If you have not yet started your Christmas shopping, there isn’t much time left to try to get the best market deals.

When you buy gifts, you must be extra cautious and make sure that unwanted gifts can be returned

Shopping for Christmas gifts can be quite stressful, and if you make a wrong buying decision, you may end up wasting hard-earned money on an unwanted gift, and if the right precautions are not taken, the gift may not be returnable.

When buying gifts, you should always remember that shops are not legally obliged to exchange or refund a gift unless: (a) it is faulty when bought; (b) it is not as described; or (c) it is unfit for its purpose. So if the gift bought is unwanted because it does not fit properly, or simply because the receiver of the gift does not like it, legally you cannot return it.

Luckily for consumers, most retailers go beyond their legal duty and have established return policies that offer consumers the possibility to exchange unwanted gifts with other products. Some retailers also offer credit notes that may be used on future stocks, or even give a money refund, as long as the unwanted gift is returned within a specific time.

When you buy gifts, you must be extra cautious and make sure that unwanted gifts can be returned. You should also know what terms and conditions apply when a gift is returned.

Usually, there is a time by when exchanges are accepted. Hence, those who prefer buying Christmas gifts weeks before Christmas should make sure that this time does not expire before they give the gifts.

Usually, one of the terms and conditions of exchange policies requires that the proof of purchase or gift receipt is presented with the unwanted gift. When this is the case, you should make sure you ask for the gift receipt, so you can pass it on to the receiver of the gift.

You should also pass on all the relevant information related to the exchange of gifts, such as that goods can only be returned if unused and in perfect condition. Ideally, the right of return, relevant deadlines and other conditions should be clearly written on the gift receipt.

When buying gifts, you should remember there are certain types of products that are not exchangeable. Usually, shops do not allow returns when the item purchased is made-to-measure or personalised.

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 policies.

If you decide to buy your Christmas gifts online, you have additional protection alongside anything the retailer offers. The Distance Selling Regulations give you the right to change your mind.

When you buy from a trader who operates from an EU member state, you have at least seven working days from the date the item is delivered to cancel the order and return the item to the seller, even if it is simply because you do not like it.

If the trader operates from Malta, the cooling-off period is 15 days. If you cancel the sale, the retailer should send you the refund within 30 days of cancelling the order.

However, you should remember that if the cooling-off period expires before you give the gift, then the right to exchange is lost, unless the online seller has return policies allowing the exchange even after the cooling-off period expires.

The right of cancellation does not apply to all goods. For instance, perishable items and personalised goods are not exchangeable. Other items that cannot be exchanged are custom-made goods or audio-visual recordings or computer software that have been opened.

Should you buy gifts that are faulty, or are not in conformity with the contract of sale, the law gives you the right to return them to the shop and ask for a free solution.

The possible remedies are either repair or replacement. If neither solution is possible, you may ask for a money refund.

If problems crop up and you are not sure if the law protects you, check what your legal rights are by calling the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority on 2395 2000 or by e-mailing fair.trading@mccaa.org.mt.

odette.vella@gov.mt

info@mccaa@gov.mt

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