There are rules on what you can and cannot do if you want to return a present you did not buy
You may be able to return a Christmas gift you do not like – even if you weren’t the one who bought it. Money Saving Expert (MSE), founded by Martin Lewis, has outlined how to navigate the situation.
However, there are specific rules you’ll need to follow. In their consumer rights Q&A titled “can I return goods that are a gift?’, MSE explains that typically, you can’t return a gift yourself because you do not have a contract with the store – the person who purchased it would need to handle the return.
That said, there are exceptions. If the gift is faulty, you may be able to work something out.
Additionally, if the buyer requested a gift receipt or informed the store the item was a gift (and included your name), you might be able to return it – and maybe even when it just wasn’t to your taste. You can make the gift giver’s purchase your contract too “by ‘conferring the benefit of the contract’ under the Contracts (Rights of Third Parties Act) 1999” the experts explain.
So when buying an item for someone, they need to make it clear it is a gift. When doing this, the person should mention – in writing ideally – the person’s name or description such as being a friend or family member.
MSE states that “this extra term then becomes part of your contract too.” So if the gift is faulty “you as the recipient (with a gift receipt) should be able to return the item for a refund (though the retailer may insist that the payment be refunded to the same card).”
If it’s not faulty and you don’t want it, MSE stress that your rights under the Consumer Contracts Regulations only apply to the original purchaser. This means the person who bought it may have to return it.
If it was a freebie, there’s potentially no contract with the supplier, “so you’re not entitled to get a faulty item fixed”, MSE say. But if it was a free item with a purchase such as a free laptop when you take out a phone contract, that’s different.
In that case, the MSE website reveals you have what they amusingly call “SAD FART rights” just as you would do if you paid for it. And they urge people not to let sellers fob them off.
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What does MSE’s SADFART stand for?
- S atisfactory Quality
- A s
- D escribed
- F it for the purpose
- A nd last a
- R easonable length of
- T ime
