Buying gifts is not an easy task. It requires a lot of thought and there is always the risk that the person receiving the gift may not like it.
When the gift chosen is clothing, there is a high possibility that we buy the wrong size or the fit looks different than what we had imagined. Thus, to minimise the risk of wasting our money on an inappropriate object, it is necessary to take a number of precautions that ensure the possibility of exchange or refund.
The first precaution is to ask about the shops returns policies before buying anything. Before handing over money, we should ask the sales assistant whether the product we intend to buy can be returned and, if yes, what are the possible solutions offered by the shop.
This is important because, legally, retailers are not obliged to offer a remedy when the person who received an item as a gift did not like it or did not need it.
Consumer law protects us and gives us the right to request a remedy only when the product purchased has a latent defect and/or is not in conformity with the contract of sale. However, as we all know from our shopping experiences, most retailers do accept goods back and, in fact, most retailers have specific returns policies for unwanted goods or situations where customers change their mind.
However, since these policies are set up voluntarily by traders, they can change significantly from one shop to another. Most retailers offer the possibility to exchange an item for something of equal value or a credit note that could be used during a specified period of time.
Some retailers give us even more; they offer cash refunds for unwanted goods or, in this case, ‘gifts’. We should therefore check what returns policies the shop has before buying anything we are not completely convinced about.
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 undamaged original packaging. We should not only be aware of all this but must pass on this information to the person who receives the gift.
There are some products that are not exchangeable, on which 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 are physically worn and touch the body, such as earrings, make-up and other clothing items, are often excluded from a shop’s returns policies for hygienic reasons.
In case of gifts purchased online, we should keep in mind that we have specific legal rights. Regardless of whether or not e-retailers have returns policies, they are legally obliged to grant a cooling-off period, during which consumers can return purchased goods without giving any reason and without incurring any penalties.
This period of time cannot be less than seven days if the product was purchased from an EU member state, and in Malta’s case, it is 15 days. The cooling-off period starts from the day the goods are received by the buyer. If this period elapses before we give the gift, it can become quite difficult to exchange the unwanted gift, unless the company has returns policies that allow exchanges even after the cooling-off period expires.
When buying online, we should also bear in mind that unless the goods are damaged or are not in conformity with the contract of sale, it is usually requested that we pay for postage to seller. This is also the case if we are still within the cooling-off timeframe.
customer@timesofmalta.com
odette.vella@gov.mt
Ms Vella is senior information officer, Consumer and Competition Department.