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Working Lunch Friday, 29 November, 2002, 13:26 GMT
Many happy returns
Is it really what you want...?
Our Christmas questionnaire asked why you've had to return Christmas presents in the past, if at all. It seems 45% of you are lucky and have never had to return something bought by or for you.

But 18% have had a technical fault with a gift, 31% have wanted to exchange a present for an alternative and 6% of you have simply tried to get a cash refund for your unwanted gifts.

Lancashire Trading Standards have just launched their Christmas campaign to ensure the public are informed about their rights when they shop for presents and know how to avoid dodgy or even dangerous gifts.

Survey result
We asked why you'd had to return presents
Jim Potts, a trading standards officer, explains that there is much confusion about your right to return goods.

"Every year, Trading Standards get thousands of complaints from people who are shocked to find that just because they've bought the wrong sort of gift, the shop won't have it back," he says.

"If you're buying a gift for someone and they try and return it, they may have no right to a refund or exchange at all. Many shops will help, but many more won't," he warns.

"You need to make sure you establish what the shop's refund and return policy is before you buy the present."

Packaging

It's also wise to take it back to the shop as soon as possible and to keep the original packaging.

It's essential to hold on to any proof of purchase like a receipt.

Trading standards officer Jim Potts
Jim Potts: Check returns policy when you buy
If there is a technical problem with your present then you are in a stronger legal position.

The Sale of Goods Act 1979 says that goods sold to you should be of a satisfactory quality, fit for the purpose for which they were bought and received as described.

That means that they should be of a quality that a "reasonable person" would deem to be acceptable.

They should also do what they were sold to you as being able to do and they should match any descriptions of them used in adverts, on packaging or in a shop.

If you do have a problem with your item, technically it is the seller's responsibility to collect it.

Another protection that the law provides applies if you have paid for the goods by credit card.

Compensation

Where the value of an item is £100 or more, the Consumer Credit Act 1974 says that the credit card company and the supplier have the same obligations and responsibilities to you for the goods being satisfactory.

You can complain to both the supplier and the credit card company for compensation.

Christmas is also a busy time of the year for Trading Standards because it's when sellers of counterfeit goods are most prevalent.

Toy
Even soft toys can be dangerous to toddlers
But it's also important that people are aware that legitimate goods may be potentially dangerous presents.

Children's gifts require particular thought. Toys are often labelled with the age group for which they are appropriate and decorative items may be labelled as unsuitable for all children.

These warnings should be adhered to.

Inappropriate gifts may have small parts or removable items which could cause injury to younger children.

Care is also needed over popular gifts like scented candles.

Safety labels

"The danger is that when they are left alight and unsupervised, they pose a fire risk as the packaging and base can sometimes ignite," warns Jim Potts.

Many goods are marked with safety labels like the CE mark which indicate certain standards of quality.

Pirated goods are a problem. Fake perfumes, videos and branded merchandise are all sold at this time of year. They're often of low quality and can therefore sometimes be dangerous.

"Shop at reputable stores," Jim advises. "Watch out for the guy selling gifts in the car park or in the shopping mall."

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