Can you exchange that Christmas gift?
At the Napier Citizens Advice Bureau we have received a few calls about gifts received at Christmas and other purchases made over that really busy time. The following are a few typical inquiries and the suggestions we might offer:
■ I’ve received a gift which I’d like to exchange because it’s the wrong colour, wrong size, or there’s something different I’d prefer in the shop from which I know it was bought. Am I within my rights to return it to the store and request they allow me to swap it, or give me a refund or store credit?
Usually when any item is bought, the sale is final unless there is something wrong with the product. It doesn’t hurt to ask, but the retailer is not obliged to exchange or give a refund just because you’ve changed your mind or would prefer something else. But do check, as there are many shops with their own in-store policy about returning goods for exchange, refund or giving a credit for future use. When purchasing items for gifts, we recommend checking the retailer’s returns policy before you buy. Be aware some retailers stipulate “no change of mind refunds on sale items”. If the shop is one that allows exchanges, credits, etc, expect them to request proof of purchase, so hopefully you, or whoever made the purchase, has kept the docket. And they’ll be expecting the returned item to be still in “as new” condition, preferably complete with any tickets and packaging, so they can resell it.
■ Unfortunately the store will not exchange or refund us for an unwanted gift. What can I do?
You could advertise it for sale in the local newspaper, trader type magazine, or online on Trade Me or Facebook. But at the moment all such avenues are flooded with unwanted gift adverts which are very common immediately after Christmas. Perhaps for a better price, think about waiting a month or two.
We could suggest a number of worthy charities, if you are willing to gift any surplus item/ s.
■ The appliance, toy (or whatever the item) we received or gave has been found to be faulty. It worked fine for just a few days. So what are our rights?
If it was bought new from a store, you will have the protection of the Consumer Guarantees Act. Hopefully, you can locate the purchase docket, as proof of purchase, for when you return the item to the shop. The act stipulates that all goods sold must be of acceptable quality which means being in full working order and lasting a reasonable time for an item of that type and price. A few days would not be a reasonable time. Upon return of the item, the retailer has the right to repair it, or replace it, or give you a refund. If the retailer cannot repair the item, or takes an unreasonable amount of time, you can choose between a refund or replacement.
■ The faulty gift we received was bought online. Does the Consumer Guarantees Act protection still apply?
Briefly, the act’s protection will apply provided:
— The seller is a New Zealand based firm,
— Is in the business of selling such items,
— The items are for the buyer’s personal, not business, use.
Whether items are new or second-hand, you get the act’s full protection. But there is no such protection under this act for goods bought privately including from garage sales, gala days. Also, there is no consumer guarantee protection for online purchases from private sellers, eg through Trade Me or Facebook. However, do check with us in these cases. We may be able to advise whether you have a claim against the seller under the Fair Trading Act, or some other law, especially if you believe the seller mislead you.
‘When purchasing items for gifts, we recommend checking the retailer’s returns policy before you buy. Be aware some retailers stipulate ‘no change of mind
’ refunds on sale items’.
■ For more information, contact us at the Napier Citizens Advice Bureau when we are open 9am to 4pm weekdays and 9am to 11am on Saturdays. We’re at 126 Hastings St, (above the BNZ, Napier). No appointment required. Or ring us on 06 8359664 or email any time to napier@cab.org.nz. We are only too happy to help.