Unwanted Christmas gifts - do you have any right to a refund?

By Emma Tyrrell

21 December 2005

Picture the scene. You reach excitedly for that final present, beautifully wrapped in spangly gold paper and nestling under the Christmas tree. You squeeze the interestingly squishy package, and then breathlessly tear it open to reveal… a novelty Christmas jumper, with Santa and all his reindeer resplendently rendered in rich embroidery on the front.

We've all received an unwanted Christmas present at some point. My particular presie low point was a Nativity scene spoon-rest, but be it that, a “fun” tie, or a copy of Slade's Greatest Hits, you will have gritted your teeth, summoned up a thankful smile and uttered the immortal words: “Thank you, that's just what I've always wanted.”

So what are your options if you end up with a load of unwanted gifts this Christmas?

According to a survey from the Post Office, which is trying to flog gift vouchers as an alternative option, 15 million presents worth over £400 million will disappear into a “Gift Black Hole” this year alone. Unwanted, but not returned to the retailer, just over half of these gifts will be donated to a charity shop. Another 30 per cent will be stored away and never used, while 17 per cent will actually be repackaged and given to someone else. Two per cent will simply be thrown away.

But what if you want to try and get a refund or exchange – do you have any rights?

Unfortunately, unless the present is actually faulty, not as described, or unfit for its purpose in some way, you don't have any legal right to a refund or replacement. The only exception to this is if the present was bought online, or by phone or post – from a catalogue for example. Then the buyer has seven working days from receiving the goods to return them.

That means that you'll have to ‘fess up to not liking the present they've so carefully chosen, as with online purchases it's the buyer that has to return the goods. It also means that – assuming you're organised enough to get them to return it on December 28 (the first working day after Christmas 2005) they will have had to have bought no later than December 15.

So what if the present was bought on the high street – should you just roll over and accept that that Santa jumper will be with you for all eternity?

The Office of Fair Trading suggests checking the shop's “goodwill policy”, it being the season of goodwill and all that. Although they don't have to give you anything, many retailers will allow you to exchange within a certain period or give you credit vouchers to the value of the gift, as long as it is unused and still in its packaging. Some may even give a refund, but for this they will want to see a receipt as proof that the item was purchased from them.

We contacted a number of major high street retailers and asked their policy on refunds and exchanges, both with and without a receipt.

As you might expect, Marks & Spencer's policy stood out as one of the most generous. If you take a gift back with a receipt, within 90 days of purchase, M&S will offer you either a refund, an exchange or a credit note. Even without a receipt you will still get credit vouchers, but if the item has been reduced the policy is only to pay out credit vouchers to the last known value, so if that £30 top has been reduced to £10, £10 is what you will get.

From personal experience, however, I know that store managers and customer service staff may be flexible on this. If you know that the item was bought at the end of November, say, the store may agree to refund you the price at that point.

The others stores we contacted, including John Lewis, Debenhams, Next, HMV and Virgin Megastore, all said they would offer an exchange if you bring in an unwanted Christmas present with a receipt. Most said the item had to be returned within 28 days of purchase, though some said they stretch this after Christmas. Next, for example, will stretch its normal 28 day returns policy so that Christmas gifts can be returned up until January 29, while HMV, with a usually stingy 21 day returns policy, says that anything bought in December can be returned up until the end of January.

Most of the stores will also offer a refund with proof of purchase, although one exception was Virgin Megastore, which will only offer an exchange or credit note, even to the person who bought the gift. Bizarrely, if the gift was bought from Virgin Megastore online, the buyer can get a full refund by sending it back within 28 days. In store, you'll have to settle for another CD, DVD or similar, however.

Without a receipt you'll have more trouble getting even an exchange or credit note. HMV and Virgin Megastore both say no way.

Like Marks & Spencer, Debenhams will offer an exchange, but if the current selling price is lower than the price paid, that's all you'll get. Next, with its offer of an exchange or gift vouchers, is a bit more generous, as it will pay the original purchase price even on items that have since gone into the sale, as long as their label is not marked in red.

John Lewis leaves it up to the manager's discretion whether or not to allow an exchange without a receipt. If you're trying to take a gift back to John Lewis therefore, it's probably a good idea to appear as smart, respectable and polite as you are able to.

Essentially store returns policies vary so much, that it is always worth checking before consigning that unwanted gift to the back of the wardrobe. Even if the store policy is against you, managers can often be flexible, stretching time limits and offering credit notes or exchanges.

And buyers, if you still have Christmas shopping to do and you're uncertain of your gift-picking abilities, it is worth asking what the returns policy is before you buy. Some stores, M&S and Debenhams among them, will give you a gift receipt which doesn't show the value of the item, but allows the recipient to take the present back for an exchange if they don't like it.

If all else fails, and you really can't get shot of your Santa Claus jumper, try flogging it on ebay. After all, what may seem novelty tat to you may be a long searched for dream possession to someone else. Now where did I put that Nativity scene spoon-rest?…