How to deal with gifts that don’t keep on giving
Explains your rights for returning unwanted Christmas presents
EVERY Christmas we find ourselves uttering the words “it’s just what I’ve always wanted”, even as our hearts sink at the rotten gift we have just received.
Whether you get a naff jumper, your third toiletry kit, or an Adele CD when you’re into grime and drill, it can be hard to contain your disappointment.
Within seconds, you’ll be plotting what to do with it.
Charity shop? Re-gift it to another friend or relative? Flog it on ebay? But what are you rights if you want to get a refund or credit note instead?
Almost 25% of Christmas purchases are returned, according to technology payments firm FIS, rising to 40% among millennials.
But many could be in for a shock – because the retailer that sold the item is under no legal obligation to give you your money back.
GETTING THE RECEIPT IS KEY
Those on the receiving end of a duff present need to get hold of the receipt if at all possible.
Without it, getting a refund or exchange is a lot harder.
When giving presents at Christmas, you can make life easier for disappointed friends or loved ones by requesting a gift receipt from the retailer and handing it over too.
That way the recipient will not know how much it cost, but will find it easier to exchange or get a refund.
If you don’t have a receipt, you may still be able to get a credit note or exchange – but it depends on the retailer. And it can be hard work.
STAND UP FOR YOUR RIGHTS
Many people assume they have the automatic right to get a refund just because they do not like something they have bought – but in fact your rights are limited.
The days when retailers could stick up a sign saying “no returns” are now gone, but shoppers only have limited statutory rights to return goods simply because they changed their mind, says Professor Adrian Palmer, head of marketing and reputation at Henley Business School in Reading.
It depends on how you bought the item – whether in a shop or online – and the retailer’s returns policy.
RIGHTS FOR SHOP-BOUGHT GOODS
If you buy items in a physical shop, your right to return is much more restricted. Adrian says: “There is no general right in English law to return unwanted goods purely because you have changed your mind, unless a retailer has made a specific promise before the goods were sold.”
In practice, most major retailers will offer more than the legal minimum, with most offering to take back unwanted goods within 30 days.
Many extend this to the end of January for presents bought over the Christmas period. It’s always worth checking the returns policy too. “Also check the retailer’s other requirements, such as returning the goods with complete packaging,” Adrian adds. If a retailer makes specific promises to return goods, then it is contractually bound by them. If not, you are limited to statutory rights.
RIGHTS WHEN BUYING ONLINE
Your consumer rights are stronger when buying over the internet.
For online orders, shoppers have up to 14 days after receiving goods to notify the retailer they want to cancel, and don’t have to give a reason why. Some items you cannot return, such as food and flowers, opened CDS, DVDS and computer software, earrings, make-up and toiletries, or personalised or bespoke products.
You then have another
14 days to return the goods, Adrian says.
“The retailer must also refund the standard delivery charge, and cannot require you to take a credit note.”
But it is your responsibility to pay the cost of returning the goods to the retailer, unless they previously agreed to cover return costs.
Another 14-day rule also applies to the retailer over returned goods.
Once the seller has received the item, that’s the maximum length of time it can take to refund you.
Also, if your goods have not arrived within 30 days of ordering, you can cancel the order and demand a full refund.
RULES COVERING FAULTY GOODS
The above rules apply where there is nothing wrong with the goods supplied – when the customer has just changed their mind.
The situation is different when goods are faulty, not fit for purpose, or not as described.
In this case your right to a refund, replacement or repair is stronger.
If an item arrives damaged, the vendor is responsible for this, so it’s really important to contact them as soon as possible.
Put your complaint in writing, ideally in an email, and attach photos of the damage, says Jonny Sabinsky, head of communications at thinkmoney.co.uk. “Act quickly to prove the item was not damaged after delivery, and definitely within 30 days.”
If the vendor asks you to return the damaged item, it should cover the delivery costs.
When making online purchases, use a credit card, as this gives you extra protection under Section
75 of the Consumer Credit Act, for goods costing from £100 to £30,000.
“This states that your credit card issuer is jointly responsible for anything that goes wrong with a purchase,” Jonny says.
DELAYED DELIVERIES COMPENSATION
Late deliveries are particularly infuriating if you have taken a day off work, or paid extra for a one-day delivery only to find that it turns up after two or three days.
If your parcel arrives late, damaged or never shows up at all, you may be able to claim compensation. But don’t bother contacting the delivery company or grabbing the postman to complain, says Sarah Dennis, head of content at complaints website resolver.co.uk:
“The golden rule for online shopping orders is that your contract is with the retailer. In most cases, it is their responsibility to cancel your order and arrange a refund or compensation.”
The exception to this rule is when you organised delivery directly through a courier, she added.
Late deliveries can be really annoying – especially if you took some time off work or stayed at home to be sure you received your package. Sadly you cannot normally get extra compensation for inconvenience.
Sarah says: “The exception is if you take time off work to wait for a delivery that has already been rearranged once. Or if you can otherwise prove that the delayed delivery has caused financial loss.”
Again, go straight to the retailer in most circumstances, unless you organised the delivery yourself through the courier service. And if you are not satisfied with the way the retailer handles your complaint, you can turn to the Retail Ombudsman for an independent investigation (ombudsman-services.org/ how-itworks/your-rights).
Some companies have a standard compensation policy for late deliveries, so check their website or call them.
Jonny says: “They may waive delivery charges if a parcel arrives late. Or reimburse the extra cost of a one-day or same-day delivery that arrived late. So talk to the company. “If you do not hear back from the company, write a formal letter detailing your case for compensation.”
If you still don’t get a response, you can take the company to the small claims court.
But Jonny says: “This can be difficult and time-consuming, so exhaust every other possibility first.”
The golden rule for online shopping orders is that your contract is with the retailer
Sarah Dennis from Resolver