The excitement of receiving Christmas gifts can sometimes be dampened if some of the gifts are not to our liking, or even worse, turn out to be faulty. In such situations, it is essential to understand what our rights are and how to go about returning unwanted gifts in order to solve the problem smoothly and without undue stress.
Despite everyone’s good intentions when choosing gifts, it is very likely that this Christmas we may want to change a gift that we receive. It could be either that we outrightly dislike the gift, or it may be an item of clothing that does not fit us, or it is something we already have.
Should this happen, the first thing to keep in mind is that if there is nothing wrong with the product, the seller is not legally obliged to exchange the gift or issue a refund. If, however, we are given a gift receipt with the present, this gives us the right to return the gift and exchange it with something else. Our only responsibility is to observe the terms and conditions written on the gift receipt.
The first thing to check is the date by when unwanted gifts should be returned. We should also look out for other conditions, such as whether or not we need to keep the original packaging and the tags attached.
If we are not given a gift receipt or we accidentally throw it away with the wrapping, then if we still want to change the present, we have no other option but to request the original receipt from the person who bought us the gift. If we are too shy to do so, then we will have to check with the seller whether we can still exchange the unwanted gift even without the gift receipt. Whether the seller accepts our request is entirely at their discretion.
If there is nothing wrong with the product, the seller is not legally obliged to exchange the gift or issue a refund
We should also be aware that not all gifts can be exchanged. This is usually the case for made-to-measure or personalised goods, perishable items, and even items such as earrings, make-up and underwear, which for hygienic reasons are excluded from a company’s return policy.
There is also the possibility that we receive a gift that turns out to be faulty. In this case we have legal rights that must be adhered to by sellers.
The first thing to do is to get hold of the proof of purchase from the person who gave us the gift. Then we need to inform the seller about the faulty item and request a free remedy.
We may, for instance, request a free repair or replacement. If such solutions are not possible, then we can claim a part or full refund. In this case, if no agreement with the seller is reached, we may open a claim against the seller with the Office for Consumer Affairs at the MCCAA.
With regard to gifts bought online, if the sales transaction was made with an EU seller, then by law there is a 14-day withdrawal period. These 14 days start on the day the gift item is delivered to the purchaser. During this time, the buyer can choose to return the product purchased without the need to provide a reason.
However, in this case, we will still need to inform the person who gave us the gift that we would like to change it. Furthermore, if a refund is requested, it is the person who bought the gift who will be refunded. In fact, refunds would normally go to the original payment card and any exchanges would likely be delivered to the same address.
If the ‘sales’ have already started by the time we return our unwanted gift/s, we should keep in mind that sellers may offer us either the exchange value of the current reduced price or the original price paid.
Since return policies are voluntary, sellers are free to adopt the terms and conditions they deem fit. If, however, we are returning a faulty gift, which can neither be repaired nor replaced, then we are legally entitled to a full refund of the original price paid.
Understanding our consumer rights and responsibilities is crucial when dealing with unwanted or faulty gifts. In situations where sellers either refuse to honour pre-sale return policies or refuse to provide us with remedies we are legally entitled to, we may seek the assistance of the Office for Consumer Affairs at the MCCAA.