The festive season is round the corner. Now is the time to start shopping around and buying gifts for family and friends.
Shopping for gifts can be quite time-consuming and also involves an element of risk. Buying the right gifts is definitely not an easy task. Tastes may vary significantly from one person to another and we may end up either buying the wrong gift, or in the case of clothing, the wrong size.
To avoid buying gifts that might turn out to be unsuitable it is important that we take a number of precautions.
We should, first of all, ensure that the gifts we are buying can be returned and exchanged. Before buying, we should ask the salesperson what the shop’s return policies are. We must verify whether the product we intend to buy can be returned, and if this is possible, ask what possible solutions the shop offers.
Since exchange policies are voluntary, these may vary significantly from one shop to another. Most retailers offer the possibility to exchange unwanted items for something of equal value or a credit note may be given to use within a specified period of time. There are retailers who offer even more, such as a cash refund for unwanted gifts.
We should also check about any terms and conditions attached to these returns policies. For instance, does the receiver of the gift need to present the fiscal receipt or the gift receipt given upon purchase to be able to exchange the gift?
By when should the unwanted gift be returned? Some shops also request that non-faulty goods can only be returned if they are unused and in perfect condition in their original undamaged packaging. We should not only be aware of all this but must pass on this information to whoever we give the gift.
There are some products that are not exchangeable and where the shops’ returns policies do not apply. We might, for instance, not be able to return an item if it was made-to-measure or personalised, or if it is a perishable product.
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 returns policies for hygienic reasons. All this should be double checked before purchasing the gift.
It is necessary to ensure that gifts can be returned as legally we are not entitled to a remedy. Consumer law protects us only when the product purchased has a defect or is not in conformity with the contract of sale.
With regard to goods bought over the internet, the Distance Selling Regulations provide consumers with an added protection. Legally, we have a cooling-off period during which we can return purchased goods without the need to give a reason and without incurring penalties.
This period cannot be less than seven days if the product was purchased from an EU member state, and in the case of Malta it is 15 days. The cooling-off period starts from the day the goods are received by the buyer.
If this period elapses before the gift is given, then it can become quite difficult to exchange the unwanted gift unless the company has a returns policy that allows for exchanges even after the cooling-off period expires.
When buying online, we should also bear in mind that unless the goods are damaged or not in conformity with the contract of sale, we are usually requested to pay for postage back to the seller.
This is also the case if we are still within the cooling-off period timeframe.
customer@timesofmalta.com
odette.vella@gov.mt
Ms Vella is senior information officer, Office for Consumer Affairs, Malta Competition and Consumer Affairs Authority.