Sales patter: know your rights

While you're busy losing the run of yourself and your credit card in next week's sales it might be comforting to know that at…

While you're busy losing the run of yourself and your credit card in next week's sales it might be comforting to know that at least you won't lose your rights as a consumer, regardless of how little you've paid for that three-piece suite, flat-screen TV or Manolo Blahnik shoes.

Nor does it make a blind bit of difference how many signs retailers put up warning you against even thinking about coming back to complain about a dodgy purchase made at the height of a sale-induced psychosis.

When you buy something - whether at full price or at 90 per cent off - you have the right to expect it to be of an acceptable standard, fit for its intended purpose and as advertised.

If your hard-won sale item does not comply with those standards, you're entitled to get it repaired or replaced or to get a refund. As stores must comply with this, it is actually an offence for them to put up notices along the lines of "No money refunded", "Credit notes only given" or "Goods not exchanged".

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Bearing that in mind, however, a shop is under no obligation to offer you any comfort if you return an item just because you don't like it. So if you're not absolutely sure the leopard-skin suit with gold lame lapels is really you, then don't buy it, no matter how cheap it is.

While a shop is entitled to ask for proof of purchase, you don't necessarily have to have a receipt. If you can show any reasonable proof of purchase - a credit card receipt or bill, a cheque stub, photographic evidence of you buying the item in the store (admittedly unlikely), or anything else that proves where it was purchased - you're entitled to your due.

A shop cannot insist you deal with the manufacturer of a faulty item. Your contract is always with the seller of the goods. If, however, you want to go directly to the manufacturer, there's nothing stopping you.

It is also worth bearing in mind that the statute of limitations with regard to the Sale of Goods and Supply of Services Act is six years, so if your couch suddenly falls apart without any prompting after five years, 11 months and three weeks you may still have a case for compensation.

If the price of something on the shelf is less than the price at the till you do not have an automatic right to buy the product at the lower price. It may, however, be a misleading price indication and details should be sent to Office of the Director of Consumer Affairs - see its website, www.odca.ie, for details.

If you decide to steer clear of the high street and buy online you have a "cooling-off period" of seven working days from the date of receipt to cancel the order. This can be extended if the web trader does not inform you of the fact, to a maximum of three months.

You will have to pay the cost of returning the product, and the cooling-off period does not apply to goods made to order, music, videos or computer software, newspapers or travel arrangements for specific dates.

If you feel your rights have been trodden on and you are in serious dispute with a shop, you can always go to the Small Claims Court, a fast, cheap and simple way to settle disputes for sums not exceeding €1,269.74. Solicitors are not required and claims can be made for faulty goods or bad workmanship.

Conor Pope

Conor Pope

Conor Pope is Consumer Affairs Correspondent, Pricewatch Editor