Returning unwanted Christmas gifts – know your rights

Who can return a gift?

Legally, only the person who bought the gift has the right to return it, as they are the one who entered into the contract with the retailer.

This applies whether the item was bought online or in-store.

In reality, most retailers are flexible about this, particularly at Christmas. Where a gift receipt is provided, the retailer is clearly accepting that someone other than the original purchaser may return the item.

Gifts bought online

For gifts purchased online, or away from a trader’s usual place of business (for example, at a pop-up shop or exhibition), the Consumer Contracts Regulations apply.

These give consumers the right to return goods for a full refund for any reason, including simply changing your mind.

There are some exceptions. Items must be returned in a pristine condition and in their original, undamaged packaging.

Perishable or bespoke items cannot be returned, and some items such as underwear cannot be returned if they have been tried on.

To exercise this right, the retailer must be informed within 14 days of delivery, and the goods must then be returned within a further 14 days.

If you have received an online gift, you may need to check when the item was delivered and whether the retailer offers an extended returns period beyond the standard 14 days.

Gifts bought in store

The position is very different for gifts bought in store.

There is no automatic legal right to return an item simply because you have changed your mind or it does not fit.

Under the Consumer Rights Act 2015, your legal rights apply only if the item is faulty, in which case you are entitled to a repair, replacement or refund.

That said, many retailers choose to go beyond their legal obligations and allow returns of unwanted items, particularly over the Christmas period.

If you wish to return a gift bought in store, you should check the retailer’s returns policy to see whether this is allowed and what time limits apply.

Returning a gift without a receipt

Retailers are not legally required to accept returns without proof of purchase.

This could include a receipt, gift receipt, bank or card statement, or any other evidence showing the item was bought from that retailer.

Some retailers operate more generous returns policies during the festive season and may allow returns without a receipt. In these cases, they may offer an exchange or store credit rather than a cash refund.

Returning a gift without the original packaging

Retailers are not legally obliged to accept a return if the original packaging is missing, as items are generally expected to be in a resaleable condition.

However, some retailers may still accept the return as a goodwill gesture.If the item is faulty, the rules are different. You do not need the original packaging to return a faulty Christmas gift.

If the item is now in the sale

If you are entitled to a refund, you should receive the full price that was originally paid, even if the item has since been reduced in the sales.

Can a retailer offer a voucher instead of cash?

For gifts bought in store, retailers are entitled to set their own returns policies.

If their policy states that unwanted items will be refunded with a voucher rather than cash, this is permitted.

Faulty Christmas gifts

If a Christmas gift is faulty, different rules apply. In these circumstances, you are entitled to a refund, repair or replacement under the Consumer Rights Act 2015, regardless of whether the item was bought online or in store (subject to proof of purchase).

Need help?

If you still unsure about the return or a Christmas gift or if the retailer has denied your rights, get in contact with me on the LBC Consumer Hour, Sunday nights from 9pm.