Your rights to a refund or repair for Christmas presents

In an ideal world all our presents would be perfect.

But if yours aren't, do not despair. We cannot help you return the chunky jumper your relative so lovingly knitted, but if a bought gift did not match your expectations, we will explain how to get redress.

Rejection: the retailer’s responsibilities
Surveys this year suggest that seven in 10 of us planned to do some or all of our Christmas shopping online.

If a gift bought online is unwanted it can usually be returned, thanks to the Distance Selling Regulations.

This law applies only to sales made online, over the phone or by mail order, and the important thing to know is the time limit.

The customer has seven working days starting the day after receipt of the goods in which to reject them.

You do not have to return the goods within this time period, though, and don’t let the retailer bully you into believing you have to.

The regulations do not specify a time limit for the return of goods, although you should try to do this as soon as possible.

What you must do within seven days is inform the retailer that you are rejecting the goods.

This has to be in writing – by email or letter, a phone call will not do. You are entitled to a full refund including the original delivery costs.

Whether the goods have arrived with the retailer or not, the rules state that the customer must receive their refund within 30 days.

Do not hang onto them, though: the company can take legal action to recover its goods.

Some retailers try to charge a restocking or admin fee, or insist the goods come back in their original packaging but this is illegal. In the case of goods that have hygiene seals, such as earrings you should not remove the seals when examining them.

But retailers cannot demand the goods are sent back ‘as new’.

Rejection: the buyer’s responsibilities
Don’t get carried away with that last rule.

Although you have the right to examine the goods, this right does not mean you can use goods with impunity: you can try clothing on for size but you cannot wear something to a party and then return it.

You must take ‘reasonable care’ of the goods.

If you send something back that you have damaged, the retailer cannot hold back a refund, but they can take action against you for breach of statutory duty to take reasonable care.

You will have to pay for the return delivery costs. You will be responsible for the goods so do not expect a refund if the item is lost or damaged in transit.

If the worst happens, you, not the retailer, will have to make a claim so ensure you have the right postal insurance cover.

We advise you to send returns by Special or Recorded Delivery.

Rejection: exceptions
If you were well-enough organised to buy all of your presents far ahead of Christmas it will probably be too late to reject them after Christmas.

Do not despair: many online retailers are aware that people want to order early to avoid disappointment and will extend the time in which you can reject goods.

However, if you take this route the DSRs do not apply because you have agreed to the retailer’s special terms – check these carefully.

If you are returning goods be aware that some retailers require you to get a returns number (sometimes called an RMA) from them before you do so.

Often these are required so the retailer can track the returned goods.

If you bought on the high street you have no legal right to reject goods unless they are faulty. Many retailers have their own policies about returns, so check these out.

If a retailer does agree to take back goods they can either demand you exchange it for something else or take a gift voucher – they have no legal obligation to offer cash.

There are also some goods, including personalised items (for example ones that have been engraved), fresh produce, or computer software if the seal is broken – that are not covered by the distance selling regulations no matter how you buy them.

Faulty powers
If your present is faulty the Sale of Goods Act will protect you. It does not matter if the goods were bought online or in the high street.

You do not have to have a receipt but must have some proof of purchase (such as a bank statement). The consumer is entitled to a full refund.

If the goods were bought online you should not have to pay return delivery costs. If you do, this cost must be reimbursed by the retailer.

But trying to get transport or parking charges refunded would probably not be allowed unless you could prove exceptional circumstances.

For the first six months it’s up to the retailer to prove the product is not faulty or that you caused the fault.

Otherwise you are entitled to a repair or refund (see Our Verdict below). You may have to prove that the fault is inherent – that it was caused when the product was made.

An important point is that your contract is with the retailer and not the manufacturer. If you buy a faulty computer from a high street shop, that is the shop’s problem, not the manufacturer’s.

If it has been less than a month you do not have to accept a repair – you can ask for a replacement or refund. After a month the retailer only has to offer a repair.

Our verdict
The UK has strong consumer laws but retailers sometimes refuse to obey them.

Customers should be realistic too, though. If you continue to have trouble with returns or repairs, contact Consumer Direct (08454 04 05 06) or email our Consumeractive help team at consumeractive@computeractive.co.uk – we cannot personally reply to letters or emails.