If we have not yet started, it is time to start making gift lists for our loved ones. Purchasing gifts is no easy task and definitely involves an element of risk. When choosing gifts we cannot be completely sure that what we choose will be liked by the person receiving it. To avoid purchasing unwanted gifts, we must be aware of our responsibilities and also take a number of precautions.

Firstly, we should be aware that unless purchased goods turn out to be defective the law does not give us the right to return them. This means that if we want the receivers of our gifts to be able to exchange them, we need to check with the seller whether he willingly adopts return policies.

If yes, then it is important that we have proof of the promised return policy. The terms and conditions of these policies are usually displayed on receipts, on signs in-store and on the seller’s website. Since it is the receiver of the gift who may need to return the purchased gift, it is our responsibility to pass on the information of the return policy.

To ensure the possibility of exchange, we should ask for gift receipts, which we should then present with the gift. An important condition we should look out for is the date by when unwanted gifts may be returned. This should not expire prior to Christmas and is ideally extended to a few days after the festivities.

We should also ask what happens to the value of the gift if it is returned during the sales period. While some shops still give the full value upon presentation of receipt, others give the discounted value. The law does not regulate such policies as long as the returned good is not defective. If it is defective and cannot be repaired or replaced, then consumers are entitled to a full refund of the money paid.

We also need to be aware that certain types of products are not exchangeable, such as personalised products. Even items that come into physical contact with the body, such as earrings, make-up and other items of clothing are normally excluded from a shop’s return policies for hygiene reasons. In such cases, sellers need to properly inform customers about the non-exchangeable goods before processing the sale. By doing so they would avoid unnecessary complaints that may tarnish a company’s good reputation.

Should we decide to buy our gifts online, we must remember that we have additional rights. During the 14-day withdrawal period we can return purchased goods without giving any reason and without incurring charges.

These 14 days start to apply on the day the goods are physically received by the buyer. If this period of time elapses before we give the gift, then unless the seller willingly extends the return period, we won’t be able to return the purchased good. When buying online we should also bear in mind that if we decide to return the goods – if these are not defective or not in conformity with the contract of sale ­– then we may have to pay for the transport of the goods back to the seller. However, the online trader is obliged to inform us about these costs before we conclude the sale.

Purchasing gifts necessitates time and energy. It is therefore advisable not to leave it to the last minute. Should we encounter any difficulties during our Christmas shopping we can contact the Malta Competition and Consumer Affairs Authority and enquire about our rights.

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

odette.vella@mccaa.org.mt

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