Very often, the period between Christmas and the New Year is the time when we contemplate whether it is worthwhile or not to keep the Christmas gifts received, especially the ones that we are not so enthusiastic about.
While evaluating the possibility to exchange the gifts received we should bear in mind that shops are not legally obliged to accept returns unless they turn out faulty or are not in conformity with the contract of sale. Therefore, if the gifts do not fit us, or we simply do not like them, we have no automatic right to return them.
To actually have the right to exchange unwanted gifts there must be a pre-sale agreement with the seller that allows such exchange. In fact, most shops have returns policies that permit these kinds of exchanges. Some retailers even offer credit notes or cash refunds for unwanted gifts.
Since such return policies are optional and entirely at the discretion of the retailer, the terms and conditions on how exchanges can be carried out may vary significantly from one shop to another.
Most shops, for instance, impose time-limits by when a return may be carried out. Very often, we also find the condition that non-faulty products can only be returned if they are unused and in perfect condition with their undamaged original packaging.
There may also be additional restrictions with regard to made-to-measure or personalised goods or perishable items. Even items that come into close physical contact with the body, such as earrings, make-up and certain items of clothing, are very often excluded from a shop’s return policies for hygiene reasons.
Return policies very often also require presentation of the fiscal receipt or the gift receipt. Therefore it is important that we do not throw away the gift receipt given to us with the present unless we are 100 per cent sure that we do not want to exchange the gift. If we do not have the gift receipt we may need to ask the person who gave us the gift for the original receipt in order to be able to carry out the exchange.
If the present is faulty, not as described, or not fit for its purpose, then in such a situation it is our legal rights that apply and not the shop’s exchange policies. This is especially so if the shop’s policies provide less than what the law grants us.
In cases of non-conforming goods we consumers are entitled to either have the goods repaired or replaced, or failing that, part or full refund of the money paid. When money refund is the only possible solution, and we are instead offered a credit note, we should keep in mind that credit notes are in no way equivalent to cash because these usually carry terms and conditions that somewhat limit our consumer rights.
Moreover, once a credit note is accepted then we cannot change our mind.
Ms Vella is senior information officer, Consumer and Competition Department.