP TIP: If you're a gift buyer, ask the shop about their returns policy and enquire about gift receipts.
Question 3: b
You have exactly the same rights for sale items as for full price goods. If the goods are not of satisfactory quality and you complain in good time, you should have the right to a full or partial refund, repair or replacement.
SAVVY'S TOP TIP: If you have a problem with faulty goods, contact the shop as soon as you can as the refunds, repairs and replacements available will depend on how quickly you complain.
Question 4: b
It's important to remember that your contract is with the retailer that you bought the product from, and not with the manufacturer so this is where you need to go with your complaint.
If you have used a product for a reasonable period of time, you will no longer have the automatic right to claim a full refund. However, remedy provisions introduced in 2003 give you the option of a repair, replacement, reduction, and partial/full refund. These are not straightforward alternatives, some being available only if others are not.
Given you have used the telly for a few months, the offer of a repair would be reasonable.
SAVVY'S TOP TIP: Some shops may try to palm off responsibility onto the manufacturer but your contract is with the retailer that you buy the item from.
Question 5: b
Normally if you sign an agreement you are bound by the terms and conditions. However, under new laws introduced in October this year, if you spend more than £35 with a trader in your home, in most cases you have seven days to change your mind and cancel.
SAVVY'S TOP TIP: A trader selling goods or services in your home should provide you with written notice of your cancellation rights. If they don't, think twice about dealing with them.
Question 6: b
It's a common myth that goods with a wrong price tag must be sold at that price. In legal terms, prices displayed in a shop are not considered as legally binding offers but as 'invitations to treat'. However, you may want to report the matter to Trading Standards.
SAVVY'S TOP TIP: Shop around for the best prices but remember a deal isn't a deal till you've paid at the till!
Question 7: c
Goods bought on the internet, over the phone, by mail order or through a TV shopping channel must be delivered within 30 days (unless otherwise stated) or you can get your money back. However, all these shopping methods (albeit with a few exceptions) also give you seven working days after delivery to change your mind and ask for a refund, including the original delivery costs, so you should be able to get your money back if things don't arrive on time. Be aware though that retailers can make a reasonable charge to cover return shipping costs.
SAVVY'S TOP TIP: Try to do your online and mail order shopping early enough to make sure your goods arrive in time. Many online retailers will agree to deliver within a fixed period but check the terms and conditions.
Question 8: b
Under remedy provisions introduced in 2003, if a fault occurs in the first six months after purchase, the burden of proof is with the retailer. After six months, this burden of proof is reversed.
SAVVY'S TOP TIP: If a product becomes faulty during the first six months, it's up to the retailer to prove it wasn't faulty when it was sold.
Question 9: a
If you've paid using a credit card and the cost of an item is more than £100 and less than £30,000, your credit card company becomes equally liable for any breach of contract. This also applies to purchases made overseas.
SAVVY'S TOP TIP: It's worth considering using a credit card for purchases over £100 as this can provide extra protection if things go wrong.
Question 10: c
SAVVY'S TOP TIP: Consumer Direct can help to explain your consumer rights, advise you how to progress a claim and even help you with writing a complaint letter.
RESULTS
0-4 points: Elf critical
5-7 points: Elf satisfied
8-10 points: Elf confident!
