Every special occasion is a good excuse to give our loved ones a gift or to receive one.

Despite the fact that most of us put a lot of thought and energy in trying to choose the right gift, sometimes this is not enough. Tastes may vary significantly from one individual to another and it is therefore very difficult to choose the perfect present.

There is, in fact, a high probability that some of the gifts we receive are items we either do not want or are not suitable for our needs.

When we receive a gift which we either do not want or need, the first thing that usually comes to mind is to return it to the shop and exchange it. However, this may be something easier said than done.

What we often do not realise is that, legally, retailers are not obliged to accommodate us if we want to change a gift because we either do not like it or do not need it.

The good news is that most retail outlets choose to provide a ‘goodwill’ returns policy, offering an exchange or a credit note for unwanted gifts. Some even offer cash refunds for unwanted gifts. And all this is done purely out of goodwill.

Hence, before asking the shop for a solution, it would be wiser to first check what returns policies the shop offers. These can be as reasonable or as rigid as the retailer prefers and are usually displayed on receipts or on signs inside the shop.

We can also call the shop and ask whether it is possible to exchange goods and how such exchange should be carried out. Most shops impose time-limits which should be strictly observed.

Furthermore, shops usually request that non-faulty goods can only be returned if unused and are in perfect condition with their undamaged original packaging.

Return policies very often also require presentation of the fiscal receipt or gift receipt. Therefore, it is important we do not throw away our gift receipt unless we are sure we do not want to exchange the gift.

If we do not have the gift receipt, we may need to ask the person who gave us the gift for the original receipt to be able to carry out the exchange.

We might 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 or lingerie are very often excluded from a shop’s returns policy for hygiene reasons.

To avoid any unpleasant surprises, whoever buys the gift should always check the shop’s returns policy first.

Shops are legally obliged to provide a remedy when they sell goods that are not fit for their purpose because, for instance, they do not do what they should do, or are not as described.

If this is the case, we are entitled to three possible remedies: repair, replacement or refund. When repair is opted for, it should be carried out within a reasonable period of time and without causing us significant inconvenience.

Any repair should restore the defective product to a satisfactory condition. If this does not happen, we are entitled to ask for a replacement. When this is not possible and the retailer offers us a credit note, this should not be accepted.

A credit note is in no way equivalent to a cash refund because it carries with it terms and conditions that somewhat limit our consumer rights. Moreover, once a credit note is accepted, we cannot change our mind.

If the shop has notices claiming that no exchanges are possible or that no refunds can be given, in case of damaged or non-conforming goods, these notices should be ignored.

Shops have no authority to implement these kind of policies. No-return policies can only be applied to change-of-mind situations and thus cannot take away our statutory rights. In case of gifts purchased online, we should keep in mind that we have more legal rights. E-retailers are obliged to grant a cooling-off period during which we can return gifts without giving any reason.

However, this period, which cannot be less than seven days if the product was purchased from an EU member state, starts from the day the goods are received by the buyer.

If this period elapses before we are given the gift, it can then become quite difficult to exchange the unwanted gift. Even if we are within this time-limit, we may still have to pay for postage ourselves.

The law grants this charge and hence it can only be waived by the retailer. Some retailers may also decide to extend the cooling-off period. Such policies can only be verified by checking the terms and conditions on the seller’s website.

customer@timesofmalta.com

odette.vella@gov.mt

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