Consumer rights needn't sale away

The Christmas shopping season is well and truly upon us. With just 24 hours to go until the big day, the mad dash to get those last minute Christmas presents is in full swing.

Come Boxing Day and the New Year, when retail outlets mercilessly slash prices in a bid to rid themselves of old lines and make way for new, shoppers will be out in even more force.

But in the delirium of rock bottom prices, shoppers tend to purchase anything and everything they see, mesmerised by the fantastic bargains to be had. It's only when they get home and back to reality that they discover that it does not matter how cheap a dress is, they simply will not fit into a size two.

So, as the shoppers return their sale goods, it is important to remember that when it comes to marked down merchandise, their rights as consumers are just as enshrined in the law as they are for non-sale merchandise.

We have all witnessed an irate customer foaming at the mouth, demanding a refund for a sale item, to the seemingly deaf ears of stubborn sale assistants and managers unwilling to budge.

But consumers need to be aware of their statutory rights - items purchased by consumers have to be of reasonable quality, fit for their purpose and as described in any associated piece of advertising.

So the bottom line is that if you buy something that turns out to be faulty, you have the right to return it for a refund. Not a credit note or an exchange, but a full refund.

Beware however, that there are some restrictions. Faulty goods have to be returned quickly and within a "reasonable period of time". The law is somewhat vague about what constitutes "reasonable", which does not help the ordinary customer.

But consumer experts say a good rule of thumb of a reasonable period of time is between three to four weeks. If you do not return an item within this period, you might not be entitled to a refund and a retailer would be well within his or her rights not to issue one.

Assuming some time has passed before a purchased item develops a fault, you can still claim a repair or replacement. Although in theory it is the customer who gets to choose what they want, in practice it is usually the retailer who gets to say whether the item is replaced or repaired.

It is also very important for consumers to note that some sale goods are often marked down because of a fault - a broken zip, a stain on the fabric, a tear, a missing button or faulty workmanship.

In cases where flaws like these are pointed out - usually written on the sale price label - a consumer does not have a right to complain about them.

Peter McCarthy, senior lawyer at Which? Legal Service, said: "Retailers cash in on our no-return attitude – but why should they? Many times you are well within your rights to return the present for something else or even get your money back. And if you can take back the Lavender bath set and novelty socks then why not?

"Which? Legal Service believes that its time to become the new smart shopping generation, 'ditch the dud' and stop wasting millions."