Know your shopping rights

Paying for presents with plastic affords you an extra level of protection. If you have bought a gift on a credit card and the item cost between £100 and £30,000, both the supplier and the credit provider are liable if the goods are faulty or were misrepresented. This means if the supplier goes bankrupt before you receive the goods, you can make the same claim against the credit provider that you would have brought against the supplier.

Change of mind

Unfortunately you have no right to a refund or replacement if an item is simply unwanted. The main exceptions are if the seller specifically agreed to a refund or exchange on return of the goods and for certain home shopping purchases which can be cancelled from the day on which the contract is concluded until seven clear working days after receipt of the goods.

In practice, many stores operate a 'goodwill policy' and will exchange unwanted goods or refund you, providing the item you are taking back is in the same condition it was when you bought it.

Faulty goods

The Office of Fair Trading suggests that you check presents before you buy to see that they are in working order. If you change your mind and wish to return a gift, the vendor is under no obligation to take it back, unless it is defective.

If goods aren't of satisfactory quality, fit for their purpose or as described, you have a right to return them and get your money back, provided you inform the shop you want to return the goods within a reasonable time. While there is no set time limit, the quicker you report the problem, the easier it will be to obtain a refund. If you find the fault later, but still within six months of buying, you can usually still claim a free repair or replacement.

You are not obliged to accept a credit note, vouchers or the offer of a repair if goods are faulty or incorrectly described and they are returned within a reasonable time.

With presents, usually it is the person who bought the goods who should take them back, but in practice it is normally proof of purchase that retailers will insist on.

Manufacturer guarantee

Although the law says that it's up to the seller to deal with complaints about defective goods, you may have additional rights under a manufacturer guarantee. You are usually required to send off details such as your name and address and date of purchase to validate the guarantee so if you want this additional protection, make sure you have fulfilled all the necessary requirements.

Sale goods

Your rights apply equally to goods bought in a sale. You should ignore any signs which say otherwise as they have no legal basis. In fact, traders who display such signs can be prosecuted by trading standards officers. Some sales goods can be reduced because of slight defects and should be labelled as such.

Check items thoroughly. The seller is not obliged to give you your money back if you are complaining about faults pointed out prior to purchase, for example, on signs or labels.

Gift vouchers

Many people don't realise that gift vouchers are only valid for a certain time, typically twelve months from the date of purchase. They are not usually exchangeable for cash. You may be offered vouchers when returning faulty goods, but you don't have to accept them - you can insist on a cash refund. It's your choice.

Second-hand goods

When you buy on the high street you have the same rights, but you must take into account that second-hand will not be of the same quality as brand new. Examine goods carefully before you buy.

You can claim back your money or ask to be refunded the cost of repairs if the goods are faulty, unless the faults are the wear and tear normally to be expected with second-hand goods or were pointed out to you or were obvious when you agreed to buy the goods. You have fewer rights when you buy privately. In a private sale, the goods must only be 'as described', and don't need to be 'of satisfactory quality' or 'fit for their purpose'.

Internet and home shopping

If you buy goods or services from a catalogue, on the internet or by any other form of 'distance selling', you additionally have the right to:

• Clear information on the goods before you place an order.

• Written information about a purchase, including a description of the goods, the price and any delivery charges.

• A cancellation period, during which an order can be cancelled without any reason and a full refund made - this is typically up to seven clear working days after receipt of the goods. The cancellation period will be longer if written information is not provided. There are some exceptions - for example, if you remove the packaging on CDs, DVDs or computer games.

• A full refund if goods or services are not provided by an agreed date or not provided within 30 days, beginning with the day after sending an order, if no date was agreed.

'Too good to be true' offers

They probably are. Misleading advertisements or sales pitches may include false promises about what products can do, conceal or leave out important facts or create a false impression in some way. Ask questions and ask to see the goods. Do consider whether you'll be able to easily contact the seller if there is a problem. Don't rush into a purchase you might regret.

Making a complaint

If a product is unsatisfactory, go back to the seller with proof of purchase. Stay calm and be sure of your facts - and rights. If you are not satisfied, write a letter of complaint to the company's head office, consumer complaints department or chairman. Persevere, as you may need to send a follow-up letter. If this fails, contact your local Trading Standards Department, Consumer Direct or your local Citizens Advice office.