The time of giving and receiving Christmas gifts has finally arrived.

Unfortunately, not all the presents we get are what we really need or want. We may also have received gifts that are not working properly or have missing parts. What rights do consumers have in these two scenarios?

The unwanted gift

When a gift is simply unwanted or not to one’s liking, we do not have an automatic legal right to return it to the trader and ask for a replacement.

The law does not provide any remedies for goods that are working as they should and are as agreed upon during the sale.

However, luckily for us, most shops have a good will returns policy. These policies usually require that return items are not used, are still in their original packaging and usually also require the proof of purchase, such as in case of gifts, the gift receipt.

If the gift we receive is not functioning well or is damaged, we have specific legal rights

Hence, if we receive a gift that is not to our liking, we should look out for the gift receipt and read carefully the conditions to follow. If we don’t find such a receipt with the gift and would like to change it, we need to ask the person who gave us the gift where it was bought from and if there was a pre-sale agreement regarding exchange.

The faulty gift

If the gift we receive is not functioning well or is damaged, we have specific legal rights.

The seller is legally obliged to provide us with a free remedy. The faulty item must be repaired or replaced. If such solutions are not possible, then we may request a money refund. We are not obliged to accept a credit note in these circumstances.

Personalised gifts

We may encounter difficulties to return specific gifts, such as those that are personalised or made to measure.

Even body contact items, such as earrings or make-up, and clothing items like underwear are very often excluded from a shop’s return policies for hygiene reasons.

The online gift

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

European online sellers are legally obliged to grant a 14-day cooling-off period, during which consumers can return the goods bought without giving any reason.

We may, however, be requested to pay for postage for returning the unwanted goods back to the seller.

The latter is then obliged to refund us the money within 14 days of the order’s cancellation.

Online gifts that usually cannot be returned include unsealed CDs and DVDs, unsealed computer software, personalised gifts and perishables such as fresh food and flowers. Even contracts of accommodation, transport, catering or leisure services for a specific date cannot be cancelled.

odette.vella@mccaa.org.mt

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

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