WinteR 2017 GIFT rETurnS RetuRn to vendoR Do you have to offer a refund if a customer wants to bring back an unwanted Christmas gift? Its time to get your festive returns policy wrapped up Christmas is a time for giving presents, but many consumers are not sure what their rights are when they receive an unwanted gift and many traders do not know if they have to give a refund. What does the law say? When people buy goods, the Consumer Rights Act 2015 states that those goods must be of satisfactory quality, fit for any purpose made known to the trader, and as described. If, within 30 days, the item breaches any of these core customer rights, the person who bought the goods has the right to a full refund, or a repair or replacement. After 30 days, the consumer loses the right to reject the goods, but still has the right to a repair or replacement. What about unwanted items? Your return policies should be clearly and prominently displayed on receipts, and on notices within the store and online When someone buys goods in a shop, there is no obligation on a trader to accept returns simply because the person has changed their mind about the purchase, or because the item is an unwanted gift unless the store has a stated returns policy, which becomes part of the contract. It is a different situation if the item is bought online or over the phone. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give the customer the right to cancel an order and return goods for any reason from the time they place the order until 14 days after delivery. There are certain exemptions to this right to return, including: n Goods that are made to the consumers specifications or are clearly personalised n Perishable goods n Goods that have been sealed for health and safety reasons, and that have been unsealed after delivery n dVds, Cds and computer software, if they were sealed at the time of delivery and have been unsealed If the consumer chooses to return the item, the trader must refund the full purchase price, including the cost of delivery. This right to return goods bought at a distance gives people the opportunity to examine items in the same way they could in a shop but if the consumer causes any damage, the trader can reduce the refund accordingly. Christmas returns policy Many traders have some sort of returns policy that allows customers to return goods when they have no legal right to do so for example, allowing them to return unwanted items within 14 days. People are always likely to receive unwanted Christmas gifts, so it is advisable to have a specific, written returns policy. This should make it clear whether you accept returns of Christmas presents and clarify: n Your policy when the recipient of the gift rather than the purchaser returns the goods. Will you allow this and, if so, will they need a receipt/gift receipt? n The time limit for the return of unwanted gifts n Whether there are any conditions attached to the return, such as requiring goods to be in the original, undamaged, packaging n Whether you will give a refund for the unwanted item, offer an exchange, or provide a credit note Your return policies should be clearly and prominently displayed on receipts, and on notices within the store and online. By making your policy clear, you should avoid problems with customers trying to return goods in the busy post-Christmas sale period. For more advice on the law relating to the sale of goods, click here. For further information please contact your local trading Standards Service