Coronavirus Travel Rights
23 April 2021
Whether it's a Christmas jumper that doesn't fit or a gadget you'll never use, chances are at some point you've received a present you don't want. But there's no need to let an unwanted gift go to waste – this guide explains how to return it, sell it, regift it or just give it away.
Before we get into the full guide, here's a quick general summary of your return rights as set out in the law.
It's also worth noting:
Now let's go into more detail with our returning unwanted Christmas presents FAQs...
Regardless of how they bought an item (whether in a store, online, by phone or mail order) if you're returning an item that's faulty, by law the buyer can get a full refund if they return it within 30 days, though it's safest to do it ASAP. After 30 days, the store's obliged to provide a repair or replacement item in the first instance – though of course it may choose to offer you a refund if you ask.
If you didn't buy the item but have a gift receipt, many stores effectively transfer the same rights to you, though this isn't specifically stated in consumer law. Even without a gift receipt, it's worth trying as you never know.
When you buy an item from a retailer, you have basic statutory rights. An item you buy (or has been bought for you) must be of satisfactory quality (ie, not broken or damaged), as described, fit for purpose (ie, not unusable) and last a reasonable length of time (which will vary by item).
Know your SAD FART rights. Goods bought must be...
Other faulty item need-to-knows
Even if the item's second-hand or reduced, it doesn't mean you get second-rate consumer rights, except where the seller pointed out the specific problems before you bought.
The same consumer rights rules apply to second-hand and sale goods from shops. They must be of satisfactory quality and, if they're faulty, you can return them. It's worth stressing that the second-hand price will be taken into account.
Watch out too if the goods were uber-cheap because of a blindingly-obvious flaw. In this case, the shop could refuse to refund you.
For second-hand goods from a private seller (someone who doesn't sell goods for all or part of their living), your rights are nowhere near as strong as when buying from a shop.
The only protection is that it's correctly described and the owner has the right to sell it. So if the seller says nowt or little about the goods and you buy it, then that's it. Even if it's shoddy, you weren't mis-sold, so have no comeback. Though you do if they lie to you.
When returning items, beware shops trying the oldest trick in the book – saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense.
If a company fobs you off by saying "go to the maker instead", it's wrong. It's the retailer's job to sort it.
It doesn't matter if it's an iPad from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.
Legally, neither you nor the buyer have any automatic right to return items bought in stores, unless they're faulty.
Many shops have their own, more generous return policies, which means the buyer may be able to return the present and get a refund, exchange or credit note. But if that's the case, this is a voluntary goodwill gesture offered at the shop's discretion, not a legal right – and it doesn't necessarily extend to you as the recipient.
That said, many shops do allow the recipient to return gifts even if they have a gift receipt or proof of purchase, such as the sales receipt. Again it's a voluntary goodwill gesture, and it's much more likely you'll get an exchange or credit note rather than a refund, but it's usually offered if you ask, particularly by big chains, so it's always worth trying.
Of course, if you weren't given a gift receipt when you got the present, or any other proof of purchase, then you may need to have an awkward conversation with whoever bought you the gift to get some proof of purchase to be able to return it. If you're uncomfortable doing that, you could try with the store anyway, but there are no guarantees it'll work.
If your gift was bought online, over the phone or by mail order, then the good news is the person who bought it has return rights under the Consumer Contracts Regulations. Though as we explain later, some stores may have more generous voluntary policies.
Essentially, they have 14 days after they receive their order to notify the seller that they intend to return the item and get a full refund – and if they choose to do this, they then have a further 14 days after notifying the seller to actually return the item. So even if there's nothing wrong with the item and you just want to get something else, unless it's something perishable or personalised, you can ask the person who gave it to you to return it. However, if not faulty, you may still need to pay delivery costs.
If you have a gift receipt, while you don't have the same legal rights, most stores will allow you to exchange something, even if they won't offer a refund. For example, Marks & Spencer says if you have a gift receipt for an item bought online, you can return it to one of its stores and you'll receive a credit note. If you return it via the post, the refund will go to the original payment card.
Without a gift receipt, even if a retailer does let someone other than the buyer return an item, you'll still probably have to go via the buyer, as any refund would go to the original payment card and any exchange would likely be delivered to the same address.
As we've already stated, you don't have a legal right to a refund or exchange for items bought in-store that aren't faulty, though you have more rights online. Yet many stores have more generous policies in reality. Let's assume for this example that the store is willing to offer something...
Return rights, whether legally enforced or voluntary, generally apply only to the person who actually paid for the item, and you'll usually need a receipt to prove it.
However, if you have a gift receipt or the present-giver got the shop assistant to write both on your receipt and the store's copy of the receipt that it was a gift, eg, 'bought as a gift for Bob', then having this should help you as the recipient can at least exchange the item.
While gift receipts aren't specifically covered by consumer rights law and aren't offered by every retailer, if a store's willing to provide a gift receipt, it generally means it's willing to help you.
Set out formally, your legal rights may seem limited, but as explained above, the reality is that in practice most shops are more lenient if you're only asking for an exchange. In fact, over the Christmas buying period many retailers actually extend these policies to allow more time for people to return gifts in January. See our table of retailer-by-retailer returns policies.
It varies between stores, so it's worth checking. For example, John Lewis' standard refund policy allows customers to return items and get a refund within 35 days. However, over the Christmas period it extends its policy, so this year goods bought after 8 October 2020 have until 28 January 2021 to be returned.
While Marks & Spencer normally operates a 'goodwill' returns policy, which gives customers 35 days to return or exchange an item with a receipt, for items bought online from 4 October 2020 to 27 December 2020, it has an additional Christmas returns policy, which means if the 35 days have expired you can still return items bought online until 31 January 2021.
Bear in mind that if the item you want to return isn't faulty, you may still need to pay delivery costs to return it, but this will vary by retailer.
Non-essential shops are currently closed throughout the UK following tighter Government restrictions. Due to this, many stores are giving you more time to return items once they reopen, as you'll see in our retailer-by-retailer table below.
We've taken a sample of popular retailers to show how they've extended their returns policies. If your retailer isn't here, it's worth checking its website if it has one, as the majority we checked had updated returns info.
|Retailer||In-store purchases||Online purchases|
|How long do you normally have to return goods?||How long do you currently have?||How long do you normally have to return goods?||How long do you currently have?|
Purchases from 18 Oct 2020 can be returned up to 24 Jan 2021
Store closed? Can return to Argos in Sainsbury's, or within 30 days of stores reopening
|30 days||Purchases from 18 Oct 2020 can be returned up to 24 Jan 2021|
Purchases from 19 Oct-24 Dec 2020 can be returned up to 31 Jan 2021
Store closed? Returns can be made 28 days from reopening
|Notify within 14 days of receipt, then another 14 days to return||Purchases from 19 Oct-24 Dec 2020 can be returned up to 31 Jan 2021|
|Halfords||30 days||90 days (for all purchases from 24 Feb 2020)||30 days||90 days (for all purchases from 24 Feb 2020)|
Purchases from 1 Nov 2020-3 Jan 2021 can be returned up to 31 Jan 2021
Store closed? Returns can be made 28 days from reopening
|28 days||Purchases from 1 Nov 2020-3 Jan 2021 can be returned up to 31 Jan 2021|
|John Lewis||35 days||
Purchases from 8 Oct-24 Dec 2020 can be returned up to 28 Jan 2021
Store closed? Returns can be made up to 35 days from reopening
|35 days||Purchases from 8 Oct-24 Dec 2020 can be returned up to 28 Jan 2021|
Purchases from 4 Oct-27 Dec 2020 can be returned up to 31 Jan 2021
|35 days||Purchases from 4 Oct 2020 can be returned up to 31 Jan 2021
|New Look||28 days||
Purchases from 15 Oct-24 Dec 2020 can be returned up to 31 Jan 2021
Store closed? Returns can be made once stores reopen, but it doesn't give a specific time limit
|28 days||Purchases from 15 Oct-24 Dec 2020 can be returned up to 31 Jan 2021|
|Topshop||28 days||Purchases from 2 Nov 2020 can be returned up to 31 Jan 2021||Notify within 14 days of receipt, then another 14 days to return
||Purchases from 2 Nov 2020 can be returned up to 31 Jan 2021|
If you weren't given a gift receipt and the item you're returning isn't faulty, it's definitely worth trying to get the original receipt from the person who bought the present – some shops may allow you to return items without one, but it depends on the individual store's returns policy.
If the gift is faulty, you don't need a receipt – you simply need to show 'proof of purchase', eg, a bank statement or credit card statement.
Not necessarily – but if you don't have it, you may find it difficult because some shops will only process refunds via the same payment method. So if your Nan bought that scarf on her debit or credit card, it won't be possible to give you cash for it. You may have to settle on exchanging the item or getting a credit note.
Absolutely. This is probably the easiest and most cost-effective way of disposing of an unwanted gift.
It might be a good idea to keep a drawer or cardboard box in your wardrobe for such gifts and make it your first port of call before you buy anything new. Just make sure you don't give it back to the person who gave it to you in the first place. Putting a tag on it when you receive it will help prevent any future regifting embarrassments.
Yes, this is an excellent option. Flogging your unwanted presents is a good way of converting them into cash without offending anyone.
You can try selling items on eBay, local Facebook selling groups and other sites such as Gumtree – but bear in mind that in January lots of people will be doing the same, so prices can dip. See our 40+ eBay selling tips and Facebook Selling guides for more.
For DVDs or books, there are specialist trade-in sites which make selling quick and easy, though again you may not always get the best price.
In normal times, charity shops across the UK would be crying out for unwanted or duplicate gifts. However, because of Government restrictions, charity shops are currently closed in the UK except for in tiers one to three in England (although some in those areas may still be shut or have special rules for giving donations).
It could be worth checking with your local charity shop, as some may be accepting donations by post, especially if they sell online. For example, the British Heart Foundation accepts smaller items such as branded clothing, jewellery and books using its Freepost donation service.
Clever ways to calculate your finances