Can I get a refund for ‘non-drop’ Christmas tree that’s already dropping its needles? Consumer lawyer DEAN DUNHAM replies

I bought a Christmas tree from a local farm that was advertised as ‘drip-proof’.

But after a week the needles are falling out everywhere. Can I get some of my money back?

Name and address stated.

Dean Dunham replies: In reality, no real Christmas tree is truly ‘fall-free’. At best, this term generally means reduced needle loss, provided the tree is fresh and properly cared for.

However, declaring a tree ‘non-falling’ creates an expectation, and if the tree is shedding after just a week like a labrador in summer, you have every right to feel short-changed.

Legally, your rights depend on whether the tree was misidentified. Under the Consumer Rights Act 2015, goods must be as described, of satisfactory quality and fit for purpose.

A Christmas tree that disintegrates rapidly well before Christmas Day or whose needles are falling off despite being described as ‘non-falling’ may fall short of these standards, especially if you have watered it and kept it away from heat sources.

But be prepared for the seller to claim that the pin drop was affected by factors beyond their control, such as central heating, lack of water or shipping damage.

Therefore, you will need to show that you have followed all general care instructions and have not done anything unusual that could affect needle drop.

I recommend taking photos of the tree and surrounding area to show how far the needles have fallen. Then return to the farm with this evidence.

Tell the seller you want a refund as the tree does not meet the definition of ‘non-deductible’, which is a breach of the Consumer Rights Act.

If you paid by credit or debit card, you can file a chargeback if the merchant refuses to refund you.

If you go this route, make sure you tell your bank or card provider that you are making a claim for breach of contract; the violation is when the tree does not match the description.

Finally, you must request a chargeback within 120 days of purchase, so don’t make it too long.

Christmas party dress did not arrive

I ordered a dress online for my work Christmas party on November 14th.

I paid extra for next day delivery and insurance. I received an email saying it would be delivered the next day, but I never received it.

By mid-December it still hadn’t arrived at the party. I just want my money back but the seller wants to send me a new one. Can he do this?

Name and address stated.

Dean Dunham replies: When you order the dress and pay extra for next day delivery, you are entering into a contract with when your purchase will arrive. In this context, delivery date

Especially considering that the dress was for a certain period of time, the retailer had to comply with a certain term of the contract.

a specific event.

Under the Consumer Rights Act 2015 and under English contract law, goods must be delivered within the agreed time.

Otherwise, the retailer is in breach of contract. You can now use one of two legal ways to insist on a refund rather than an exchange of the dress.

First of all, you can claim breach of contract for the reasons I listed above.

As a result of breach of contract, your contract to purchase the dress will be canceled and you will automatically be entitled to a refund.

Alternatively, when you order the dress online, the Consumer Contract Regulations apply.

These regulations state that you can cancel an order and receive a refund at any time from purchase to 14 days after delivery.

So in both cases the retailer has no right to force you to switch.

You should also note that in addition to a full refund of the dress, you are also entitled to a refund of the extra money you paid for next day delivery and insurance because these services were not provided.