Santa missed the memo on presents? Overspent and need to return gifts? Perhaps you got something, eh, ‘thoughtful’ but terrible from a loved one. Or maybe you’re going a bit bonkers in the sales and nothing now goes with anything you’ve bought.

This is the time of year when we realise that our shopping habits weren’t the best and we’re desperately looking for excuses to return and get a refund. But when are you entitled to do this, and when is it time to re-gift instead?

Returns rights are not as clear as you might think. Because many stores are after your goodwill, they can be very obliging in allowing customers to take back purchases and get a refund or store credit, but in many cases this is simply because they want to keep your custom. There is no legal right to a refund.

Statutory rights

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Your legal rights are laid down in law, specifically the Sale of Goods and Supply of Services Act 1980 and EU directive 99/44 and subsequent legislation.

Essentially you are entitled to a repair, replacement or refund only if the item you bought is not as described, unfit for purpose or not of merchantable quality.

That’s it.

“I changed my mind” or “it didn’t fit” or “it was the wrong colour” isn’t a statutory right. If a shop chooses to let you return it, then that’s goodwill and you should be grateful.

Your statutory rights are unchanged even if you buy in the sales. A discounted price does not mean fewer rights, unless the item is being purchased marked ‘as seen’ or ‘shop soiled’, in which case you take the risk.

Example 1: Mary bought a pair of yellow trousers in a shop to match a jacket she has at home. She realises the following day they’re different shades and wants to take them back for a refund. The shop says no.

In this case, the store is perfectly within its rights and does not have to offer Mary anything. If it offers her a credit note, she should accept it with gratitude.

Example 2: Aoife received a mobile phone for Christmas which stopped working a week later. She brought it back to the shop with the gift receipt. The shop offered to repair it, but Aoife wants a new phone.

In this case, the shop has the right to attempt repair first. If that doesn’t work, Aoife is entitled to a new phone.

Online v Main Street

Your rights are stronger if you buy online anywhere in the EU, including from an Irish website.

This is because the law recognises you cannot examine an item first before you buy from the internet. Therefore, you have the right to return it within 14 days of receipt, including ‘change of mind’. However, you may have to pay for postage and there are some exceptions, notably perishable or personalised goods, hotel bookings and tickets to concerts etc, which are excluded.

Example 1: Michael buys a festive reindeer jumper for his gran online from a Spanish retailer. She hates it and wants bath salts. He has the right to return it.

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