Unwanted presents, faulty gifts

This is the time to give out presents and to open the ones we receive. Hopefully, all gifts are to our liking and we want to keep them.

We should not take anything for granted and always check what return policies a shop offers before expecting solutions- Odette Vella

But, what if we are given gifts we either do not like or are faulty? What should we do? What are our consumer rights?

With gifts we simply do not like, we should first check if there is a receipt attached. If this is the case, we should not find any difficulty when it comes to exchanging the unwanted gift.

We just need to follow the terms and conditions written on the gift receipt. Most important of all, we should look out for the time-limit by when gifts can be returned or exchanged, and obviously observe this date.

We should keep in mind that the sales season will shortly kick off and most retail outlets want to avoid having customers returning Christmas gifts during this time.

If we are not given a gift receipt with the unwanted gift, we will need to speak to the person who gave us the gift, asking where it was purchased and what return policies the shop has.

We should always remember that, legally, retailers are not obliged to solve our problem if we want to change an item because we either do not like it or need it. Hence, we should not take anything for granted and always check what return policies a shop offers before expecting solutions.

Return policies may vary greatly from one shop to another and are usually displayed on receipts or on signs inside the shop. Many retailers will happily refund or exchange gifts without question, especially if it is very clear that the item was bought from them. In some cases, though, if we want to secretly return a gift without telling the person who gave it to us, we may find this hard to do without a gift receipt.

We may also encounter difficulties when returning specific gifts, such as those that are personalised or made to measure. Even body items, such as earrings, make-up and certain items of clothing are very often excluded from a shop’s return policies for hygiene reasons.

To avoid unpleasant surprises, whoever buys the gift should always first check the shop’s return policies.

If we want to return a gift because it is faulty, and not because we do not like it, we should know we are entitled to specific legal rights and that a shop’s return policies have no impact on these rights.

Legally, we have a right to request a remedy when the goods purchased, or received as gifts, are either not in conformity with the contract of sale or are not fit for their purpose.

When this is the case, we are entitled to three possible remedies: repair, replacement or refund.

When repair is opted for, it should be carried out within a reasonable period of time and without causing any significant inconvenience to the customer.

Repair should restore the defective product to a satisfactory condition. If this is not the case, we are entitled to replacement.

When replacement is not possible and the retailer offers us a credit note, this should not be accepted.

In such a situation, we are entitled to ask for a cash refund. In fact, if a shop puts up a sign informing customers it only offers credit notes, even in the case of faulty goods, it is doing so illegally.

A credit note is by no means equivalent to a cash refund because it carries with it terms and conditions that some-what limit consumer rights.

Moreover, once a credit note is accepted, we cannot change our mind and ask to exchange it for cash.

In cases of gifts purchased online, we are not only covered by the same laws that protect us when we physically shop from the high street, but we are entitled to more legal rights.

Online retailers are legally obliged to grant a cooling-off period, during which we can return goods without giving any reason. This period of time, which cannot be less than seven days if the product was purchased from an EU member state, starts from the day the goods are received by the buyer.

We may, however, be reques­ted to pay postage for returning unwanted goods to the seller. The retailer is then obliged to return the money within 30 days of the order’s cancellation.

customer@timesofmalta.com

odette.vella@gov.mt

Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.