Gift vouchers
Gift vouchers are a great way of buying just what you want. But don't let them linger too long in your wallet, or under a magnet on the fridge - you could lose out. Here's what you should be aware of.
Gift vouchers are not the same as cash, they represent goods to the face value of the voucher. So traders don't have to give change if you choose goods less than the voucher's value, unless the voucher says that change will be given.
You may get into difficulties if you lose your gift voucher. The only exception would be if it is made out to you personally, and is marked "not transferable". This means the trader is likely to have a record of the voucher and may be prepared to cancel the original and issue another.
Gift vouchers may have an expiry date. If they do, the trader has no obligation to accept it beyond this date - or to refund the value of the voucher.
The owner of the business may change and this could mean unused vouchers are worthless. The new owners would only be bound to honour them only if they had purchased the previous owner's liabilities, this doesn't happen very often.
If the trader goes bust, any unused vouchers are probably useless. Get yourself listed as an unsecured creditor with the receiver. There's a chance you may get something back.
Last but not least - if you have a problem with your voucher, discuss it with the trader. Some traders are more flexible than others and may be willing to renegotiate the terms. We have heard of expiry dates being extended and change being given, so it's worth speaking to them.
Credit Notes, Guarantees and Repairs
Here are some questions we get from consumers who contact our advice centre. Do they sound familiar?
Can I demand a credit note?
There is no legal right for a customer to insist on a credit note and the customer does not have to accept a credit note if one is offered. If the customer accepts a credit note, they cannot later insist on having their money back.
A credit note does not have to be in any particular format, and might be given in the form of a voucher. It may also have conditions attached to it, read these carefully, one example is that the voucher must be used within a given time. If a customer is going to accept a credit note, check that the conditions, if any, are acceptable and that there are goods that you want to buy.
It might be useful to accept a credit note if there is no legal right to money back or compensation.
Can I demand a guarantee?
No, a guarantee is always given voluntarily. However, if there is a guarantee, the customer may have additional rights. For example, they may be able to get a repair or replacement whereas they would not be entitled under their normal legal rights.
When might a customer choose to claim under a guarantee?
The customer might want to claim under a guarantee where:-
• the seller is refusing or is likely to refuse to give the customer a refund
• Read a guarantee carefully to check whether the shop or manufacturer should sort out any problems
• It is inconvenient to return goods to a shop and easier to return them by post to a manufacturer or distributor
• It may be easier for the customer to get a repair or replacement under the guarantee
• The seller has gone out of business
• Sometimes if the goods were bought abroad, a UK manufacturer will accept liability
• the guarantee offers a better deal than the customer's rights under the agreement
Must I accept repairs?
The customer may want a repair rather than a refund. However, if the goods or services are faulty, the customer can insist on a refund rather than a repair if the goods have been returned quickly.
If the customer and seller do agree on a repair, the customer can still reject the goods if the repair is not satisfactory. The customer will usually only be able to do this if the goods are fairly new.
Who pays for the repair If goods or services are faulty due to a manufacturing or design fault then a repair must be carried out free of charge by the seller. In some instances, the seller maybe able to claim part of the cost of the repair, depending on how old the goods are.
When the customer might accept a repair?
A customer might accept a repair where:-
• the customer has no right to their money back or compensation. This might be due to the customer damaging the goods themselves
• the seller does not accept that the customer has a right to money back and the customer is willing to accept a repair.
• the seller refuses to give money back and the customer does not want to take the matter further and is happy to accept a repair
• goods or services are faulty, and the fault is easily put right
• the customer has had goods for a time and they have become faulty. Although the customer has a right to compensation, this is usually in the form of a free repair
• if they are claiming under a guarantee that offers a repair and the customer prefers to claim under the guarantee, rather than their legal rights against the shop
Buying in the Sales
One day sales can be a opportunity to good to miss to the more serious bargain hunters amongst us.
This week we have some tips on how to avoid "being had" at one of these sales.
One day sales in simple terms are opportunities for retailers to sell goods at short notice for supposed knock down prices. Many people get to hear about them through leaflet drops or advertisements in their local newspaper.
Consumers who attend one day sales have not had time to shop around to check how good the "bargains" really are. Panic buying might lead to you leaving the sale with goods you never actually intended to buy.
It is important to remember the following tips if you are thinking of going to a one day sale.
When you buy goods you are entering a legally binding contract. You cannot return them just because you think you've paid too much.
Under The Sale of Goods Act you can only return goods if:
- they are not as described;
- they are not fit for the purpose;
- they are not of a satisfactory quality;
• If you need to reject goods you have bought you will need to pursue your claim through the Civil Court.
• It is always a good idea to compare prices before you decide to go to a sale, particularly if there is an item you want to buy. Then you will know if you've really had a bargain.
• The seller won't be there tomorrow if things go wrong. To help eliminate problems, make sure you have their full name and address. This information should be prominently displayed at the sale.
• If it is not an auction, the law states that there should be prices either displayed on or near the goods. Be suspicious if the company are not prepared to show you prices before buying.
• There is no legal obligation on the seller to give a receipt but always ask for some proof of purchase. This will come in handy if you wish to return them later.
• If you want to buy top brand names at knock down prices make sure they are really being sold. They might be a crowd puller but not for sale.
• You do not have to accept a credit not or exchange if you have been sold faulty goods. If you complain straight away, you should expect a full refund of money.
Think about using your credit card, especially at one day sales. This will give you extra protection. If you spend over £100 on an item that turns out to be faulty, you may have a claim against the credit card company. Don't let the seller split the transaction into units of less than £100 as this will reduce your protection.
Courtesy of: www.neath-porttalbot.gov.uk/shoppersrights/sr20020722creditnotes.cfm
