Can you exchange that awful or defective Christmas present?

Now that Christmas is again 362 days away, the wrapping paper has been picked up, and you try to digest the last of the Christmas food, the next question that comes up is whether you can exchange that ugly Christmas present even if you do not have the receipt.

Everybody has a story about Christmas presents that are really ugly or that you will never want or use. Or maybe it is not working, and you would like one that works. Can you exchange it?

Most stores will be quite willing to exchange a Christmas gift, especially if you do it in the week after Christmas. It will be even easier if you go to the store where the gift was bought and even easier if you have the receipt. But who wants to ask for a receipt for a gift?

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This is what the Consumer Protection Act says about exchanges

Section 20 of the Consumer Protection Act (CPA) gives you the right to return goods and receive a full refund if:

• The supplier delivered goods ordered during direct marketing, and you cancel the agreement during the cooling-off period
• You did not have an opportunity to examine the goods before you bought it, and after you examined it to check the type and quality, you were not satisfied, or if it was specially made for you, it does not conform to your specifications
• You rejected a mixture of goods that contained goods you did not order
• The goods are not fit for the purpose you bought them for (within 10 business days if you informed the store that they are not fit for purpose).

This means that you can return goods that do not work, and according to section 56, you can exchange goods that are unsafe or defective.

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You cannot return or exchange these goods

You cannot return goods if it is prohibited by public health regulation. You can also not return goods that have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within other goods or property.

Underwear or swimwear cannot be returned or exchanged.

Exchanges

You can usually only exchange goods if you have an invoice or receipt to prove you bought it. Fortunately, most big stores are happy to exchange goods shortly after Christmas without a receipt, unless it is something that was especially made for you.

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If you rather want the money

In terms of section 20 of the CPA, you can return unopened goods, and the store must refund you the full price paid for it. However, the store can deduct a reasonable amount if it is in its original condition and repackaged in the original packaging for:

• Use of the goods during the time it was in your possession, unless it is something usually consumed or depleted by use and it was not consumed or used or
• Consumption or depletion of the goods is limited to a reasonable amount necessary to determine if the goods were acceptable
• Necessary restoration costs to render the goods fit for re-stocking, unless you had to destroy the packaging to determine if the goods conformed to the description or sample if you could not examine it before delivery or were fit for the intended purpose.

Remember: you do not have the right to exchange something for the simple reason that you do not like it. You can only depend on the goodwill of the store to exchange a Christmas gift you do not like. Your right to exchange something in terms of the Consumer Protection Act (CPA) only applies if it has a defect.