With Christmas fast approaching, the rush to find the perfect gifts is on. However, choosing presents is not easy, and even with the best intentions, consumers may end up choosing the wrong ones. To ensure a smooth shopping experience, consumers are advised to keep in mind the following tips.

Check the seller’s return policy

The truth is, not all gifts will be well-received. They may be the wrong size, colour or simply not to the recipient’s taste. To allow for returns and exchanges, consumers should always check the seller’s return policy before purchasing. The key questions to ask should include the following: Is the receipt required to exchange the unwanted gift? By when should unwanted gifts be returned? Must items be in their original packaging?

Ideally, buyers should gather this information and also ensure it is written down on the gift receipt. It is also the buyer’s responsibility to pass on this information along with the gift to simplify the process of returning or exchanging the item, if necessary.

Some products can’t be exchanged

When buying gifts, consumers should bear in mind that a shop’s return policy may not cover all product types. Certain items, due to their nature or hygiene considerations, are typically non-exchangeable. For example, earrings, make-up, and underwear are often excluded from return policies. Therefore, even in situations where consumers are familiar with a shop’s return policy, consumers are advised to confirm that it applies to the specific type of gift they are purchasing.

Request a gift receipt

Consumers should always ask for a gift receipt and include it with the present. This document provides proof of purchase and ensures the recipient can return or exchange the item, if necessary.

Retailers are free to set their own return policies and conditions

What if the gift is faulty?

Consumers are legally entitled to request a free remedy from sellers if the gifts they buy are damaged or not fit for their intended purpose. Furthermore, goods must be supplied as described and promised by the seller before the sales contract is concluded. If this obligation is not met, consumers can demand a free remedy, such as the repair or replacement of the defective product. If neither of these remedies is feasible or if they would cause significant inconvenience, consumers have the right to request partial or full refund of the amount paid.

Gifts bought online

When buying gifts online, don’t forget to account for potential postal delays during the busy Christmas period. Confirm with the online seller that the items will arrive in time for Christmas and ensure the agreed delivery date is clearly stated in the sales contract. If no delivery date is specified, the law requires that online orders must be delivered within 30 days of purchase. If this timeframe is not met, consumers have the legal right to cancel the order and request a full refund.

Online shopping also grants additional rights, such as a 14-day withdrawal period. During this time, consumers can return goods without providing a reason or incurring extra charges. The 14-day window begins on the day the purchased items are delivered. If this period expires before the gift is given, consumers may not be able to return it unless the seller voluntarily extends the return period.

Additionally, consumers should be aware that they may need to cover the cost of returning unwanted items. However, the seller is required to inform buyers about these return costs before the purchase is concluded.

Returning gifts during sales

Consumers should also verify whether unwanted gifts can be exchanged during sales periods. If the seller allows this, consumers are advised to clarify whether the exchange will be based on the original purchase price or the discounted sale price.

Since consumer law does not grant a right to exchange unwanted goods, retailers are free to set their own return policies and conditions.

Buying gifts requires time and effort, so it is important not to leave it until the last minute. To ensure the best value for their money, shoppers should take the time to compare products and prices from various stores. This approach helps them make informed decisions and get the best value for their money.

It is also important for consumers to remember that if issues arise and the seller fails to address their concerns satisfactorily, they can seek assistance from the Office for Consumer Affairs at the MCCAA.

 

Odette Vella is director, Information and Research Directorate, MCCAA.

www.mccaa.org.mt

odette.vella@mccaa.org.mt

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