Christmas is a time for giving but finding the right gifts can sometimes be challenging. Whether you are buying online or in stores, it is important to understand your rights so you can shop confidently. The following are some key consumer rights and practical tips to keep in mind to ensure a problem-free shopping experience.
1. The reality is not every gift purchased will meet the receiver’s expectations. For instance, a jumper might turn out to be of the wrong size or colour, a toy might not have the expected functions or a kitchen gadget might simply not suit the gift receiver’s needs. To make sure that the ‘wrong’ gifts can be returned, consumers should always check the seller’s return policy before making a purchase.
2. One should not only check if a gift can be returned or not but one must also enquire about: a) whether the receipt or gift receipt is required to make the exchange; b) whether there is a deadline for returns, and c) the condition in which the items must be kept – do the items need to be unused and in their original packaging? Once this information is gathered, buyers should ensure it is clearly written on the gift receipt.
3. While most sellers allow for returns of unwanted gifts, consumers should however be aware that some products cannot be exchanged due to their nature or for hygiene reasons. For example, a set of earrings or a bottle of perfume may be unreturnable, even if the shop generally allows exchanges. So it is always advisable to verify that the shop’s return policy covers the specific gift you are buying to avoid disappointments.
4. With regard to legal rights, consumers should be aware that they are legally entitled to claim a free remedy from sellers if the gifts they purchase are damaged or not fit for their intended purpose. By law, goods must also match the description and promises made by the seller before the sale is concluded. For instance, if a smartwatch has a software glitch or missing features, as a consumer you may request a repair or replacement at no extra cost. If these remedies are not possible or would cause significant inconvenience, you have the right to ask for a partial or full refund of the money paid.
5. When buying gifts online, it is important to plan for possible postal delays during the busy Christmas period. Hence, always confirm with the seller that the items will arrive in time for Christmas and make sure the agreed delivery date is clearly written in the sales contract. If this deadline is missed, consumers have the legal right to cancel the order and claim a full refund.
Buying gifts requires time and effort, so it is wise not to leave shopping until the last minute
6. Online shopping also provides additional protection – the 14-day withdrawal period. During this period, consumers can return goods without giving a reason or need to pay extra charges. The 14-day period starts from the day the items are delivered to the person placing the order. However, if the withdrawal period ends before this person gives the gift to the intended recipient, returns may no longer be possible unless the seller voluntarily extends the return timeframe. Consumers should also be aware that they might need to cover the cost of returning unwanted items, but sellers are required to inform them of any return costs before the purchase is completed.
7. Consumers should also check whether unwanted gifts can be exchanged during sales periods. If the seller permits exchanges, it is important to clarify whether the replacement will be issued at the value of the original purchase price or the discounted sale price. For example, if a consumer buys a winter coat before Christmas at full price and later wants to exchange it during a post-Christmas sale, the store may only allow an exchange at the lower sale price. Since consumer law does not grant an automatic right to exchange unwanted items, retailers are free to set their own policies and conditions.
8. Buying gifts requires time and effort, so it is wise not to leave shopping until the last minute. To ensure the best value, consumers should compare products and prices across different shops.
Finally, consumers should keep in mind that if any issues arise and they do not manage to resolve them directly with the seller, they can seek assistance from the Office for Consumer Affairs at the MCCAA.
Odette Vella is director, Information and Research Directorate, MCCAA.
