Of course there is not definitive answer as to when a business should give a consumer a refund of monies but here is a quick step guide for businesses on ‘refunds’ and ‘returns’ issues:

Knowing your customers rights!

Under the Sale of Goods Act 1979 (as amended), consumers have certain implied statutory rights if they buy goods from a trader or business. Briefly goods must be:

* of ‘satisfactory quality’ – which generally means that the item should be free from fault or defect and as well as being fit for their usual purpose, of a reasonable appearance and finish, safe
and durable.

* ‘fit for the purpose’ – as well as being fit for the purpose for which they are generally sold, goods should also be fit for any specific or particular purpose made known at the time the contract is made.

* ‘as described’ – goods should correspond with any description applied to them – this could be verbally, words or pictures on a sign, packaging or an advert.

Therefore, a consumer may be entitled to a refund, replacement, repair and/or compensation where goods are faulty or not as described.  However different consumer rights apply where goods are either bought online or purchased in a retail shop.

For instance, when a consumer has bought an item of clothing in a retail store, and later discovers that it is the wrong size or they have changed their mind,  there is no automatic right for the consumer to return the goods and receive a refund.   Consumers do have certain cancellation rights, however, if they buy goods from mail order catalogues or over the internet, and where a contract to buy goods has been concluded in the consumers own home (e.g doorstep selling).

Restrictions and Exclusions

Businesses cannot restrict a consumers legal rights or try to take these away from them by use of an exclusion cause in a contract of by the terms of shop notice.  Since the introduction of the Consumer Protection from Unfair Trading Regulations 2008 it is a criminal offence to mislead a consumer about his/her legal rights.

The following are examples of statements that are likely to mislead consumers about their rights:

* “No refunds given”.

* “Goods can only be exchanged”.

* “Only credit notes will be given against faulty goods”.

* “Sold as seen”

Even the statement ‘No refunds except where goods are faulty’ would be considered illegal, as there are a number of cases where a consumer can claim a refund on non-faulty goods (e.g. misdescribed goods). Businesses are advised to avoid using these terms whenever possible and to seek advice about putting in place a clear ‘returns’ policy.

Returns Policy

It can be difficult to draft and display in a notice, a meaningful returns policy, which provides the consumer with useful information, protects business interests and adheres to consumer protection
legislation.

For this reason, it is often said that ‘the best notice is no notice’,. However, this is also not always practical for businesses who want to inform and treat all customers fairly.

Here is an example of an appropriate ‘returns policy’ for a business. This information may be shown on receipts or on a notice may state the following:

“Returns Policy. If you change your mind about your purchase, please return the unused goods to us with the original till receipt within 14 days, and we will offer you an exchange or a credit note. This does not affect your legal rights, including your right to claim a refund, replacement, repair and/or compensation where the goods are faulty or
misdescribed.”

Remember, however, a business cannot impose any conditions where the consumer has a legal right to return goods.

Manufacturers guanrantees

Some goods come with their own manufacturers guarantee.  The terms of such guarantees can vary but are meant to enhance a consumers statutory rights.   Guarantee terms can be used as an alternative means of resolving a consumer complaint.
However, if goods are found to be faulty, midescribed or not fit for a particular purpose, then the consumer has legal rights against the retailer as discussed above.
Likewise, businesses cannot use the duration of a guarantee to limit consumers’ rights. Consumers are entitled to expect goods to remain of satisfactory quality throughout their reasonable life expectancy, so long as they are maintained correctly and not misused.

Businesses must provide, on request, a written copy of any guarantee terms offered along with instructions and care advice of the item, where appropriate.  Any such guarantee must include the following particulars:

* The name and address of the person giving the guarantee.

* The contents of the guarantee (i.e. what it covers, which countries it applies in, and what you will do when a claim is made).

* The duration of the guarantee.

* How to make a claim.

* A statement that the consumer has statutory rights that are not affected by the guarantee.

Highland Council Trading Standards offer free and confidential advice to all businesses within the Highland geographical area.  Businesses can contact Highland Council Trading Standards by telephone on 01463/228700

or by email at: trading.standards@highland.gov.uk
or alternatively visit or write to Highland Council Trading Standards, 38 Harbour Road, Inverness IV1 1UF.

For further Highland Trading Standards news please go to  www.highland.gov.uk/tradingstandardsnews
<http://www.highland.gov.uk/tradingstandardsnews.htm>

Note: Highland Council Trading Standards Service is part of Transport, Environment and Community Service, Highland Council, Glenurquhart Road, Inverness

The campaign, which is led by the Association of Chief Police Officers in Scotland (ACPOS) and runs throughout Scotland saw a total of 29 drink drivers detected in the Northern Constabulary area during the four week campaign period, which is 19 fewer than last year.

In addition, this year saw the introduction of the Vehicle Forfeiture initiative, where those caught drink driving after a previous conviction of the same offence faced having their vehicle seized with the potential of being sold or destroyed. This initiative is set to continue out with the campaign. Northern Constabulary have seized two vehicles and their owners will find out their fate following court forfeiture hearings.

Northern Constabulary continued with the policy of detaining certain drink drivers until the next available court date, which saw sixteen people spend at least one night in custody.

Head of Road Policing, Inspector John Smith commented: “I am encouraged to see a reduction in those committing such offences on our roads and listening to our road safety messages that we heavily promote at this time of year.

“I would like to thank members of the public for their contribution to making our roads safer as we saw a number of people caught drink driving after being reported by concerned citizens, which included friends and family members.

“The Vehicle Forfeiture initiative, I feel, has played an important role by introducing an additional serious financial loss to individuals as well as facing the outcome of court proceedings, which could include loss of licence or imprisonment.

“Despite the numerous warnings a number of people chose to ignore the messages issued and put themselves and other members of the public at risk by drinking and driving.

“We will continue to target those committing these serious offences and encourage members of the public to continue to support us and report those they suspect may be drink or drug driving.”

ends

The annual pre-Christmas drink-drive campaign is shifting gear this year, with the aim of convincing drivers that a conviction has the potential to ruin their life through legal and personal consequences.

Inverness Crime prevention Panel have teamed up with City Taxis with a joint initiative to promote the prevention of drink driving.

Working with City Taxis, thousands of beer mats have been produced and are in process of being distributed to pubs and clubs across the Inverness region in Scotland.

The message is quite simple  “Had a Drink? – Don’t take a chance with driving – Telephone for a Taxi!”

The campaign was launched this week, by Paul Lewis and Kevin Clark of City Taxis and Members of Inverness Crime Prevention Panel in Inverness City Centre.

Paul and Kevin said:
“We had both been extremely concerned about the consequences of drinking and driving for some time and thought the best opportunity to get the message across was at the point of consumption of alcohol.
We have nothing against those wishing to enjoy having a few drinks in their chosen pub, club or restaurant, all we suggest is rather than taking unnecessary driving risks, simply call a taxi”.

The possible consequences of a drink-drive conviction include:

The Law

If you are convicted for a drink driving offence you will:

- Have a criminal record
- Lose your licence for a minimum of one year
- You may go to prison for up to six months
- You may have to pay a fine of up to £5,000
- Have difficulty hiring a car within ten years of your conviction

If you are convicted of causing death by careless driving while under the influence of drink you face:

- Up to 14 years in prison
- An unlimited fine
- A minimum two-year driving ban

Other consequences:

- Face exceptionally high insurance costs once you get your licence back
- You may lose your job (15 per cent of those convicted do)
- Legal expenses
- Loss of personal transport and increased travel expenses
- Living with your conscience

And worst of all living with the knowledge that your irresponsibility has caused death, injury or severe distress to innocent people.

Do you know the legal limit for alcohol when driving?

80 milligrams of alcohol in 100 millilitres of blood, or 35 micrograms of alcohol in 100 millilitres of breath, if a breath test is used.

However this can’t be measured in how many units a person has drunk because everyone deals with alcohol at different rates. To be on the safe side, people who plan to drive should not drink any alcohol.

Liz Gilchrist, Vice Chair of Inverness Crime prevention Panel said:
“The message that drink-driving has the potential to seriously injure or kill has been well publicised. By highlighting the life-changing consequences that a conviction also brings, we hope to further deter those who may be tempted to drive after having drunk alcohol.”

“We need the support of the public and publicans to be able to make a real impact. If you know of anyone drinking and driving, please call Crimestoppers anonymously on 0800 555 111. Your call could save a life.”

The objectives of the campaign are:
To increase the awareness of the personal consequences of a drink-drive conviction.
To encourage the belief that one or two drinks are too many before driving.
To reinforce the social stigma surrounding drink-driving.
Don’t drink and Drive!

As we enter the festive period it is essential that motorists remember that if they are going to drink they should either leave the car at home or get someone else to drive. Drink drive limits cannot be calculated and the only safe way is not to run the risk of drinking and driving at all.

Jim Ferguson, Chair of Crimestoppers Highlands and Islands said:
“Although only a small minority of motorists continue to flout the drink-driving rules, this minority of irresponsible drivers still accounts for one sixth of all road deaths in this country. I ask these drivers to consider the potentially devastating effect that their behaviour may have on innocent victims, and stop being utterly thoughtless.

City Taxis web site

Often consumers do not know what steps they can take to try and get their money back or who to contact to make a claim for their money.

Here are a few suggestions for consumers that may help:

*  Find out whether an Administrator has been appointed – details can often be found on the company’s website, or in the press.

*  If an administrator has been appointed, then consumers can write to them and lodge their claim.   Consumers should attach copies of any paperwork, such as an ‘Invoice’ or ‘receipt’ as this may help prove they have a valid claim.  Consumers should always keep copies of their correspondence safe as well as any original documents.

* Consumers using credit cards are protected under S75 of the Consumer Credit Act 1974.  If a consumer has purchased an individual item over £100 (but not more than £30,000) using their credit card then they have an ‘equal liability’ claim against the credit card firm.  Consumers should write to the credit card company, attaching copies of any paperwork which may help prove their claim.

* Consumers who have purchased goods using a Visa debit card or a Mastercard debit card, should contact their bank to check if they are able to be reimbursed under a ‘Charge Back Scheme’.  However, consumers will need to contact their bank within 120 days of realising that there is a problem.  It is important to note that unlike the protection offered when using a credit card, there is no legal obligation on the bank when payment has been made using a debit card, it is merely a scheme.

If consumers are unsure or what steps to take to try and get their money back when a business goes into administration or ceases to trade, they can contact Consumer Direct Scotland on 08454 04 05 06 for more advice.

Consumers can also visit or write to Highland Council Trading Standards Service, 38 Harbour Road, Inverness IV1 1UF.

Note: Highland Council Trading Standards Section is part of:
Transport, Environment and Community Service, Highland Council, Glenurquhart Road, Inverness

Mrs Glenys Brown

Trading Standards Officer

Highland Trading Standards Unit, 38 Harbour Road, Inverness, IV1 1UF

Telephone No: 01463/228717

Email: glenys.brown@highland.gov.uk

Recognise anyone? You can help solve these crimes.
Contact Crimestoppers anonymously with your information.

Recognise this person?

Fatah BENLAREDJ

Location

National

CS Reference

CS0909-3345

Fatah BENLAREDJ is wanted for the rape of a 7 year old girl.

Stephen John BURNELL

Location

National

CS Reference

CS0909-3344

Stephen John BURNELL is wanted following a failure to surrender to custody.

Martin Anthony SMITH

Location

National

CS Reference

CS0909-3350

Martin Anthony SMITH is wanted in connection with the rape of a child under 16, gross indecency with a girl under the age of 16, indecent assault of a girl under 16 and attempted rape of a girl under 16.

Jody Michael FLYNN

Location

National

CS Reference

CS0909-3348

Jody Michael FLYNN is accused of causing grievous bodily harm with intent and maliciously inflicting grievous bodily harm.

• 
  

  Michael EDDLESTON

  Location

  National

  CS Reference

  CS0909-3349

  Michael EDDLESTON is accused of three counts os illicit trafficking in narcotic drugs and psychotropic substances.

• 
  

  Joseph Stephen MORLEY

  Location

  National

  CS Reference

  CS0909-3346

  Joseph Stephen MORLEY was convicted of conspiracy to import Class A drugs and was sentenced to 15 years imprisonment.

• 
  

  Benjamin MURPHY

  Location

  National

  CS Reference

  CS0909-3352

  Benjamin MURPHY is wanted for planning and executing the robbery of a jeweller’s where he stole trays of diamond jewellery and watches to the value of 1.6 million pounds.

• 
  

  Mark Ronald BROWN

  Location

  National

  CS Reference

  CS0909-3343

  Mark BROWN is accused of being knowingly concerned in the importation of Class A drugs. BROWN is believed to be the head of an organised criminal group that conspired to and imported, hundreds of kilos of heroin into the UK concealed within the feet of wooden pallets used to transport legitimate loads of quad bikes and motorized toys.

• 
  

  Paul WALMSLEY

  Location

  National

  CS Reference

  CS0909-3347

  Paul WALMSLEY is wanted for prosecution for the offence of conspiracy to supply class A drugs (heroin and cocaine)

• 
  

  Stephen Henry PITMAN

  Location

  National

CS Reference

CS0909-3351

Stephen PITMAN is accused of seven offences of conspiracy to supply Class A drugs.

How to give information

Crimestoppers is here for you anytime of the day or night.

You can contact Crimestoppers anonymously by calling 0800 555 111 or filling out our anonymous online Giving Information Form.

By phone

Call 0800 555 111 any time to talk to one of our experienced advisors. We will ask questions about the crime you have information on but will never ask questions about you. Talking things through helps you provide the full picture and makes sure the best use can be made of your information. It’s a good idea ring when you’ve got time to talk and you won’t be disturbed.

We will never attempt to trace or record your call – not even for quality control or monitoring purposes. We do not have the facility to use 1471 to find your phone number. If you are at all concerned reassure yourself by dialling 141 before 0800 555 111 which blocks your phone number. Or use a phone box – its free.

Because Crimestoppers is an 0800 number, calls are free and don’t show up on a BT or cable phone bill. Calls to Crimestoppers on 0800 555 111 are currently free from most existing mobile networks, including 3, BT Mobile, Fresh, O2, Orange, T Mobile, Virgin and Vodafone. We have been told that calls will not appear on any of these bills.

If you don’t speak English or if English is not your first language, you can still give us information anonymously via a translation service. Your call will be answered by someone who speaks English. You will need to tell them which language you speak.

Skype and internet calling services

We don’t advise callers to use Skype, or other internet calling services, when they want to give information to Crimestoppers anonymously on 0800 555 111. This is because we cannot guarantee your anonymity – other users on your computer may be able to find out that you’ve called Crimestoppers and it’s possible that your computer could be located by the IP address. As the anonymity of our callers is vital, please do not use Skype and internet calling services to call us. Instead, call 0800 555 111 using a landline or mobile phone, or fill out our anonymous online Giving Information Form, which is encrypted so that you cannot be traced.

Online

You can fill in our anonymous online Giving Information Form to give information online. We’ve provided some questions to help you tell us everything you know. The information will be sent to us over a secure internet connection which makes sure you and your computer, are anonymous. Our advisors read what you have sent us and will take out any information that might identify you before sending onto the relevant authorities.

Most Wanted

Appeals for information about people being looked for by the police can be found in our Most Wanted section. You can give information to Crimestoppers on these appeals either by phone, 0800 555 111, or online – just click the button on the appeal page. If you ring it helps us to have the appeal reference number, beginning CS.

Alternatively the police may give a direct phone number you can contact them on if you’re willing to give them a statement.