Christmas is just around the corner, and with it comes a moment especially awaited by children, though also pleasant for older revelers, namely opening the presents found under the Christmas tree. Some dreams will come true, but some of us are in for a disappointment – and not in the form of a switch. Unwanted gifts are troublesome both for the giver, who is sorry that their holiday surprise was not a success, and for the person who does not know what to do with such a gift. Usually, we simply throw away unnecessary items, including unwanted gifts, or shove them to the bottom of a closet and forget about them. A better solution, however, is to pass such a gift on to someone who might like it. While we may feel embarrassed passing on an item we received ourselves, it is better for it to remain in circulation and find someone it will bring joy to than for it to clutter our home or end up in a landfill.
We do not have to pass the received gift directly to another person – we can always try to return the item we are not satisfied with. The condition is having proof of purchase, which the giver likely has. We may not be sure if it is appropriate to ask for it, but unless we are professional actors, the person who gave us the unwanted gift probably realized from our reaction that we did not like it and will understand that we want to return it.
The general rule for returning full-value goods is that the seller is not obliged to accept them from us unless they agree to do so – it is their right. Fortunately, many stores meet consumers halfway in this regard. For example, in most clothing stores, we have a specific number of days from the date of purchase to return an item, provided it shows no signs of use – it has all original tags attached and we have the aforementioned proof of purchase. Similar rules are adopted by home furnishing chains, except that here we are required to return the item with its original packaging. It is worth remembering that since accepting a full-value item for return is a right and not an obligation of the seller, they can freely shape the conditions for accepting such returns. For example, they may specify that they generally honor returns, but this does not apply to part of the assortment. Sticking to the clothing store example, this would be underwear and accessories.
So far, we have dealt with goods bought in traditional, brick-and-mortar stores. However, the situation looks completely different when unwanted gifts were bought online.
– In the case where purchases are made remotely – that is, for example, in an online store or by phone, the consumer is entitled to the right to return the goods within ten days from the date of receipt of the shipment. This stems from the assumption that without the possibility of direct contact with the product, we may have a problem determining whether it will actually suit us. Therefore, the legislator introduced such a safeguard. This return consists of withdrawing from the sales contract concluded remotely, explains Jarosław Banacki, initiator and founder of the portal advising consumers JakKupowac.pl.
In this situation, we will also have to ask for help from the person from whom we received the unwanted gift. The letter in which we request the cancellation of this contract must be signed by the person who concluded it. However, when we use the withdrawal from the contract, the seller cannot refuse to fulfill our request or make it dependent on any special conditions, e.g., paying a handling fee. The only cost we incur in such a situation is the cost of return shipping to the store. Of course, we are in a completely different situation if we want to return a gift not because it was unwanted and we do not like it, but because the product turned out to be defective. Then we do not withdraw from the contract, but can pursue our rights by citing non-compliance with the contract, or – if possible – the warranty provisions.
Non-compliance of goods with the contract occurs when, due to the defectiveness of the goods, they cannot be used for the purpose for which they are usually used or when they do not have the functions or properties that we would expect from a product of this type. This also applies to the manufacturer’s assurances, e.g., in advertisements. This means that if we buy a mobile phone that was advertised as created specifically for social media addicts, and these applications are glitchy, we can pursue our rights by citing non-compliance with the contract. One just needs to remember that this entitlement is available to us for two years from the date of purchase and applies to defects that already existed at the time of purchasing the product.
The right to a claim due to non-compliance of goods with the contract applies to all products. It looks different in the case of a warranty. This is a type of additional protection, voluntarily granted by the manufacturer. Most often, a warranty is granted for more expensive products of high value that are intended to serve us for a long time. Since granting a warranty is not an obligation of the manufacturer, they can freely shape the terms of each warranty agreement. They specify for what period of time the warranty is valid and which elements or functions of the product it covers. On the other hand, within these established conditions, the manufacturer undertakes that the given product will not have any defects. It does not matter whether the defects, if they appear, existed at the time of purchase or not.
From the above examples, it is clear that there are many possibilities for returning unwanted gifts. Although it is better to return a gift than to hide it at the bottom of a closet, such a situation is not pleasant for us or the giver. Therefore, it is worth thinking carefully before going on holiday shopping about what might actually be a good gift. Internet forums or portals advising consumers, where we can find inspiration that will make it easier for us to choose Christmas gifts, can be helpful in this. When we know what we are looking for, we will avoid nervous last-minute shopping and the awkwardness associated with returning unwanted gifts.
Advice provided by the portal www.JakKupowac.pl