Christmas is now only a couple of weeks away and those who have not yet started shopping for Christmas gifts do not have much time left. Buying gifts for our loved ones is no easy task and involves an element of risk.
In other words, no matter how well we think we know our loved ones, there is always the risk that we may choose the wrong gift for them. This risk can, however, be significantly minimised if we consumers avoid rushed buying decisions and take some basic precautions.
In the first instance, we should remember that unless there is a pre-sale agreement that states otherwise, sellers have no legal obligation to accept our request to return and exchange unsuitable gifts. This means that it is up to sellers to adopt voluntary return policies that allow such exchanges.
Hence, to ensure the gifts we are buying can be exchanged, we are responsible to check the shop’s return policy before concluding any purchase. Some important questions to ask include whether the gift can be exchanged, and if the answer is yes, ask about the terms and conditions on how returns can be affected. It is also our responsibility to ask the seller to give us a gift receipt that includes information on the shop’s return policy. This receipt must then be given to the person receiving the gift.
When shopping for the perfect Christmas gifts, we should remember that there are some products that, due to their nature and/or for hygiene reasons, cannot be exchanged. For instance, items such as earrings, make-up and underwear are often excluded from a shop’s return policy.
We might also not be able to return personalised or perishable products. Hence, even though we might know the shop’s return policy, we should always double-check that the policy applies to the particular gift we are buying.
Always double-check that the shop’s return policy applies to the particular gift we are buying- Odette Vella
Should the seller inform us that unwanted gifts can also be returned during the January sales, we should ask what value is considered during the exchange – whether the original price paid for the product or the reduced price. Since consumer legislation does not give consumers the right to exchange unwanted products, this legislation does not regulate voluntary return policies. This means that shops can adopt any return conditions they deem fit for their business.
As consumers, we have the legal right to claim a free remedy from sellers when the gifts we purchase turn out to be damaged or not fit for their purpose. Furthermore, goods purchased must be supplied as described and promised by the seller before the contract of sale was concluded.
When this is not the case, we can request the seller to provide us with a free remedy which can either be a repair or replacement of the defective product. When neither of these two remedies are possible, or if these remedies may cause us a significant inconvenience, we may then request a part or full refund of the money paid.
Should we decide to buy some Christmas gifts online, or through another form of distance selling, we should remember that this type of shopping gives us additional rights. This includes the 14-day withdrawal period. During this time, we can choose to return any unwanted items without giving any reason and without incurring additional charges. The 14 days start on the day the purchased goods are delivered to us.
We should, however, remember that the right of withdrawal does not apply to all products sold online. For instance, perishable items and personalised goods are not exchangeable. Even sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery, are excluded.
If we decide to cancel a distance sale, we may be requested to cover the transport costs to return the unwanted goods to the seller. However, in this case, the online seller is obliged to inform us about these costs before we conclude the sale.
Since buying gifts may be quite time-consuming, it is advisable not to leave it for the last minute but allow time for some shopping around. If a problem crops up during our shopping and we are not sure of our legal rights, we may contact the Office for Consumer Affairs at the MCCAA for information and assistance.
Odette Vella is director, Information and Research Directorate, MCCAA
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