How to return undesirable festive items if you do not have a receipt… or the field

Judging by my emails this week, thousands of you want to find out how to return unwanted Christmas gifts to a retailer so it’s important that you know your rights. 

Who has the right to return gifts? 

No matter whether gifts were purchased online or in store, technically only the person who purchased the gift has the right to return it. 

However, retailers rarely enforce this, especially during the festive season. 

Also, if a retailer issues a gift receipt, it is clearly accepting that someone else, other than the buyer, may return the goods. 

Top tips: Consumer lawyer Dean Dunham runs down how to get a refund for gifts this January

Gifts purchased online

With an online purchase, or a purchase made anywhere away from the trader’s usual place of business (such as a market or pop-up shop), the Consumer Contracts Regulations apply. 

You can send back online purchases and ask for a refund for any reason – including that you do not want them. 

The only stipulations are that the goods must be in pristine condition and in their undamaged packaging when you return them. 

You cannot send back perishable or bespoke goods, or items like underwear. 

To exercise this right you must inform the retailer within 14 days of delivery, then send the goods back within 14 days. 

This means you will need to ask the person who gave you the gift, when they received it and whether the retailer offered extended returns rights beyond 14 days. 

Gifts purchased in store

Here, there is no law giving you the right to return goods just because you’ve changed your mind or they do not fit. 

In fact, the only legal right you have, under the Consumer Rights Act 2015, is to return faulty items and to receive a free repair, refund or replacement. 

However, this does not necessarily mean that you cannot return gifts purchased in a shop. 

Many retailers allow you the right to change your mind, especially at Christmas, in recognition that items are purchased as presents. 

If you have an unwanted gift purchased in store, you therefore need to ask what its returns policy is, so you can ascertain if it allows such returns and what the time limit is.

I don’t have the receipt

Returning a gift without proof of purchase (which could mean a receipt, gift receipt, bank or card statement; or any evidence that proves the goods were purchased from a particular retailer) can be tricky, as retailers have no legal obligations to consider a return without this.

If you do not have proof of purchase you will need to ask the retailer what its returns policy is.

Some shops have more lenient return policies and may allow returns without a receipt during the festive season. 

They could offer store credit or an exchange instead of a cash refund if you don’t have proof of purchase. 

I don’t have the original packaging

The retailer has no legal obligation to entertain a return without the original packaging (as the goods need to be in a saleable condition), but if you ask nicely, sometimes they will. 

However, the position is different where you want to return a Christmas gift that is faulty – here you do not need to have the packaging. 

My gift is now on sale

If you are entitled to a refund you will be entitled to the full price paid and this will not change if the goods have been reduced in the sales. 

Voucher or cash refund

If your gift was purchased in store, the retailer can impose the returns rules, so even if you’d prefer cash, if its returns policy says it will only give a voucher if you return an unwanted gift, this is perfectly acceptable.

Write to Dean Dunham, Money Mail, 9 Derry Street, London, W8 5HY or email d.dunham@ dailymail.co.uk. No legal responsibility can be accepted by the Daily Mail for answers given.