Your rights to have dodgy Christmas presents repaired, replaced or refunded
Recipients of unwanted Christmas gifts may have consumer rights which entitles them to have the item repaired, replaced or refunded. Find out what your rights are.
National
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Recipients of dodgy or unwanted Christmas presents should check to see if they are entitled to a repair, replace or refund.
Many Australians will be left saddled with unwanted Christmas presents – some of which might not be exactly what was ordered or simply not up to scratch.
New statistics from the consumer watchdog, the Australian Competition and Consumer Commission, showed up until mid-December about 26,900 complaints were lodged about substandard goods.
In 2018 27,710 complaints were made.
And it was the more expensive items that were the most-complained about in the following categories – automotive (8300), electronics and consumer whitegoods (8190), homewares, furniture and manchester (1710), clothing and personal goods (1630) and non-store retailing (1310).
The ACCC’s deputy chair Delia Rickard if you simply don’t like the Christmas gift you received but there’s nothing wrong with it, “you don’t have any rights under Australian Consumer Law to return it”.
“But you may well have rights from the retailer, often there is goodwill and reputational benefits to let you exchange it or give you a credit note,” she said.
However, Ms Rickard said if the item failed to meet its description or was faulty you are entitled to have it repaired, replaced or refunded.
“If it’s a minor problem then the retailer can decide how to fix it, but if it’s a major problem then you get to choose what you want, whether it’s a repair, replacement or refund,” she said.
Ms Rickard said issues such as “ordering a size 8 and a size 16 turned up” or ordering something in red and it arrived in purple enables consumers to enforce their rights.
And the same rights apply to both purchases made either instore and online, however it could be more difficult to work out a remedy with an overseas retailer.
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The Queensland Consumers Association’s spokesman Ian Jarratt said it’s critical shoppers had proof of purchase before going down the path of returning the item.
“Consumers should always keep the receipt and if possible get it from the gift giver,” he said.
“Many retailers will only give a refund if there is a receipt, if no receipt often they will only give a credit.”
But he urged shoppers to contact the retailer as soon as possible and be patient.
“Always contact the retailer early about a problem, do not leave it for several weeks,” Mr Jarratt said.
“Do not get angry, know your rights and be polite and assertive.”
RETURNING GOODS
• Make sure you have proof of purchase such as a receipt or bank statement showing the purchase.
• Contact the retailer the item was purchased from.
• Explain the issue with the item and work out if you are entitled to a repair, replace or refund.
• If the item is faulty and purchased from an online retailer you should be entitled to be reimbursed for the postage costs to return it.