Christmas 2011 Christmas shopping rights

Goods must be as described, of satisfactory quality and fit for purpose

Shopping preparation

Many shops extend the time in which you can return goods during the winter months - great news for those who like to get their Christmas shopping underway early.

When you buy goods, you enter into a contract with the seller of those goods - the retailer, not the manufacturer. Under the Sale of Goods Act 1979, goods must be as described, of satisfactory quality and fit for purpose.

However, be aware that while a retailer may have a legal obligation to repair or replace faulty goods, its general returns policy is at the shop's discretion. This means that if you're buying gifts it's worth checking the shop's policy to see if they'll exchange or refund unwanted gifts.

Christmas gift receipts

Make sure you ask for a gift receipt that will allow the recipient to take it back if they need to.

If you can't get a gift receipt, write ''gift for [name]" on the normal receipt, and get the retailer to accept this by signing it. The recipient should then be able to take it back if they need to.

You have extra protection shopping online

Shopping from the comfort of your home

Like to avoid the bustle of the British high-street ? There are special laws and regulations that give you extra protection when you shop online, with a catalogue, by phone or fax.

Under the Consumer Protection (Distance Selling Regulations) 2000, you can cancel your order for goods ordered online anytime from the moment you place your order up to seven working days from the day after you receive it.

There are some items you can't return if you simply change your mind. These include:

• CDs, DVDs or software if you've broken the seal on the wrapping
• perishable items such as food and flowers, and
• tailor-made or personalised goods.

Under the Electronic Commerce Regulations 2002, online shops must set out the stages you have to complete to place an order. You must also be given the chance to check your details before placing the order.

If the online shop confirms acceptance of your order, you have a legally binding contract, but you don't if it just acknowledges your order.

You may be able to claim against your credit card company if something you buy is faulty

Returning faulty goods

If you discover a fault with the goods you purchased and you want to give it back and get your money back, under the Sale of Goods Act you have the right to 'reject' an item that is not of 'satisfactory quality'. You must act quickly: you have only a limited time – usually only a few weeks – to reject something.

If you discover a fault later on, you might still be able to get your money back. In the first six months from when you get an item, the onus is on the seller to prove the item was of satisfactory quality when you received it. If the seller simply says the problem must be due to something you've done, it's for them to prove that.

If you paid by credit card, you may be able to claim against the card company if the retailer won't help.

Returning goods

Changed your mind on something you purchased? If you bought it online, and you're still within the cooling off period - seven days from the day after you received it - you should be able to return it for a full refund.

If you bought it in a shop, it might be trickier. Shops don't have to have a returns policy, but if they do have one, they must stick to it. So check their policy and see what it says. You might be entitled to a replacement or a credit note.

Consumer rights advice at your fingertips – the Which? iPhone app

Christmas sales

Christmas sales seem to be starting earlier and earlier each year - they can be great opportunities to bag a bargain. However, there are laws that say what shops can and cannot do when advertising sales.

Before reducing prices in a sale, the products must have been sold at a higher price for 28 consecutive days in that branch of the store, immediately before the sale, unless they put up a sign explaining the offer.

It shouldn't be on offer at the sale price for longer than it's at the higher price unless the shop displays a sign explaining how the sale differs from these rules or if something is going out of date.

The original price must be clearly displayed along with the sale price. A sign cannot just say 'sale £20' – it must say something like 'was £40, sale price £20'.

More on this...

• Get the consumer advice you need at your finger tips - download the Which? Consumer Rights iPhone app
• Travelling this Christmas? Make sure you know your travel rights
• Need help resolving a legal issue – find out about Which? Legal Service