COMMENT
What To Do With Problem Christmas Gifts

It's a sad fact but Great Aunt Ada doesn't always get it right with Christmas gifts. You're lucky if your present from her is simply ugly but what happens if it's supposed to do something but it doesn't work?

Purchasers have rights under the Sale of Goods Act to get a refund, repair or replacement of faulty goods as long as they've got proof of purchase. But recipients of gifts don't have the same rights because they didn't buy the item and, therefore, don't have a contract with the supplier.

In theory, you could ask Great Aunt Ada to take it back to the shop herself but even she has technically lost her rights because she's given the gift away and it is therefore no longer hers! Thankfully, just as many retail staff don't always know when the law is on your side, they also don't know when the law isn't so, if you've got a receipt you can usually get away with getting a refund, repair or replacement if the item is clearly faulty.

If challenged, however, your only recourse is to fall back on the manufacturer's guarantee. While you won't be legally entitled to a refund you should be able get the goods repaired or replaced.

Gifts that are simply unwanted are a different matter - you have no legal rights at all although most of the larger stores tend to operate a fairly flexible returns policy, especially after Christmas when the queues of people trying to rectify the mistakes made by their own version of Great Aunt Ada stretch out the door! You may have to make do with a credit note though rather than a cash refund and usually you'll be required to produce a receipt. How you explain to Aunt Ada why you want the receipt is your problem!

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