What to do with ugly or unsuitable Christmas presents

Although many consumers are still off this week, there is a sense of more normality, and at least we all know what day of the week it is. Consumers like to have this week free between Christmas and New Year because it gives them time to tidy the house and pack away all the gifts – and get rid of the ones they find ugly or unsuitable.

Now that the wrapping paper has been picked up, the next question that comes up is what you can do with that ugly Christmas present. It could be an ugly sweater or an electronic device that does not work that you would like to exchange after Christmas, but if they do not work or if they are ugly, they have to go – but where?

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This is how to get rid of a gift that is ugly or unsuitable

There are various ways to get rid of a gift that is ugly or just not your taste. There is nothing wrong with it – you simply do not like it. There are various things you can do if you do not have a receipt and the shop refuses to take it back:

• The white elephant party: You are not the only one who sometimes gets gifts you just do not like. Have a tea party and ask each guest to bring their white elephants or hated gifts. You can then either swap them or sell them and donate the money to a charity. And yes, some people have a use for car seat covers in a zebra pattern.
• Donate to a charity: You can donate the gifts you hate to a charity shop that will sell them and use the money for a good cause. If the gifts are simply something you now have two of, such as a kettle, you can also donate that to a charity that needs one (and add a packet of sugar and a packet of tea).
• Regift the gifts you do not like: You can regift if the gift is not that horrible, but is something you simply do not like or use. (Just be careful that you do not regift where the same person who gave it to you is present.

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Returning the gift to the shop

And then you can return the gift to the shop and ask for a refund or exchange for maybe another colour. Either way, 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?

This is what the Consumer Protection Act (CPA) says about exchanges in Section 20, which gives you the right to return goods and receive a full refund if:

• The supplier delivered goods ordered during direct marketing, and you cancelled the agreement during the cooling-off period
• You did not have an opportunity to examine the goods before you bought them, and after you examined them to check the type and quality, you were not satisfied, or if they were specially made for you, they did 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 of the CPA, you can exchange goods that are unsafe or defective.

However, there are goods that you cannot return or exchange. According to the CPA, 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.

You can also not exchange underwear or swimwear for reasons of hygiene.

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Where the CPA gives you the right to return or exchange that ugly gift

The CPA makes it possible to exchange goods if you have an invoice or receipt to prove you bought them. 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.

But what happens if you would 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 you paid for them. 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 restocking, unless you had to destroy the packaging to determine if the goods conformed to the description or sample, if you could not examine them before delivery or were fit for the intended purpose.

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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 CPA only applies if it has a defect.