It’s that time of year again when we prepare our Christmas shopping list and hit the streets to buy the perfect gifts for our loved ones. To make sure that our shopping experiences go smoothly, and also ascertain that we do not waste money on unwanted or inadequate gifts, we buyers need to assume a number of responsibilities.
Our first responsibility is that of checking the shop’s return policy. Since we can never be completely sure whether we would have made the right gift choice, before concluding the sale we should ask the seller whether the shop has a policy that allows the receiver of the gift to return and exchange it.
Once the seller confirms this possibility, we should ask about the terms and conditions of the return policy. We consumers must remember that return policies for unwanted products are voluntary so they may vary significantly from one shop to another.
Some important questions to ask include by when the gifts can be exchanged and what kind of remedies the shop offers; in other words, whether the shop only offers exchanges, or also gives out credit notes and refunds.
We should also ask the seller how the unwanted item must be returned. Most shops, for instance, request that non-faulty goods can only be returned if they are unused and in perfect condition and with their original packaging undamaged.
Once we gather this information, we should also make sure that it is clearly written on the gift receipt. This to ensure that the receivers of the gifts know what they need to do in case they decide to return the gift.
When choosing a gift, we should remember that there are some types of products that are normally excluded from a shop’s return policy. These usually include made-to-measure or personalised items.
Even items that come into close physical contact with the body, such as earrings, make-up and underwear, are often excluded from a shop’s return policy for hygienic reasons. We should therefore always double-check that an item is exchangeable before concluding the purchase.
Consumers must remember that return policies for unwanted products are voluntary so they may vary significantly from one shop to another- Odette Vella
In case of gifts purchased online, we consumers have additional rights. The online seller is legally obliged to give us a cooling-off period during which we can return purchased goods without the need to give a reason why and without incurring additional charges.
This period of time is 14 days if the product is purchased from a European Union member state. This time-limit starts on the day we receive the purchased goods.
If this period elapses before we actually give the gift to the intended recipient, then we can no longer return the item to the seller. This rule applies unless the company has return policies that allow exchanges even after the statutory 14-day cooling off period expires.
When buying online, we should also bear in mind that unless the goods are damaged, or not in conformity with the contract of sale, the seller may request us to pay for the transport of the unwanted goods back to them. However, the online seller is legally obliged to inform us about these costs. If not, then the online seller must pay for the transport expenses.
Even in online shopping there are some restrictions on the right of return. For example, we cannot avail ourselves of the right of withdrawal when purchasing personalised or perishable products, such as fresh food or flowers. Even sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery, cannot be returned.
While shopping for Christmas gifts, we may encounter sellers who tell us they do not allow exchanges or do not issue money refunds. Such policies may only be applied when the goods sold to us are as described and not defective. In fact, sellers are not legally obliged to exchange or refund unwanted gifts.
If, however, the gift turns out to be defective or is not fit for its purpose, the law gives us the right to claim a free remedy from the seller. These rights cannot be diminished or denied by shops displaying “No refunds” or “No exchange” signs.
Should we encounter problems with any of our purchases, we should first communicate with the seller and try and resolve the problem amicably. If we are not satisfied with the way our complaint is dealt with, we may then contact the Office for Consumer Affairs at the MCCAA for information about our legal rights and any other assistance.
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ODETTE.VELLA@MCCAA.ORG.MT