There are few situations more awkward than receiving a dud Christmas present.
The feigned delight. The genuine dilemma over what to do with the gift. The guilt of storing it in your cupboard. Or worse, tossing it away . . .
But it doesn’t necessarily have to be this way. Thankfully consumer law offers the prospect of Yuletide salvation.
If the gift happens to be faulty, there’s a good chance of getting a refund or replacement. And it’s likely you won’t even need to bother whoever gave it to you for a receipt.
Faults fall into two categories: minor and major.
Minor faults include things such as loose threads on clothes – in other words, the item is still wearable, but not in the condition it should be. In these circumstances, the vendor first has the opportunity to repair the fault. If they cannot do so, a refund or replacement must be issued.
Major faults are those which make a product unsafe, or unfit for purchase. Defective goods like these must either be replaced or refunded.
Regardless of the category, no receipt is required – just proof of purchase such as a bank statement or warranty. It also doesn’t matter whether or not the faulty product has been removed from its packaging.
But what if the gift is in perfect working order and the problem is you just don’t want, need or like it?
Getting a refund or replacement under ‘change of mind’ situations can be trickier. It will most likely depend on the terms under which the purchase was made. And even if the returns policy is generous, the attitude of the sales manager could play a role. Keeping a receipt and the product’s packaging intact will help your cause.
Tonkin Drydsdale Partners have extensive knowledge of consumer law. If you have problems with a purchased item that’s not fit for purpose – please don’t hesitate to contact us for assistance.
In the meantime, Tonkin Drysdale Partners would like to wish all its clients and their families, and the Central Coast community a Merry Christmas and safe holiday season.
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