Brush up on your shopping rights this Christmas

Friday, 18 November 2016

If you set up a layby, then the goods go on sale, you still have to pay the original price you agreed to.

'Tis the season to be shopping… But do you know what your rights are when you are putting your credit card through its paces at your local shops, or online?

Here are some tips to help you avoid a Christmas shopping disaster.

If you buy the wrong present by accident, the shop is not required to give you a refund.

Doubled up on a present?

If you realise when you get home from the shops that you have bought your partner something he already owns, you are at the mercy of the retailer should you seek a refund.

If you break something while shopping, don't accept pay up unless the accident was caused by your carelessness, Consumer NZ says.

There is no obligation on a retailer to offer a refund or exchange unless an item is faulty. If it's the wrong size, the wrong colour, or the wrong brand, it's on you.

* Sting reveals many retailers not complying with warranty rules**

Usually, shops and online businesses do accept returns as long as the item is unused - but that is only to protect their reputations and give shoppers more confidence in dealing with them.

If you know there is a chance that what you might want to return the item you are buying, check with the shop what their policy is before you hand over the money. An exchange card is another way to protect yourself.

Your purchase turns out to be faulty

Whether the store offered you a 'guarantee' at the time you bought the item or not, they have an obligation to fix anything that is faulty.

The Consumer Guarantees Act requires retailers to sell goods that are of acceptable quality and fit for purpose.

They also need to match any description offered in advertising or brochures.

If something goes wrong with a present this Christmas, you should first ask the shop you bought it from to fix the problem. They can choose to repair the item, replace it or refund your money.

If it is a major problem that cannot be fixed in a reasonable amount of time, you can choose to reject the item and ask for a replacement or refund, claim compensation for the drop in value, or have it repaired elsewhere and recover the costs from the shop.

Private sales, such as things you might buy from Trade Me, are not covered by the Act.

Online order doesn't turn up in time

If you're waiting by the letterbox every day as it gets ever-closer to Christmas, but nothing turns up, you do have rights.

Retailers have an obligation to ensure that things you order turn up within a reasonable amount of time,

If your online order is very late, and you were not told at the time of purchase that there would be such a delay, you can request a refund.

Changing your mind about a layby

Putting items on layby is still a popular way for some people to spread the cost of Christmas.

If you change your mind, you can cancel a layby agreement at any time. The shop can only charge you a cancellation fee if this was describe in the layby agreement. It must only relate to reasonable costs incurred by the shop, such as admin expenses, the cost of storing the goods and any loss in value.

Layby goods go on sale

Retailers cannot increase the price of goods once you've signed a layby agreement but, on the other hand, if those items go on sale while you are paying off the layby, you still have to pay the original price you agreed to.

If the discount is significant, you could consider cancelling the layby, paying any applicable fee and using your refund to buy the goods at the new price.

Buying vouchers

If you decide to buy vouchers for your friends and family, check the expiry date. Consumer NZ has been running a campaign to get shops to extend tight timeframes on vouchers but only some have responded.

Some customers were caught out last year when Dick Smith folded. Generally, if you have gift cards for a shop that goes into receivership, you will be an unsecured creditor and will only get a refund once other debts are dealt with.

But you might have more protection if you buy vouchers with a credit card - the Commerce Commission said people who could get in touch with their card companies quickly about a voucher problem might be able to get a 'chargeback' refund to their cards.

Your kids break something

If you hear a smash while you're doing your Christmas shopping, your heart will probably sink.

If an accident happened because you were careless - or you were not supervising your kids properly - the shop can seek compensation from you to cover the damage.

Consumer NZ said there had been cases where the shop's insurance company had covered damage but then tried to recover costs from the customer.

But the shop also has a responsibility to display things well - not stacked on top of each other or in an area where lots of customers will be trying to get past.

Even if the shop has a 'break it and pay for it' sign, they can only enforce this if you have been negligent. Consumer NZ says it all comes down to whether you took reasonable care.

It said if a shopper and retailer could not agree on whose fault an accident was, it could be taken to the Disputes Tribunal. 'Remember that this is a civil matter, not a criminal one, so don't be cowed by threats to call the police.'