How to deal with unwanted gifts

Dec 28 2008 by Ian Robson, Sunday Sun

TIS the season to take back unwanted presents . . . but do you know your rights?

A recent survey revealed four out of five people received the wrong gifts last year. That’s £78bn-worth, so there’s a market in unloved gifts out there.

I’ve teamed up with my pals in the Citizen’s Advice to give some tips.

Chief executive David Harker said: “Know your rights if you’re planning to cash in on unwanted gifts.

“The temptation may be high to exchange unwanted presents for cash to boost finances for January.

“But the rules and regulations surrounding this are not always as straightforward as you might think.

“We all love buying people gifts they will appreciate, but people need to take precautions so that Christmas presents don’t become New Year’s debts.

“It’s also vital that people are fully aware of their rights and responsibilities, not only when taking back gifts, but purchasing them in the first place.

“We hope this advice will help consumers know their retail rights and avoid any unnecessary pitfalls when buying and returning gifts.”

A new idea is to recycle unwanted gifts by selling or swapping them online.

A spokesman for Citizen’s Advice said: “An online auction is one way for people wanting to sell on their unwanted goods.

“Over a million unwanted Christmas presents were listed on the largest online auction in the week after Christmas last year and, for many sellers, it was the first time they had sold anything in this way.

“Over the last few years, online swap shops and community recycling sites have also become more popular ways to relieve yourself of unwanted goods without feeling entirely out of pocket. Different sites operate in different ways. Some let you list your item and agree to direct swaps, some give you points for your item which you can then spend on their site, and others let you purchase and sell items for cash as well as swapping.

“Type ‘swap shops’ or ‘online recycling’ into your internet search engine to find out more.” And, for those with a big heart, unwanted presents can be given to charity shops.

The spokesman said: “Charity shops are an excellent way of ensuring that unwanted goods get re-used. All charities and their shops are non profit, so all money made will go directly towards the cause.

“Recently, charity shops have seen a surge in customers, with many people heading to them for specific goods at bargain prices.”

Know your rights

1 AM I ENTITLED TO A REFUND?

Contrary to popular opinion, shops are not obliged to offer a refund, or even a credit note, for unwanted presents unless they are damaged or faulty.

If so, only the person who bought the goods will have the statutory rights to return them.

Many shops are more accommodating, particularly after Christmas, but they are operating above and beyond their legal obligation.

2 DO I NEED TO PROVIDE A RECEIPT?

If you want a refund it always helps if you have the receipt as it is unlikely you will get a cash refund without one. Even with a receipt, most shops are only happy to give a full refund within a limited time.

3 DID I MAKE A MISTAKE BY BUYING TOO EARLY?

When buying potentially tricky gifts for other people, such as clothes, it is better to purchase the item as late as possible to allow for limited return times.

4 CAN I GET A CASH REFUND ON A PURCHASE MADE BY CARD PAYMENT?

If the gift was bought with a debit or credit card, any refund will normally be credited back to the cardholder. It may be easier to opt for an exchange or ask the gift giver whether they can exchange it for you.

5 DO I HAVE EXTRA RIGHTS FOR MAIL ORDER AND INTERNET PURCHASES?

If the gift you have been given was purchased online, via the television, mail order, phone or fax this is known as “distance selling” and you have some extra rights.

All items sold at a distance come with a cooling-off period of seven working days. This means that, regardless of whether an item is faulty, you are entitled to return it in the same condition within the seven working days period and receive a full refund.

There are, however, still some goods you cannot return. Fresh flowers, food, newspapers and magazines, DVDs and CDs and any item that has been personalised are excluded from the seven-day rule.