It is once again that time of the year when we start thinking what Christmas presents to buy and for whom.
We all want the money spent on gifts to be well spent and the receivers of our gifts to like and use what we buy for them. Despite all the precautions we take and the thought we give when buying a gift, there is always the risk that we make a wrong buying decision or that the goods bought may be defective.
Hence, it is crucial that before we start shopping, we remember what our rights and obligations are.
First of all, we should be aware that the goods we buy must be as agreed to during the contract of sale and be fit for the purpose they are intended to be used. If they are not, we can complain with the seller and ask for repair or replacement. We may claim our money back when repair or replacement are not possible or may cause us a significant inconvenience.
These legal rights apply when there is something wrong with the goods purchased. If, on the other hand, the goods are in perfect condition and are exactly as agreed with the seller, we will need to rely on the latter’s return policies if we need to return unwanted presents.
Many stores will offer generous return policies but these may differ from one shop to another. So, before buying gifts, we should check whether refunds, exchanges or credit notes are available.
We must also check by when the receivers of the gifts may return or exchange the unwanted items.
To encourage shoppers to buy gifts early, some shops offer extended return policies for Christmas gifts. We should, therefore, make sure that gifts can be exchanged after Christmas.
When buying gifts we must also ask for a gift receipt. The main purpose of gift receipts is to allow the recipient of the gift to return the goods or make a claim against the trader is something goes wrong.
If we are planning to buy gifts online, we should know that, legally, we are more protected. The law gives us at least seven days from the day we receive the ordered goods to return them to the seller if we decide that we do not want them anymore.
At the same time, if we decide to exercise this right, we may be asked to cover the costs of returning the unwanted item back to the seller. However, the cooling-off period does not apply to personalised goods, perishable goods or to CDs/DVDs when the security seals are broken.
If we decide to go for online shopping, we should hurry up and keep in mind that there may be some postal delays. Hence, we should double check with the online sellers that the gifts will arrive in time for Christmas and also make sure that the delivery date is clearly written on the contract of sale.
If no delivery date is agreed on, online goods must arrive within 30 days from date of order. If not, we have the legal right to cancel the order and claim a full refund.
Should consumers face any problems during their Christmas shopping, they can get in touch with the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority and ask about their legal rights. They can also file a complaint against the trader to ensure that they get what they are legally entitled to.
odette.vella@mccaa.org.mt
Ms Odette Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.