The joy of receiving Christmas gifts can sometimes be ruined when a gift turns out to be unsuitable or faulty. Knowing your consumer rights and responsibilities when dealing with such situations can help you resolve the problem satisfactorily without unnecessary stress.
Despite the thought and effort one might have put in choosing the perfect gift, you may still not like the gift received. It may be something you already own, a piece of clothing that does not fit, or something you do not really need. Should this happen, remember that even if the gift is in perfect condition and has no defect, sellers are not legally required to offer you a refund or exchange it.
However, if the person who gave you the gift provides you with a gift receipt, this entitles you to return the item as long as you observe the conditions stated on the receipt. On the gift receipt you will most likely find a date by when you can return the unwanted item.
Other conditions may include how the unwanted item needs to be returned, such as in its original packaging with tags still attached.
If a gift receipt is missing or has been misplaced, the only alternative is to ask the giver of the gift for the original receipt. If that is not an option, you can try speaking to the seller to see if they will accept the return without the proof of purchase. Keep in mind that this is entirely at the seller’s discretion.
Depending on the nature of the fault or non-conformity, you are entitled to, in the first instance, have the product repaired or replaced free of charge
The above conditions apply unless the gifts were bought online from EU-based sellers. In this case, consumers benefit from a 14-day withdrawal period. This time-limit begins on the day the item is delivered to the buyer. During this time, the buyer can return the product without providing a reason. However, it is important to note that in this case any exchanges or refunds will typically be processed through the buyer’s payment method and address, and not those of the recipient of the gift.
Some types of gifts, whether bought online or in-store, may not be eligible for return. These typically include personalised or custom-made items, perishable goods and hygiene-sensitive items, such as make-up, earrings or underwear.
You may also receive gifts that turn out to be faulty, do not match their description or are unsuitable for their intended purpose. In such cases, your legal consumer rights come into play. To exercise these rights, you will need to obtain proof of purchase from the person who gave you the gift and then notify the seller about the issue.
Depending on the nature of the fault or non-conformity, you are entitled to, in the first instance, have the product repaired or replaced free of charge. If the item cannot be repaired or replaced, or these remedies cannot be carried out without causing you a significant inconvenience, you may claim a partial or full refund. If the seller denies your request for a remedy, you have the possibility to escalate your complaint by submitting a formal complaint to the Office for Consumer Affairs at the MCCAA.
Many sellers begin their sales promotions immediately after Christmas, which means you might find yourself returning an unwanted gift during a sales period. In such cases, it is important to understand that sellers may only offer an exchange or credit note based on the current sales price, rather than the original price paid for the item. This policy typically applies unless the terms and conditions of the gift receipt state otherwise.
However, the rules are different for faulty items. If a gift is defective and cannot be repaired or replaced, you are legally entitled to receive a full refund of the original purchase price, regardless of any sales or discounts in effect at the time of return.
If you have an issue with an unwanted or faulty gift, and the seller is either not honouring their own return policy or is refusing to provide you with your legal rights, you can seek assistance from the Office for Consumer Affairs at the MCCAA.
By being aware of your rights and responsibilities, you can address situations of unwanted or faulty Christmas gifts with confidence, ensuring a smooth and hassle-free resolution.
Odette Vella is director, Information and Research Directorate, MCCAA.