Presentation on theme: "The SOGA quick Christmas quiz will help you to check how much you know about the Sale of Goods Act (SOGA) and what the law says about customers returning."— Presentation transcript:
The SOGA quick Christmas quiz will help you to check how much you know about the Sale of Goods Act (SOGA) and what the law says about customers returning goods and asking for refunds, repairs or replacement items. There are 10 questions, and for each question you have a choice of answers, but only one of them is correct. Print a copy of the quiz and tick the answers that you think are correct. You can then check your answers using the results sheet at the end of the quiz. If you are unsure about any of the answers, a brief explanation of each answer is provided in Results explained, which you can find after the results. Have you got the SOGA factor? Take the quick Christmas quiz and find out… To ensure the SOGA quick Christmas quiz is easy to read and use, some matters are simplified. For this reason none of the information should be taken as legally authoritative. This resource is intended for retail businesses that sell goods to consumers; it is not intended for businesses selling goods to other businesses. Remember this quiz is based on what the law says (your own customer policy may be more generous than the law).
1. Miss Christmas A customer bought five large packs of Christmas cards in our shop two weeks ago. She is asking if she can return one pack as she didnt need as many cards as she thought. The pack is still sealed and she has the receipt. Is she entitled to a refund or exchange? a.Miss Christmas has simply changed her mind about the cards. The cards are not faulty and therefore she is not entitled to return them. b.Yes, Miss Christmas is entitled to a refund. She only bought the cards two weeks ago and has returned the one pack unopened in its original packaging. c.Miss Christmas is not entitled to a refund because she bought too many Christmas cards, but she is entitled to other stationery to the value of her Christmas cards.
2. Mr Vino In the run up to Christmas, a gentleman ordered a case of wine from us using our mail order service, which states customers can return goods to our stores. Five days after the wine was delivered to his house Mr Vino brought the case in to our store asking for a refund. Our store policy is only to give refunds when goods are faulty – but he bought the wine by mail order. What should I do? a.The order was not damaged and arrived in good time, so you do not have to cancel the order or give a refund. b.Under the Distance Selling Regulations, mail order customers can cancel their order up to seven days after they receive the goods. As your mail order terms and conditions state that goods can be returned to the store, you will have to deal with Mr Vinos return. c.It is not your problem, suggest to Mr Vino that he keeps hold of the wine for a special occasion.
3. Mrs Dishy Four weeks before Christmas, a customer ordered a new dishwasher from us. She made it clear at the time of purchase that it was essential that the machine was delivered in time for Christmas. We gave her a pre-Christmas delivery date but, due to the heavy snow, we were unable to deliver it to her before Christmas. Weve just called to say we can deliver tomorrow – 27 th December - but the customer now wants to cancel the order. She is not only asking for a full refund but also for compensation for engaging a plumber on the missed delivery date. What is she entitled to? a.Mrs Dishy did make it clear that it was essential the dishwasher be delivered before Christmas, so she would be entitled to cancel the order and get a full refund. She could also be entitled to compensation for the cost of engaging the plumber as she has suffered a financial loss because of the late delivery. b.No, these goods were not purchased online, so Mrs Dishy isnt entitled to a refund or compensation. c.The snow wasnt your fault and youve tried to deliver the dishwasher in reasonable time, so Mrs Dishy isnt entitled to either compensation or a refund.
4. Mr Sparks A customer has brought back an electronic turkey thermometer hed bought from us a week ago. He said it didnt work properly. As he is an electronics engineer, he thought he might be able to fix it himself, but one of the prongs was broken in the process. Is he entitled to return the item for a full refund? a.Mr Sparks is not entitled to a refund, repair or replacement in relation to the damage he has caused to the thermometer himself. But, he may be entitled to a price reduction or partial refund because of the original fault with the thermometer. b.The turkey thermometer was clearly not fit for purpose so, of course, Mr Sparks should have a full refund. c.Without doubt, Mr Sparks is entitled to a replacement but not to a full refund.
5. Mrs Twinkle At the start of December a customer wanted a set of twinkling Christmas tree lights after seeing them in our shop window. The only ones we had left were those on display. We pointed out that one or two of the bulbs were missing and we discounted the lights by 10% for the lady as they were ex-display. We made a note of the discount and the fault on the receipt, but now the lights are back in stock Miss Twinkle wants to return the ex-display lights, she says she wants a non-faulty replacement to festoon her Christmas tree. Is she right to demand a replacement? a.Yes, if she wants a replacement, Miss Twinkle is entitled to one as the lights were faulty when you sold them to her. b.You dont have to provide Miss Twinkle with a refund but as the lights were faulty she is entitled to a replacement. c.As you pointed out the missing bulbs to Miss Twinkle at the time of purchase, and made a note on her receipt, then she cannot claim either a refund or an exchange due to the missing bulbs.
6. Miss Party A young lady came in and bought a pair of expensive fashion shoes for the Christmas party season. She brought them back the day after, saying that as soon as she got home she noticed a slight scuff on the heel of one of the shoes and would like a refund. We have a sign up saying we dont give refunds and we have offered her a credit note but is she right to insist on a refund? a.Yes, the shoes are faulty. Miss Party is rejecting them and is entitled to either a refund or an exchange (whichever she prefers). b.Although she brought back her purchase quickly, Miss Party will have to prove the shoes were faulty when she bought them from you before considering a remedy. c.No. You can point out your sign to Miss Party and offer her a credit note.
7. Mr Noel A customer ordered an artificial Christmas tree from our online service. The customer didnt open the package until a couple of weeks after delivery. He then rang us to say that one of the branches is badly bent so he would like us to collect the tree free of charge and provide a full refund. Mr Noel signed for the goods on delivery and almost three weeks have passed since then. Is he entitled to a replacement? a.No, Mr Noel is not entitled to a refund or replacement as he accepted the goods when he signed for them. b.Mr Noel is entitled to a reasonable time to examine his goods after delivery. After examining it Mr Noel is rejecting it because it is faulty and he is entitled to ask for the tree to be collected and to receive a full refund. c.Mr Noel didnt open the package for a couple of weeks so he isnt entitled to a replacement.
8. Mrs Gift A lady bought a briefcase from us in November as a Christmas present for her husband. She brought it back after Christmas complaining that its not made of Italian leather, even though our sales assistant used this description when she bought it. The item was priced at £39.50 which is the price range for plastic briefcases. Our sales assistant was mistaken, but surely the customer is not entitled to a refund? a.Mrs Gift left it four weeks before she brought the briefcase back, so you could offer her a credit note or she could choose something else from your shop at the same price. b.No, the customer accepted the goods at the time of the sale and unless the briefcase was damaged, Mrs Gift is not entitled to a refund. c.Yes, your sales assistant told Mrs Gift the briefcase was made from leather and it is actually plastic. So, Mrs Gift is entitled to a full refund, partial refund or price reduction.
9. Mr Santa It is 2 January, and a customer has returned a gaming console that he bought from us on Christmas Eve as a present for all the family to enjoy over the holiday. He wants a replacement as he says that when his family opened the package on Christmas Day they found a chip on one corner of the console. But as there was no way of getting another one, they used it anyway. He now wants a replacement but the console has obviously been used and weve not got any in stock. What do I say? a.Tell Mr Santa that he accepted the goods when he and his family used the console over the Christmas holidays. Therefore, he is not entitled to a replacement. He will have to put up with the chip. b.Explain that despite the fact the console was used over the holidays, Mr Santa is entitled to a remedy as the item is not of satisfactory quality. As you have no stock to replace the item you will need to ask if Mr Santa wants a full refund or to accept a repair. If he wants to keep the goods and you are unable to provide a repair you must offer him a price reduction. c.Tell Mr Santa that he had the chance to examine the console when he was purchasing it so you dont need to do anything.
10. Mrs Candlestick A lady has returned some Christmas candlesticks she received as a Christmas gift from her daughter – one of them was badly cracked. They were Christmas stock and we wont be getting any more. As we cant replace or repair the item the lady is asking for a refund. Her daughter paid for the candlesticks using her credit card, but the lady is asking for cash. I am willing to provide a refund but Id prefer to refund the credit card used. What do I say? a.Just say you are sorry the candlesticks are broken but as Mrs Candlestick didnt purchase them originally you can only offer her an exchange for another item in your store. b.Tell her you are going to return the candlestick to the manufacturer and ask them to send her a cheque to refund her. c.Tell Mrs Candlestick you cannot repair or replace the item so her daughter is entitled to a refund. Explain you would be happy to refund direct to her daughters credit card as it is the credit card company who paid you for the goods.
Results Check your answers against the list of correct answers below to see how you scored. 1. a 2. b 3. a 4. a 5. c 6. a 7. b 8. c 9. b 10. c For a detailed explanation of the Sale of Goods Act, see SOGA explained at http://sogahub.tradingstandards.gov.uk
Results explained The following is designed to provide you with a little more information about each answer. For a detailed explanation of the Sale of Goods Act see SOGA explained at http://sogahub.tradingstandards.gov.uk/ 1.A customer does not have a right to a refund, replacement or repair under the Sale of Goods Act for goods they bought in store simply because they changed their mind. See SOGA explained, When can a customer claim a refund, repair or replacement – what the law says, Circumstances when customers do not have a legal right to a refund, repair or replacement. But its worth remembering that for all items purchased online, by telephone or mail order, a customer has up to seven working days to change their mind from the day after the goods are delivered. See SOGA explained, Your customers rights when they buy goods online, by telephone or by mail order, Additional rights. 2.Because Mr Vino bought the wine online he does have an additional right. Under the Distance Selling Regulations he can cancel his order and receive a full refund anytime up to seven working days from the day after he received the wine. See SOGA explained, Your customers rights when they buy goods online, by telephone or by mail order, Additional rights.
The terms and conditions for your online service state that goods ordered online can be returned in-store, so Mr Vino is entitled to return his wine to your store. See SOGA explained, Your customers rights when they buy goods online, by telephone or by mail order, Return of goods ordered online, by telephone or by mail order. For more detail on Distance Selling Regulations, visit http://sogahub.tradingstandards.gov.uk/ 3.Mrs Dishy gave you a specific date, which she made clear was very important to her. You were unable to fulfill this request despite agreeing to it at the time of purchase, so she would be entitled to cancel her order and receive a full refund. As well as a full refund, Mrs Dishy may be entitled to ask for financial compensation for the cost of the plumber. See SOGA explained, Delays in deliveries. 4.By trying to mend the turkey thermometer himself, Mr Sparks has given up his right to reject it and claim a full refund. He still may be entitled to another remedy because of the original fault with the item. See SOGA explained, When can a customer claim a refund, repair or replacement – what the law says. 5.You clearly pointed out the missing bulbs to Miss Twinkle before she bought the Christmas lights and she still went ahead and bought them, so she is not entitled to a refund or replacement set of lights under the Sale of Goods Act. You were right to make a note of it on her receipt as confirmation of her awareness of the fault. See SOGA explained, When can a customer claim a refund, repair or replacement – what the law says.
6.Miss Partys shoes were clearly faulty so under the Sale of Goods Act she is entitled to reject the shoes and request a full refund. You cant remove her rights by displaying a notice saying We dont give refunds. It is also against the law to mislead customers about their rights. See SOGA explained, Complying with the law. 7.Although Mr Noel signed for his Christmas tree when it was delivered, this does not mean he has accepted the goods. He must be allowed a reasonable opportunity to inspect the Christmas tree and identify any problems or faults. See SOGA explained. Faulty goods – your customers rights, Acceptance. 8.Everything you say about your goods should be factually correct and not misleading and if you sell goods by description, the description must be accurate. In selling the briefcase to Mrs Gift the sales assistant described it as an Italian leather briefcase, and Mrs Gift relied on this description whatever the price. Mrs Gift has rights under the Sale of Goods Act and may be entitled to a full refund, partial refund or price reduction. See SOGA explained, Your responsibilities as a retailer, Statements made about the goods you sell. 9.Given the short time since Mr Santa bought the goods, with the Christmas holiday intervening, he is entitled to reject the goods or to claim a repair or replacement of the goods in the first instance. As you dont have a replacement (and repair doesnt seem an option), he is entitled to keep the goods and claim a price reduction to compensate for the fault. See SOGA explained, Faulty goods – your customers rights.
10.Mrs Candlesticks daughter paid for the gift by credit card and under the law you can insist on the refund being paid to the credit card company who paid you in the first instance, rather than the customer directly. See SOGA explained, Methods of payment when a customer is entitled to a refund. For a detailed explanation of the Sale of Goods Act, see SOGA explained at http://sogahub.tradingstandards.gov.uk/