On Christmas Day, most of us would have given and received gifts during celebrations with our families and loved ones. While we have undoubtedly received many lovely gifts, it is likely we also received a gift or two that we don’t really like. There is also the possibility that a gift may turn out to be faulty. What are our legal rights in these two situations?
If we received a gift we simply do not like, the first thing to do is to look for the gift receipt. If we have it, then all we need to do is follow the conditions of return written on it. We should first look for the date by when we must return the unwanted gift. We should also look out for conditions regarding how to return the product, such as keeping the original packaging and the tags attached.
Unfortunately, certain types of products are usually non-exchangeable. These include made-to-measure or personalised goods. Even items that come into close physical contact with the body, such as earrings, make-up and underwear, are very often excluded from a shop’s return policy for hygiene reasons.
If we are not given a gift receipt, then in order to be able to exchange the gift we will need to ask the person who gave us the gift for the original receipt. However, in this case, our right to return and exchange the unwanted gift depends on the shop’s return policy and whether we are still within the shop’s time frame to exchange the gift.
If our gift is faulty, consumers have specific legal rights that sellers’ return policies cannot diminish- Odette Vella
If we do not have the receipt but we know from where the gift was bought, we may also try and speak to the seller and ask if it is possible to change the product without the receipt. In such situation, we should always remember that any possible solution the seller may offer us is entirely voluntary.
It is also possible that our gift is faulty. In this case, consumers have specific legal rights that sellers’ return policies cannot diminish. Where goods turn out to be faulty, or not in conformity with the contract of sale, we may request to have the goods repaired or replaced free of charge. If such solutions are not possible, then we can claim part or full refund.
Should we be offered a credit note, it is not in our best interest to accept it. A credit note is not the equivalent of cash. Moreover, once a credit note is accepted, we cannot exchange it for cash.
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. During this time, the buyer can choose to return the product purchased without the need to give 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, while for such purchases the law entitles the buyer to claim a full refund of the money paid, the cost of returning the unwanted item may have to be paid by the seller. This rule applies as long as the seller had informed the buyer about these costs before the sale was concluded.
Should we find ourselves in situations where the seller either refuses to honour an agreed pre-sale return policy or refuses to provide us with the remedies we are legally entitled to, then we may contact the Office for Consumer Affairs at the MCCAA for information about our rights and assistance.