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Judging by my emails this week, thousands of you want to know how to return unwanted Christmas gifts to a retailer, so it’s important you know your rights.
Who has the right to return gifts?
It doesn’t matter if the gifts were purchased online or in store, technically only the person who bought the gift has the right to return it.
However, retailers rarely enforce this, especially during the holiday season.
Additionally, if a retailer issues a gift receipt, they are clearly agreeing that someone other than the buyer can return the products.
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Gifts purchased online
In the case of an online purchase or a purchase made anywhere outside the trader’s usual place of business (such as a market or temporary shop), the Consumer Contracts Regulation applies.
You can return online purchases and request a refund for any reason, even if you don’t want them.
The only stipulation is that the merchandise must be in perfect condition and in its packaging intact when you return it.
Perishable or personalized products, or items such as underwear, cannot be returned.
To exercise this right, you must inform the retailer within 14 days of delivery and then return the goods within 14 days.
This means you will need to ask the person who gave you the gift when they received it and whether the retailer offered extended return rights beyond 14 days.
Store-bought gifts
There is no law here that gives you the right to return products just because you have changed your mind or they don’t fit.
In fact, the only legal right you have, under the Consumer Rights Act 2015, is to return faulty items for a free repair, refund or replacement.
However, this doesn’t necessarily mean you can’t return store-bought gifts.
Many retailers give you the right to change your mind, especially at Christmas, recognizing that items are purchased as gifts.
If you have an unwanted gift purchased from the store, you should ask what their return policy is, to find out if they allow such returns and what the time limit is.
I don’t have the receipt
Returning a gift without proof of purchase (which could be a receipt, gift receipt, bank or card statement, or any evidence showing that the products were purchased from a particular retailer) can be complicated, as retailers They have no legal obligations to consider a return. without this.
If you don’t have proof of purchase, you’ll need to ask the retailer what their return policy is.
Some stores have more lenient return policies and may allow returns without a receipt during the holiday season.
They might offer store credit or an exchange instead of a cash refund if you don’t have proof of purchase.
I don’t have the original packaging
The retailer has no legal obligation to accept a return without the original packaging (as the products must be in salable condition), but if you ask nicely, sometimes they will.
However, the situation is different when you want to return a defective Christmas gift: here it is not necessary to have the packaging.
My gift is now on sale.
If you are entitled to a refund you will be entitled to the full price paid and this will not change if the goods have been reduced in sales.
Voucher or cash back
If you bought your gift in store, the retailer can impose return rules, so even if you prefer cash, if their returns policy says they will only give you a coupon if you return an unwanted gift, this is perfectly acceptable.
Write to Dean Dunham, Money Mail, 9 Derry Street, London, W8 5HY or email d.dunham@dailymail.co.uk. The Daily Mail cannot accept any legal responsibility for the responses given.
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