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Many happy returns with new consumer powers

If you need to return a Christmas gift - or a sale item - you have more powers now

Simon Read
Personal Finance Editor
Saturday 19 December 2015 11:53 GMT
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Gifts are great to receive - but can be difficult to return
Gifts are great to receive - but can be difficult to return (ALAIN JOCARD/AFP/Getty Images)

It is wonderful to give and receive gifts but the whole process doesn’t always go according to plan, as I’ve learnt from bitter experience in the past. The good news is that this Christmas is the first when consumers are armed with greater powers when returning items. In short, shops and online sites must give you a reasonable time in which to send back faulty or unsuitable products.

However, if you receive a gift that you simply don’t want, a retailer doesn’t have to take it back – although many have relatively generous policies and will do so.

I asked Citizens Advice to round up your rights in light of the consumer law changes that came into effect in October. Here is the charity’s “cut out and keep” guide:

Returning Christmas gifts you’ve bought for someone else

Christmas gift not up to scratch. If a product turns out to be faulty, of poor quality or not fit for purpose, the law says you can return it within 30 days and receive a full refund. Store returns policies often extend the time in which you can return an item over the Christmas period so it is worth checking the terms and conditions on the back of the receipt, online or in store.

Changed your mind about a product you’ve bought? You have no legal rights here but shops often have policies that go a step beyond what you’re legally entitled to, such as offering you 28 days to return an item that you no longer want. If you have bought it online, you do have the right to return it as you don’t get a chance to see the product until it arrives.

Returning Christmas gifts someone else has bought for you

Receiving a faulty gift. With faulty or poor- quality presents, it’s the person who bought them who has the legal right to return them. As usual, they will need a receipt or a bank statement, and should return items within 30 days. Some stores may have their own policy extending the right to return to a third party.

Returning a gift. You have no legal right to return a gift that isn’t faulty but you don’t want to keep. Some stores, however, will have their own policy allowing you to return an item bought for you, and to receive a refund, credit note or exchange. You will usually need proof of purchase, such as a gift receipt or the original receipt from the person who bought the gift.

Thinking a bit further ahead, many people will be heading off to the Boxing Day sales next Saturday. Your normal rights apply even when you buy items in a sale, but there are a few rules that you need to be aware of. Here is Citizens Advice’s guidance:

Returning sale items

Your rights are the same as when you buy non-sale items, with a couple of exceptions:

Buying something faulty. If you have purchased a product that was marked as faulty, you can’t return it using that fault as the justification. If there is a different problem with it that wasn’t brought to your attention, you can return it within 30 days and get a full refund.

Changed your mind? Stores that usually allow consumers to make returns if they have had a change of heart can alter their policy during a sale. For example, they may reduce their usual offer of returns within 28 days to returns within 14 days, or offer a credit note instead of a refund.

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