The tie too ugly, the toy boring: There are many reasons not to be happy about Christmas presents. Then after the festival the question arises: What to do with the failed surprises?
Almost as a matter of course, many gift recipients run into the shops to exchange the unwanted gifts. But sometimes a bitter disappointment follows. “In the case of flawless goods, there is basically no right to an exchange in stationary trade,” says the German Retail Association (HDE).
In fact, the popular belief persists that you have a right to an exchange. But there isn’t. However, this is no reason to be discouraged. “If consumers don’t like a gift, they should seek a personal conversation with the retailer,” says HDE spokeswoman Franziska Berg. Because especially at Christmas time, many of them are very accommodating.
German consumers spent an average of 299 euros on Christmas presents this year. At EUR 332, men are more generous than women, who spend EUR 260 on gifts, as determined by the Nuremberg market research institute GfK in a representative survey.
No statistics say exactly how many of them are exchanged. Just so much: The most popular Christmas present in Germany is the voucher, as reported by the trade association. Dealers do not have to take these back either.
It is still possible to get rid of unloved gifts and get the money back for them. But this is only possible under certain conditions. The most important thing is where and when something was bought. Those who know their way around here are not dependent on the good mood of the salespeople. An overview of how consumers can best proceed.
Unlike the revocation, there is no legal regulation for the exchange that would oblige the retailer in the store to take back goods. It is therefore a voluntary service. However, many shops are accommodating because they do not want to lose their customers.
“Since the seller doesn’t actually have to take anything back according to the law, he can set the conditions,” says the Hamburg consumer advice center. So he decides whether he exchanges the goods for another, refunds the money or issues a voucher.
It is often worth asking for an exchange, even without a legal claim. However, a purchase receipt should be presented and the goods should be stowed in the original packaging. In addition, it must not have been damaged by the customer.
Whether a retailer has an exchange rule is often written on the till receipt. If a business explicitly advertises a right of return, it must honor this. It’s always a good idea to ask about the exchange policy when buying a gift and get it in writing.
Larger stores and chains are often more willing to offer an exchange. Watch out for “Click
If an exchange or cancellation is not possible because, for example, you do not want to ask for the receipt for Christmas gifts or it is a used or homemade product, there are other ways to get rid of failed gifts.
Auctioning on Ebay, for example, is popular. Anyone who sells goods here as a private seller should ensure that the warranty is excluded in the sales text and that no right of cancellation or return is granted. However, selling fees apply.
Alternatively, there are online flea markets where products can also be offered free of charge, or swap sites such as swap tickets and eBay classifieds. Another option: Internet portals such as Rebuy and Momox, where, for example, used CDs, DVDs, books, electronic devices such as smartphones, tablets, game consoles and even clothing are bought.
However, the easiest way to get rid of an unwanted gift is to simply give it away. You should clearly separate your circle of friends to avoid unpleasant situations.
Unwanted gifts also lend themselves to scrap Secret Santa, a popular activity at Christmas parties that’s not so much about the attractiveness of the gift as it is about the surprise. Aid organizations, youth clubs, kindergartens or other institutions in the vicinity are often happy to receive donated gifts.
If you want to be on the safe side, when shopping online, make sure that you are dealing with a dealer within the European Union. Because here there is a 14-day right of withdrawal without giving reasons, just like in Germany.
As in this country, there are also similar exceptions, for example for tickets or DVDs and CDs that have already been opened. In addition, there are no customs and import taxes within the EU that would complicate returns and refunds.
EU consumer protection rules always ensure a two-year minimum guarantee, regardless of whether the goods were bought in a shop, over the phone, from a catalog or online.
Outside the EU, on the other hand, things get more complicated. Here, the states regulate the statutory right of withdrawal differently – or have none at all. Sometimes it is also at the discretion of the retailer. In any case, it is advisable to find out about a possible return at the time of purchase.
In the event of a return, consumers should also check who bears the shipping costs. Because they can quickly exceed the price of the product. In addition, apparently not all dealers from non-European countries are familiar with the customs requirements. This often means that buyers have to go to the customs office in their city in person to clarify the formalities and pay any fees that may arise.
Anyone who buys online, on the phone or via a catalog has better conditions for returning their goods. Because in these cases, the consumer has concluded a distance contract with a company, which can be revoked within 14 days of receipt of the goods without giving any reason.
However, this only applies to purchases from commercial dealers, not from private individuals who offer products via portals such as Ebay, because they can exclude the right of withdrawal there. This 14-day period can also be extended by the dealer.
Most items purchased from Amazon in November and December can be returned until the end of January, while Media Markt will take back products purchased between November 1st and December 17th until the end of the year.
However, such an extended cancellation period is voluntary. A revocation can be made verbally, by e-mail, fax or letter. If the goods are returned without comment, this does not count as a revocation.
Some items are non-returnable, including products that have been custom-made, such as tailored suits. Tickets for events with a fixed date, fresh groceries and opened DVDs and CDs are also exempt. This also applies to hygiene items where the seal has been destroyed. If a purchase is revoked, the goods do not have to be returned in the original packaging.
According to the law, anyone who buys a new product has a two-year warranty, also known as liability for defects, which the retailer must grant. For used goods, the guarantee is valid for at least twelve months, but can also be offered for longer.
It covers defects that the product had at the time of purchase. If the dealer believes that this only arose after the purchase, he must prove this within the first twelve months. After that, the burden of proof is reversed and the buyer must show that the defect already existed at the time of purchase.
Consumers can request within the warranty that the retailer repairs or replaces the product. If the repair fails twice or if the goods have been exchanged in vain, the buyer can demand a refund of the purchase price.
Private individuals can also exclude a guarantee when selling, for example, via an auction platform such as Ebay. However, you must state this in the sales text.
A guarantee, on the other hand, is a voluntary additional service that is granted by the manufacturer and sometimes also by the retailer. It refers to damage that only occurs during use. Wear parts are often excluded from this. In guarantee cases, however, there are always disputes in which manufacturers exclude the guarantee case. Consumer advocates advise customers to remain persistent.
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