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Christmas a time of giving and returning gifts

Issue Date:  -  Thursday, 24 December 2009

Christmas is a time of giving but post-Christmas is when Consumer Protection receives a spike in consumer complaints with regard to gift returns and refunds.

During last year’s post-Christmas period, Consumer Protection's Contact Centre received more than 1,300 enquiries from customers about their rights when returning Christmas presents and expect the same volume this year.

Commissioner for Consumer Protection Anne Driscoll said there may be some confusion about consumers' rights when it comes to returning gifts.

"Clearly if a product is faulty or not fit for its intended purpose then the retailer has a legal obligation to offer the consumer a remedy in the form of a repair, replacement or refund," Ms Driscoll said.

"However, if it’s the wrong colour or wrong size or you got the same gift twice, then it’s entirely up to the store’s discretion as to whether they will exchange it or offer a refund or store credit.

"It’s reasonable for the store to want to see the receipt as proof of purchase so consumers will need to get that from the person who gave them the gift. We recommend keeping the receipts for all Christmas purchases because, without a receipt, the consumer must rely on the retailer’s goodwill.

"The store is more likely to agree if the gift is returned with its original packaging so we suggest that this is kept for a short time after Christmas. If the product is faulty, however, the lack of packaging should never be a reason for a retailer not offering the consumer a remedy.

"If people have received gift vouchers as Christmas presents, it’s important that they check the terms and conditions and redeem it before the expiry date. Gift vouchers are like cash – if you lose it, you can’t claim it so keep it in a secure place until you are ready to go shopping.

"If you buy a $40 item with your $50 voucher, the store is also not obliged to give you the change in cash, only in store credit."

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Media Contact: Alan Hynd, 9282 0961 or 0429-078791, alan.hynd@commerce.wa.gov.au