Be sure of your rights before getting into the Christmas spirit

Christmas is a time of high spending on gifts, but it is important to bear in mind that you have rights if you buy goods which…

Christmas is a time of high spending on gifts, but it is important to bear in mind that you have rights if you buy goods which later prove to be unsatisfactory. Although many shops and stores have a refund policy and will automatically give you a refund regardless of whether the goods are faulty, there is no legal obligation on them to do so. Other stores will offer you a credit note but, again, they do not have to do so if goods are not faulty.

It is only when you purchase goods that prove to be sub-standard that you have a legal right to have those goods replaced or repaired or to obtain a refund of money. When you buy goods that are not faulty, you do not have any rights unless you specifically ask for a refund or replacement arrangement at the time you purchase the goods.

If you are purchasing goods you intend to give as gifts and you are not sure they'll be suitable, ask before buying what the store's policy is on returning goods.

Simply asking if you can bring them back to the shop does not give you any legal entitlement to a refund or replacement. You must be specific about what you want. If assistants are agreeable, it is advisable to ask them to confirm their guarantees in writing, on the back of your receipt - this will help to avoid confusion later.

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Remember to keep all receipts. A receipt is proof of purchase and it is most likely that you will need it should you have to return goods. A store is entitled to ask for proof of purchase. It is a good idea to keep the receipts for all of your Christmas shopping together in an envelope. Gift tokens or gift vouchers usually have a time limit within which they must be used. To avoid confusion, ask assistants to write the time limit on them. Make sure you inform the recipient.

When you buy toys, you want them to bring joy and pleasure to children. Safety measures came into law in 1990 to ensure the free movement of safe toys within our community. All toys must carry the CE mark.

This mark is a declaration by the manufacturer, retailer, distributor or importer that the toy complies with Irish and European standards of safety in design. It is not a guarantee that the toy is safe, but it is a declaration that the toy conforms to standards laid down by the European Commission.

The CE mark is an assurance that the toy is safe, bearing in mind the normal behaviour of children and that the toy is used as intended. The CE mark should be visible, easily legible and indelible. Do not buy toys that do not carry the CE mark.

Apart from the CE mark, you should find the name, trade mark and address of the manufacturer, its agent or importer. Instructions and advice for the safe use of the toy should also be included. You may also find minimum age warnings on the toy or on the container in which it is sold.

Christmas tree lights are another item which can cause problems. How many times have you started to trim your Christmas tree only to discover that your Christmas tree lights, the ones that twinkled magically last year, have inexplicably given up the ghost? If you are buying Christmas tree lights you should be aware of the safety regulations that apply.

Christmas tree lights should carry the CE mark and should also be marked "this set complies with EN 60598". These marks are an assurance that the lights comply with recognised Irish and European safety standards.

The box must also contain the manufacturer's name and address, a description of the electrical equipment, the voltage and wattage of the set, drawings and instructions on the procedure to replace bulbs as well as general safety instructions.

Your consumer rights do not change during sales. Goods purchased during a sale should be of durable quality, fit for their purpose and as described. If you purchase goods that are faulty you have a right to have those goods replaced or repaired or your money refunded.

However, you do not have the right to return goods if a fault has been brought to your attention at the time of purchase and you choose to buy it anyway. You would have rights if the product had other faults - other than those brought to your attention.

If goods are described or advertised as "seconds" you should be aware that the goods may not be of high quality and may contain flaws. You cannot expect the same level of quality and protection as if they had purchased goods that were not so marked. But you still have the right to expect that the goods will be reasonably durable taking into account the price paid and the fact that the goods were described as seconds.

The key points to remember are: ask questions before you buy, keep receipts and know your rights, if any, should problems arise later.

This article has been compiled by Anne Hynes, Information Officer at the European Consumer Centre, 13a Upper O'Connell Street, Dublin 1.