Consumer rights | Returning gifts

Many people need to return at least one Christmas gift, whether it is the wrong size, unwanted, duplicated, faulty or not delivered in time. Your rights depend on how the item was bought, whether it is faulty, whether it was bought online or in store, and whether you are the buyer or the gift recipient.

There is an important difference between changing your mind and returning something because it is faulty, not as described or not fit for purpose.

If You Do Not Like the Gift

If an item was bought in a shop and there is nothing wrong with it, the shop does not usually have to give a refund simply because the recipient does not like it, it does not fit, or it is unwanted.

Many retailers do offer goodwill returns, exchanges or credit notes, especially during the Christmas period. These are usually based on the retailer's own returns policy rather than a legal right.

Shop Returns Policies

If a shop has a returns policy, it should follow that policy. The policy may set out the time limit, whether refunds or exchanges are offered, whether tags must remain attached, and whether sale items are included.

A shop's returns policy cannot remove your statutory rights. If the item is faulty, your rights under consumer law apply even if the shop's ordinary returns period has expired.

Gift Receipts

A gift receipt can make returns easier. It usually allows the gift recipient to exchange or return the item without showing the price paid.

Without a gift receipt, the retailer may ask for proof of purchase. This could mean the original receipt, order confirmation, bank statement or other evidence showing where and when the item was bought.

Who Has the Contract With the Retailer?

The legal contract is usually between the retailer and the buyer of the item. This means refunds will usually go back to the original payment method.

Some retailers allow gift recipients to exchange items or receive a credit note, but this may depend on the store's policy and whether a gift receipt was provided.

Faulty Goods

If goods are faulty, not as described or not fit for purpose, the buyer has legal rights against the retailer. The retailer should not simply send the customer to the manufacturer.

In most cases, if a fault is found within 30 days, the buyer can reject the goods and ask for a full refund. This is known as the short-term right to reject.

Repair or Replacement

After the first 30 days, the retailer will usually have the opportunity to repair or replace the item. If the repair or replacement is unsuccessful, is not provided within a reasonable time, or causes significant inconvenience, the buyer may then be entitled to a refund or price reduction.

Within the first 6 months, a fault is usually treated as having been present at the time of purchase unless the retailer can prove otherwise. After 6 months, the buyer may need to prove that the fault was present when the item was bought.

Online Shopping

Online shoppers usually have extra cancellation rights. For most online purchases, the buyer has 14 days from receipt to cancel the order, even if the item is not defective.

After cancelling, the buyer usually has a further 14 days to return the goods. The trader must usually refund within 14 days of receiving the goods back or receiving evidence that the goods have been sent back.

Delivery Costs for Online Returns

Where an online order is cancelled under the cooling-off rules, the trader must usually refund the customer for the standard delivery cost. If the customer chose a more expensive delivery option, the trader usually only has to refund the standard delivery amount.

The customer may have to pay return postage unless the retailer agreed to cover it or failed to provide required information about return costs.

Exceptions to Online Cancellation Rights

Some goods cannot usually be returned simply because the buyer changes their mind. Exceptions may include personalised goods, made-to-measure items, perishable goods, sealed hygiene items once opened, sealed audio or video recordings once unsealed, and digital content once downloading or streaming has started with consent.

These exceptions do not remove rights where the goods are faulty, not as described or not fit for purpose.

Christmas Delivery Problems

If delivery by Christmas was guaranteed and the item arrives late, the buyer may have stronger rights to cancel or claim a refund. If Christmas delivery is not guaranteed, the position may depend on the delivery terms and whether the retailer has missed the agreed deadline.

The retailer is usually responsible for delivery until the goods are received by the customer or by someone nominated by the customer. If a parcel is missing, the buyer should contact the retailer rather than being fobbed off to the courier.

Credit Notes

If the item is unwanted but not faulty, a credit note may be a reasonable outcome if the retailer is not legally required to refund.

If the goods are faulty and the buyer is entitled to a refund, the retailer should not force the buyer to accept a credit note instead.

Sale Items

Sale items have the same basic consumer rights as full-price items. If a sale item is faulty, not as described or not fit for purpose, the buyer may still have rights to a refund, repair or replacement.

However, if the item was discounted due to a specific fault clearly pointed out before purchase, the buyer may not be able to complain about that particular fault later.

Buying by Credit Card

Section 75 of the Consumer Credit Act 1974 can protect credit card purchases where the item or service costs more than £100 and not more than £30,000. The credit card provider may be jointly liable with the retailer if there is a breach of contract or misrepresentation.

This can be useful where the retailer goes out of business, refuses to refund, fails to deliver, or supplies faulty goods. The protection can apply even if only part of the price was paid by credit card.

Chargeback

Chargeback may be available for some debit card and credit card payments where goods are not delivered, the retailer refuses a valid refund, or the retailer has gone bust.

Chargeback is not a legal right in the same way as section 75. It is a card scheme process, and time limits can apply. MoneyHelper and the Financial Ombudsman explain that the rules can differ depending on the card scheme and bank.

Proof of Purchase

A receipt is useful, but it is not always the only possible proof of purchase. Bank statements, card statements, order confirmations, emails, loyalty account records or gift receipts may help show that the item was bought from the retailer.

Retailers may still require enough information to verify the purchase before offering a refund, exchange or repair.

Dangerous Goods

If a product is dangerous, stop using it immediately. Report the issue to the retailer and consider reporting it to Trading Standards through Citizens Advice.

Keep evidence such as photographs, packaging, instructions, batch numbers, receipts and any injury or damage caused.

How to Complain

Complain to the retailer in writing where possible. Explain what was bought, when it was bought, what has gone wrong, what remedy you want, and, if relevant, the legal basis for the request

Keep copies of receipts, emails, photographs, delivery tracking, proof of return postage, and any conversations with customer services.

Trading Standards and Consumer Help

Consumers in England and Wales can usually contact the Citizens Advice consumer service for help. Citizens Advice can give guidance and pass information to Trading Standards where appropriate.

Trading Standards does not usually act as a personal claims handler for every refund dispute, but it can investigate wider breaches, unsafe goods and unfair trading practices.

When Legal Advice May Be Needed

Legal advice may be needed where the item is expensive, the retailer refuses to refund, the product caused injury or damage, the seller has gone bust, the purchase involved finance, or a dispute may need to be taken to the small claims court.

A solicitor can advise on consumer rights, faulty goods, delivery disputes, section 75 claims, chargeback, product liability, misrepresentation and court action.

Current Position

If an item bought in-store is unwanted but not faulty, the retailer usually does not have to issue a refund unless its own policy says it will. If an item bought online is unwanted, the buyer usually has a 14-day cancellation right, subject to exceptions.

If goods are faulty, not as described or not fit for purpose, the buyer has statutory rights against the retailer. The retailer should not tell the buyer that the problem is only for the manufacturer to deal with.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice or consumer advice services. The information on this page is for general guidance only. It should not be relied upon as a substitute for advice from a regulated solicitor, Citizens Advice, Trading Standards or other qualified professional. Consumer law, card protection rules and court procedure can change, and how the law applies will depend on the facts of each case.

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