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Giving and receiving presents is part of most families’ Christmas celebrations – but everyone’s received a gift at some point which just isn’t for them.
Whether it’s something that doesn’t fit or something you already have, the good news is that most high street chains have return policies that go above and beyond what the law demands, especially at Christmas. But don’t forget if there’s nothing wrong with the unwanted present, a refund or exchange is purely a goodwill gesture by the retailer and not a right.
If, on the other hand, you bought or received a gift that turned out to be broken, you need to know your rights for a return before heading off to the shops on online.
Read more: Your rights if your Christmas parcels have not arrived in time
The rules for returns differ depending on whether the unwanted gift was bought online or in a shop, but your absolute rights as set out in the law are:
- If an item’s faulty, the buyer can get a refund whether bought in-store or online.
- If bought online, by phone or mail order, most items can be returned and refunded if done quickly, no matter what the reason.
- If bought in a store, you’ve no rights in law in law unless the item is faulty.
Although postal strikes and parcel backlogs are causing havoc with online deliveries this year, it is potentially a lot easier to return something, but you’ll have to do it within 14 days of delivery. So even if the parcel turns up late, the clock only starts ticking when it’s in your hands. However, the right to return is solely the buyer’s. not the receiver’s, and as most returns need a receipt and will be refunded back on to the original card used to purchase, it can be difficult to return something without the giver knowing about it.
Here’s a quick guide to your rights if you need to return a Christmas gift.
If it’s broken or faulty
When you buy an item from a retailer, an item must be of satisfactory quality, as described, fit for purpose and last a reasonable length of time. So regardless of whether you bought something in store, online, by phone or mail order, you are entitled to a full refund within 30 days if it fits into any of the criteria above. If you received the the item as a present and have a gift receipt, many stores will refund to the receiver, though this isn’t specifically stated in consumer law. Even if you haven’t got a gift receipt, it’s probably still worth trying to return the item.
If you want to return something bought in a shop
Unless it’s faulty, you have no rights either as the giver or receiver if a gift is unwanted. Luckily, many shops have their own, more generous return policies, but remember, this is not a legal right and often doesn’t extend to the recipient. However, many shops do allow the recipient to return gifts with a gift receipt, but again it’s a voluntary goodwill gesture, and you’re much more likely to get an exchange or credit note than a refund. If you weren’t given a gift receipt when you got the present and you don’t want to ask them for the receipt, you could try anyway, but there are no guarantees it’ll work.
If you want to return something bought online
If your gift was bought online, things are slightly more straightforward, although again, the rights are all for the purchaser, not the recipient. The Consumer Contracts Regulations, which over online, mail order and phone ordering, state the buyer has 14 days after they receive their order to notify the seller that they intend to return the item and get a full refund. They then have a further 14 days after notifying the seller to actually return the item. Exceptions include perishable and personalised items, and you may still need to pay for postage unless the item is faulty.
If you are the recipient of the unwanted gift and have been given a gift receipt, while you don’t have the same legal rights, most stores will allow you to exchange something, even if they won’t offer a refund. But do bear in mind though that even if a retailer does let someone other than the buyer return an item, you’ll still probably have to go via the buyer, as any refund would go to the original payment card and any exchange would likely be delivered to the same address.
If you want to return an unwanted present with a gift receipt
Although you don’t have a legal right to a refund or exchange for items bought in-store that aren’t faulty, although you have more rights online, in reality many stores have more generous policies. While gift receipts aren’t specifically covered by consumer rights law and aren’t offered by every retailer, if a store’s willing to provide a gift receipt, it generally means it’s willing to help you. A lot of shops are more likely to be lenient if you’re only asking for an exchange.
If you want to return something in a few weeks time
Over the Christmas buying period, many retailers actually extend their policies to allow more time for people to return gifts in January. But bear in mind that if the item you want to return isn’t faulty, you may still need to pay delivery costs to return it, but this will vary by retailer.
If you want to return something but you don’t have receipt
If you weren’t given a gift receipt and the item you’re returning isn’t faulty, it’s probably worth trying to get the original receipt from the person who bought the present. But remember, if the gift is faulty, you don’t need a receipt – you simply need to show ‘proof of purchase’, so a bank statement or credit card statement would do.
If you want the refund paid to a different card
This is possible, although you may find it difficult because some shops will only process refunds via the same payment method. If that’s the case, you you may have to settle for an exchange or credit note.
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