Commissioner for Consumer Protection has responded to this time of the year when people considered returning faulty or unwanted gifts.
“Whether a retailer will accept a returned item could depend on your reason for returning it,” the Commissioner said.
“If a product is faulty or not fit for its intended purpose then the retailer is obliged under the Australian Consumer Law (ACL) to offer you a remedy in the form of a repair, replacement or refund.
“However, if it’s not the right colour for you, is the wrong size, or you got the same gift twice, then it is entirely up to the store’s own returns policy as to whether they will exchange it, or offer a refund or store credit.”
The Commissioner said it was reasonable for the store to want to see the receipt as proof of purchase, so consumers would need to get that from the person who gave them the gift.
“We recommend keeping the receipts for all Christmas purchases because, without a receipt, the consumer must rely on the retailer’s goodwill.
“The store is more likely to agree if the gift is returned with its original packaging so we suggest that this is kept for a short time after Christmas.”
The Commissioner said however that if the product was faulty, the lack of packaging should never be a reason for a retailer not to offer the consumer a remedy.
“Retailers are not allowed to mislead you about your ACL rights, including telling you to approach the manufacturer or importer of the product for help.
“The retailer must always deal with the problem when approached,” the Commissioner said.
