Q: I received a Christmas gift I would like to change. Unfortunately, I misplaced the gift receipt and cannot find it. I went to the shop and, even though the seller confirmed that the gift was bought there for €20, he refused to exchange it because I did not have the receipt.

Furthermore, I was informed that if I found the gift receipt and returned the gift by the time the sales started, I would only be entitled to the sale price and not the full cost. Is this correct?

A: The Consumer Affairs Act does not give consumers the right to exchange a product if it conforms to the contract of sale and is not defective. Hence, sellers are free to apply their own policies with any applicable terms and conditions.

Therefore, if this particular shop is refusing to exchange the item without the gift receipt, the law is not being broken. At this point, the best way forward is to speak to the person who gave you the gift and ask them if they still have the original receipt to use it to exchange the gift.

With regards to money you are entitled to if you exchange the gift during the sales period, different shops adopt different policies. Most shops adopt the policy you have mentioned.

In such situations, one should remember that where a 50 per cent discount applies, a €10 object, for example, cost €20 prior to the sale.

Therefore, exchanging a €20 originally priced object with a €10 object on sale does not mean that the consumer is getting less or losing money.

Furthermore, since such exchanges are not regulated by the Consumer Affairs Act, traders are free to apply their own policies.