Q: I have a pottery studio and a client who bought a gift from my studio contacted me to exchange the item bought with something else. I would like to know if it is within the consumer’s right to request an exchange and whether he needs to submit the receipt when making such a request? Furthermore, is there a time limit by when an item bought can be exchanged?

A: Unless the gift is being returned because it is defective or not as agreed during the sale, consumer legislation does not give consumers the right to change their mind about the products purchased. In these situations, traders are free to apply any return policy they deem fit.

Before a sale is concluded, any applicable exchange policies are supposed to be communicated by the seller to the consumer. So if you did not inform the consumer during the sale that the product being purchased can be exchanged, you are not legally obliged to accept the consumer’s request to exchange the gift.

If, however, the gift was bought through a distance sale, then by law the consumer has 14 days to change his mind and cancel the sale. These 14 days start on the day the product comes into the consumer’s possession. This right, however, does not apply in case of personalised or custom-made items.

Want to submit your own query? Write to the MCCAA.