The right way to go about a refund

Consumer rights expert Tina Leonard says for “a camera that broke down or doesn’t work, your consumer rights kick in immediately.”

Consumer rights apply to broken goods, but not all shops accept returns of undesired items, says Colette Sheridan

AS you emerge from the excesses of Christmas, January is the time of year when you need to make a fresh start, sorting out finances, checking out better phone deals and energy costs. But before you tackle a spreadsheet detailing your out-goings, it’s also time to do something about unwanted gifts received over the festive period.

Consumer expert, Tina Leonard, who has just published Your Consumer Rights in Ireland, says the biggest issue in January is what to do about gifts and purchases that either don’t work or are unwanted.

“If you’re talking about a toy or a camera that broke down or doesn’t work, your consumer rights kick in immediately because the item is faulty,” says Leonard. “The shop where it was bought has to give you a refund or replace the item. Proof of purchase doesn’t have to be a receipt. If the item was bought with a credit card or a laser card, then evidence of that is sufficient,” says Leonard.

What to do about unwanted items? These are the presents that you dislike or they could be items of clothing that you bought for yourself but didn’t have time to try on.

“If you’ve changed your mind about something, then your rights don’t kick in. It’s entirely up to the shop’s returns policy. A lot of shops have fantastic returns policies. Some will give you a credit note, an exchange or a refund. But some shops don’t take returns at all,” she says. If the item was bought online or through a catalogue, there is a cooling-off period. “This period lasts for seven days from receipt of the item, when you must tell the trader that you’re sending it back and want a refund. You should do this by email. You don’t have to send the item back within seven days but you must inform the trader within that time.”

Leonard says that if you received gift vouchers for Christmas, it’s important to spend them as soon as possible. “People tend to put them in drawers and forget all about them. But most gift vouchers have a time limit of six months, a year, or two years. If there is nothing written on the voucher about how long it’s valid, ring the shop and ask,” she says.

In our tough economic climate, Leonard says that outlets are closing down, which can be problematic for holders of gift vouchers. “If the voucher was paid for by plastic, the bank can be contacted and a charge-back will be issued. But if the voucher was paid for with cash and the shop/beauty salon/hotel closes down, nothing can be done. You’ll be added to the creditors’ list but will be way down the list,” she says.

A new year means new beginnings. “Many people make new year’s resolutions about switching service providers to get better value. Thousands of Irish people have left health insurance because of increases in cost. If you want to continue with private health insurance, see if you can get a better deal. Go to www.hia.ie (the health insurance authority), which has an interactive prices and product comparison. You can also see what is being charged for a corporate policy. By law, these policies have to be available to everyone regardless of whether or not they’re in a company. They are usually cheaper policies,” Leonard says.

If your health insurer is raising its premiums and you have only a few months to go before your policy is up, renew it before the end of the policy so you’ll be able to get it at the old price. “The VHI has imposed penalties if you cancel your contract before the end date. Quinn Insurance and Aviva don’t impose this penalty,” she says.

Leonard says that an alternative to health insurance is a cash plan. “Cash plans cover out-patient day-to-day expenses but they don’t cover staying in hospital. If you use a doctor, a dentist or a physiotherapist, for example, you make your claim at the time and get a cash amount back. The cash plan start at 31 cents a day. There is only one provider, the HSF (Hospital Saturday Fund).”

When it comes to phone services, it’s important that you have the right package. Leonard says that “it’s difficult to truly compare different providers. You need to go back over old bills and if you don’t have bills, contact your provider.” Go to Com Reg’s website, www.callcosts.ie, which has an interactive facility into which you can input your phone usage. You also need to know how long your contract with a phone company is.

“Only switch providers when you come to the end of your old contract. Otherwise, you will be penalised. The same goes for TV subscriptions and energy providers. Phone companies, in particular, are making contracts longer,” she says.

* Your Consumer Rights in Ireland, by Tina Leonard, is published by Londubh Books at €14.99.