During the festive season, we enjoy exchanging gifts with our loved ones. While undoubtedly most of the gifts received are appreciated and treasured, we may receive a gift or two that we would like to change.
We may also receive a gift that we realise is damaged or defective only once we open or start using it. What are our consumer rights in these situations and how can we make sure we do not diminish or lose these rights?
While unwrapping our Christmas gifts, we should look out for the gift receipt. This receipt is the proof of purchase, and should we decide to change the gift, this receipt will allow us to do so without problems, and also without the need to tell the person who gave us the gift that we changed it.
All we need to do is follow the terms and conditions of return written on the receipt. These conditions usually include a date by when the unwanted goods must be returned. There may also be warnings not to remove the product’s labels and packaging.
If we are not given a gift receipt with our gifts, then we can either simply keep the gift or we can speak to the person who gave us the present and ask them whether they had made any pre-sale arrangements with the seller concerning possible returns.
If we are not shy to ask for the original receipt, we can also check if we could use it to exchange the gift. Alternatively, if we know from where the gift was bought, we can also try and speak to the seller and ask if it is possible to exchange the gift without the receipt.
Whether the seller accepts our request is entirely voluntary as consumer law does not give us the right to change a product unless it is defective or not in conformity with the contract of sale.
While unwrapping our Christmas gifts look out for the gift receipt- Odette Vella
We should also be aware that not all types of gifts can be returned and exchanged. This is usually the case for made-to-measure or personalised goods, perishable items, and even items such as earrings, make-up and underwear, which for hygienic reasons are excluded from the seller’s return policy.
Should we, however, receive a faulty gift, then as consumers we have specific rights, and the shops’ return policies cannot negatively affect these rights. In such situations, we may ask to have the faulty gift repaired or replaced free of charge. If such solutions are not possible, then we can claim part or full refund.
To exercise these rights, we need to submit a claim to the seller and support it with the proof of purchase. If we have neither the gift receipt nor the original receipt as proof, then we risk losing our legal right to claim a free remedy from the seller.
Some gifts we receive may have been purchased online. If these gifts were bought from an EU seller, then by law any unwanted goods can be returned within 14 days from the date of delivery and a full refund of the money paid claimed.
However, in this case, we would still need to inform the person who gave us the gift that we would like to return it and also to check if the cooling-off period has expired. If it has not, then our legal rights depend on any pre-sale agreement the buyer of the gifts made with the online seller.
Furthermore, we should be aware that when consumers return goods bought online during the 14-day cooling-off period, sellers may ask them to pay the cost of returning the unwanted item.
However, sellers must inform consumers about this cost before the contract of sale is concluded. Hence, returning gifts purchased online during the cooling-off period may result in additional costs for the giver of the gift.
If the ‘sales’ have already started by the time we return our unwanted gift/s, we should keep in mind that sellers may offer us either the exchange value of the current sale price or the original price paid.
Since return policies are voluntary, sellers are free to adopt the terms and conditions they deem fit. If, however, we are returning a faulty gift, which can neither be repaired nor replaced, then we are legally entitled to a full refund of the original price paid.
In situations where sellers either refuse to honour pre-sale return policies or refuse to provide us with the legal remedies we are entitled to, we may contact the Office for Consumer Affairs for guidance and assistance.