Christmas is a time for giving and receiving gifts. We usually put a lot of thought into choosing gifts but sometimes the wrong choice is made and we do not always know what we need to do with the unwanted gift.

Most of us take it for granted that we can return an item to a shop as long as it has not been used and that we do so within a reasonable period of time. We are also aware that we need the proof of purchase to effect an exchange, but that is basically it.

What most of us are not aware of is that the law does not oblige shops to accept back sold goods unless they are faulty, not as described or not fit for purpose.

However, fortunately for us consumers, most retailers do have a return policy that usually provides us with a satisfactory solution. Our only responsibility is to adhere to the terms and conditions of these return policies.

Hence, if we receive a gift we do not like, the first thing to do is look for the gift receipt. This piece of paper not only allows us to change the gift we do not want, but on it there is usually also written how and by when the gift should be returned.

If we were not provided with such a receipt with the gift, then we will need to speak to the person who gave us the gift and ask for the original receipt or some other proof of purchase.

If we feel uncomfortable doing so and we know from where the gift was purchased, we can try to speak to the seller and ask if we can change the gift even without the receipt.

We may encounter some difficulties to return specific gifts such as personalised or made-to-measure items. Even items that come into close physical contact with the body, such as earrings, make-up and certain items of clothing, are very often excluded from a shop’s return policies for hygiene reasons. Most shops also impose the condition that unwanted products can only be returned if they are unused and in perfect condition with their undamaged original packaging.

If we want to return a gift because it is faulty and not because we don’t like it, we should be aware that we have specific legal rights and that return policies cannot negatively affect these rights. When this is the case, we are entitled to three possible remedies: repair, replacement or refund.

If the sales season has already kicked in when we go to the shop to exchange unwanted gifts, there is the possibility we are offered the exchange value or a credit note of the current price.

However, there are shops which still give a customer the full value of the product when exchanging it during the sales.

odette.vella@mccaa.org.mt

Odette Vella is director, Information, Education and Research Directorate, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.

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