As the holiday season approaches, so does the excitement of giving and receiving gifts. While Christmas shopping can be fun, choosing the right gift for your loved ones is no easy feat.
No matter how well you think you know the person you are buying the gift for, there is always the risk of buying the wrong one. Hence the importance of knowing your consumer rights and responsibilities to ensure a merrier and stress-free shopping experience.
The first thing to check while shopping for Christmas gifts is the sellers’ return policy. This will avoid situations where unwanted gifts cannot be returned.
As a consumer, you need to keep in mind that the return of unwanted gifts is entirely up to the traders’ voluntary return policies. In other words, if a gift doesn’t meet its receiver’s expectations, traders are not legally obliged to accept it back and offer a remedy.
It is therefore important that before you buy gifts, you check with the seller if they can be exchanged. If the answer is yes, then you should ask for a gift receipt and information on how the unwanted gift can be returned. The gift receipt must be given to the person receiving your gift.
Ask for a gift receipt and information on how the unwanted gift can be returned
When buying gifts, remember that a shop’s return policy may not apply to all types of products sold. Some products cannot be exchanged due to their nature and/or for hygiene reasons. In fact, items such as earrings, make-up and underwear are often excluded from a shop’s return policy.
Personalised and perishable products also cannot be returned. So even if you may be familiar with a shop’s return policy, you should still double-check that the policy applies to the type of gift you are buying.
Another important thing to check is whether unwanted gifts can be exchanged during ‘sales’. If the seller confirms that this is possible, then you should ask what value is considered. Is it the original price paid or the reduced price? Since consumer legislation does not give consumers the right to exchange unwanted goods, shops can adopt any return conditions they deem fit.
If you decide to buy some gifts online, don’t forget that you have additional rights. For instance, you have 14 days to change your mind about the purchase made, cancel the sale and claim a full refund of the money paid. You do not need to give a reason for your decision and you must not incur additional charges. These rights apply to any purchases done online from sellers who operate from an EU member state. The 14-day withdrawal period starts on the day consumers take possession of the purchased goods. If this period elapses before the gift reaches the person for whom it is intended, then the gift cannot be returned unless the seller allows to extend the withdrawal period.
Furthermore, when returning unwanted products during the withdrawal period, the seller may ask the person returning the gift to pay for the transport of the goods back to the seller. However, the online seller is legally obliged to inform the person buying the gift about this cost. If not, then it is the seller who is liable to cover the transport costs.
Even in online shopping, there are some restrictions on the right of return. For instance, the right of withdrawal cannot be availed of if the product concerned is personalised or perishable, such as fresh food or flowers. Even sealed goods that are unsealed after delivery cannot be returned due to health protection or hygiene reasons. When buying goods online, it is also very important to check the delivery date to make sure that the gifts arrive in time for Christmas.
If some of the gifts you buy turn out to be defective, do not forget that you are protected by legal rights in such situations. Goods purchased must be supplied as described and promised by the seller before the contract of sale is concluded.
When this is not the case, you can ask the seller to provide you with a free remedy which can either be a repair or a replacement of the defective product. If neither of these two remedies is possible, or if opted for may cause you a significant inconvenience, then you may ask for a part or full refund of the money paid.
Christmas shopping is fun but also quite time-consuming. So it is advisable not to leave it for the last minute but allow time to shop around for the best deals.
Furthermore, consumers should always keep themselves informed about their rights and responsibilities to ensure a stress-free shopping experience. When in doubt, you can ask about your rights by contacting the MCCAA’s Office for Consumer Affairs for information and assistance.