Can C I return t unwanted Christmas presents for a refund?

QLike many of us, I often get gifts from family and friends that I really don’t want or need. Do I have any rights to return these to the retailer and get a refund? Millie Sweet

AStrictly speaking – no, because the recipient of a gift doesn’t have a contract with the company selling the item.

But there’s a useful law that allows buyers to transfer their contract rights to the recipient of a gift. Using the Contracts (Rights of Third Parties) Act 1999, the buyer can make it clear when they purchase the item that they wish to “confer the benefit of the contract” to the recipient. The person receiving the gift then has all the benefits of the Consumer Rights Act or Consumer Contract Regulations (CCR). This has to be done in writing – for example, on the back of the receipt. The buyer needs to give the recipient’s name, address and personal connection (for example, ‘family member’ or ‘friend’).

Even without this, most high-street retailers are fairly flexible, and will allow you to replace your item for one of similar value, providing you hand over the receipt. Some retailers also offer vouchers you can spend, but you should check the expiry date.

Online retailers are more likely to want to deal with the buyer only, but you can give it a go. You’ll need to be quick about this because the time limit for returning unwanted goods under the CCR is 14 days starting from the day after the item was received by the buyer.

With faulty gifts, it’s best to let the buyer return the item, unless they transferred the contract to you.