The festive season is approaching and we, as consumers, may have to face situations where it will come in handy to know how the law protects us when we have a problem with a product purchased.
No matter how well we know the person we are buying the gift for, there is always the possibility that the present we choose does not fit or the person receiving it does not like it. To make sure we do not waste our hard-earned money before concluding the purchase, we should remember that we do not have an automatic right to return non-faulty goods.
Hence, it is our responsibility to check with the seller if an exchange or return is possible. If it is, then we must ensure that we have proof of such a return policy. Return policies are usually displayed on receipts, on signs in-store or on the seller’s website.
When purchasing gifts, we should ask for gift receipts that have the terms and conditions of the return policy clearly written on them. This receipt should then be handed over to the person receiving the gift. It is also important to ensure that the time limit for returning unwanted gifts is extended to after Christmas. This is especially so if a shop has a standard return policy with a time limit of 14 days and we purchase the gift way before this period of time.
We should also have a look at the terms and conditions of the return policy. Do we need to present the gift receipt? Should we retain all original packaging? As buyers of the gifts, we should gather this information and then pass it on to the receiver of the gift.
There are, however, some products which, due to their nature and for hygiene reasons, are not exchangeable. In fact, items that come into close physical contact with the body, such as earrings, make-up and underwear, are often excluded from a shop’s return policies.
When buying gifts we should be aware that goods sold to us must be of satisfactory quality, as described, and fit for purpose. If they are not, the law gives us the right to claim a free remedy, such as repair or replacement. We may also request part or full refund when repair or replacement are not possible or may cause us a significant inconvenience. These rights cannot be diminished or taken away by shops that display ‘No refunds’ or ‘No exchanges’ signs.
When buying our gifts online, as consumers, we should keep in mind that when we buy from a Europe-based seller we do not only have the same legal rights should products result defective but we also have 14 days to change our mind, cancel the sale and request full money refund.
The only expense we may incur when returning unwanted goods to the online seller is that related to transport of the goods. However, we should be informed about this cost. If we are not informed, transport expenses should be paid by the seller.
Even with online shopping there are some restrictions on the right of return. For example, we cannot avail ourselves of the right of withdrawal when we purchase personalised or perishable products, such as flowers. Even sealed goods unsuitable for return due to health protection or hygiene reasons which were unsealed after delivery cannot be returned.
Buying gifts requires time and energy. Hence, we should not leave it to the last minute. To ensure we get the best value for our money, we should spend some time shopping around and compare products and prices. If we encounter any difficulties, we can contact the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority and enquire about our rights.
odette.vella@mccaa.org.mt
Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.