The Consumer’s rights when buying in the sales are the same as they are at any other time:
Goods must be fit for the purpose for which they are sold and be durable as can be expected having regard to the price paid for them and any other factor about them that may be relevant.
For example, If goods are marked ‘shop soiled’ or ‘seconds’, then the consumer, as well as expecting to pay less for them can also expect that they may not be as merchantable or durable as first class goods. However, such goods must give reasonable value for money in line with the description given of them.
Goods must be used for the purpose for which they are sold.
Be careful about buying for other people in the sales. Remember, the purchaser is the ‘person with the ‘statutory consumer rights’ so articles bought as gifts which may not fit the recipient or are otherwise unacceptable to them may not be so easily exchanged or the cost re-imbursed. This rule-of-thumb is good at all times but in the sales in particular there is a tendency for individuals when they see a ‘bargain’ to buy for other people (nieces, nephews, older children, etc), with the consequent risk that the article bought might be unsuitable.
Remember, the seller is not legally obliged to ‘exchange’ goods or to ‘refund’ money in circumstances otherwise than where the goods are unfit for their purpose. For example just because a jumper given as a present, does not fit the recipient does not make the jumper unfit for its purpose: it simply means, in all probability, that the purchaser, seeing a bargain thought that it would fit the person for whom they bought it. In this, all to frequent type of situation, neither the recipient nor the purchaser (consumer) has any legal right at all against the seller. However, the seller, in the interests of good customer relations may very well come to a satisfactory settlement with the person who brings the goods back.
It is wise to keep the receipt for all goods bought – particularly ‘sale’ goods. The receipt is, for obvious reasons, the most straightforward method of proof of purchase.
The shop is perfectly entitled to ask for proof of purchase.
Remember, goods do not become unfit for their purpose just because a person changes their mind or has second thoughts about them.
Because the consumer’s legal right is to a replacement or refund of price it is an ‘offence’ for shops to put up notices which say:
-No money refunded.
-Credit notes only given.
-Goods not exchanged.
A credit note may be accepted by the consumer in lieu of taking a replacement or a refund but where the consumer elects for this the shop is entitled to attach the condition that the credit note be used within a specified period of time.
Remember, the contract for the sale of goods is between the consumer and the seller or the supplier (retailer). Thus the consumer is not obliged to have recourse to an importer much less a manufacturer in order to enjoy their rights if the goods are unfit for their intended purpose.
The Small Claims Court is available to a person who deals as consumer only in order to seek a remedy from a retailer.
Misleading advertising and false or misleading descriptions.
Sale goods must not be falsely described. False or misleading trade descriptions are offences for which the Director can prosecute. On descriptions generally the issue is what is said about the goods misleading from the perspective of the ordinary consumer who has no specialist knowledge of the goods in question.
