Returning a present

This page is about what you and the person you give a present to can do if it is wrong. It covers returns, faulty presents, online orders, gift cards, a shop closing down, age limits and toy safety.

This site does not sell presents or anything else.

Who can return a present

In a 2011 press release, Citizens Advice put it this way. "When you buy a gift for someone, all of the refund and return rights stick with you."

It said you can ask the shop to let you pass your rights on with the gift. If the shop agrees, it suggested having the other person's name recorded on the receipt. Then they can use your rights if the present is faulty.

Changing your mind

If you bought it in a shop, Citizens Advice says you don't have an automatic right to your money back if you change your mind and nothing is wrong with the item. It says it is down to the seller whether they offer you anything.

It also says lots of shops will take items back within 14 or sometimes 30 days, as long as they are not used. They don't have to by law. Ask the shop what its gift receipt lets the other person do.

Faulty presents

Under the Consumer Rights Act 2015, goods bought from a business must be of satisfactory quality. That includes safety and durability.

The buyer has 30 days to reject faulty goods, usually counted from the day after delivery. For goods that can be expected to perish sooner, the time is shorter.

Citizens Advice says only the person who bought an item can claim on its guarantee, unless the guarantee uses the phrase "third party rights". It says to look out for these words if you were given the item as a gift.

Presents ordered online

When you buy something you haven't seen in person, you usually get 14 days to cancel. If the present goes straight to someone else, the law counts the 14 days from the day they receive it. The right to cancel stays with you as the buyer.

The right does not cover personalised presents, or things that go off quickly, such as flowers or food. Citizens Advice says it also does not cover an item with a broken hygiene seal, such as earrings.

HMRC says a present you buy from abroad for someone in the UK will not be treated as a gift for customs purposes. That is so even if it is sent straight to them.

Gift cards

Which?, the consumer charity, says a gift card may have an expiry date, as long as the buyer was told about it when they bought the card. It says the terms from the time of purchase still apply after the card has been given as a present.

If you were given a card, Which? suggests asking the person who gave it to you what its terms are.

If the shop closes down

R3, the association of insolvency professionals, says people holding gift cards become unsecured creditors when the business enters insolvency. That means they join the list of people the company owes money to. Citizens Advice says others, like banks, are paid first, so you might not get any money back. R3 says no law makes the people running the insolvency accept the cards, although the card's own terms can make a difference. Otherwise it is up to them.

A buyer who paid by credit card for a gift card costing more than £100 may be able to claim under Section 75 of the Consumer Credit Act. R3 says this protects the person who bought the gift card, rather than the person holding it.

Citizens Advice says you should always register a claim as a creditor on the GOV.UK website.

Age limits on presents

In England, a shop must not sell Christmas crackers to anyone under 12. Party poppers can only be sold to people aged 16 or over.

Sparklers, garden fireworks and knives can only be sold to people aged 18 or over. A knife bought online must be handed to someone aged at least 18.

In England and Wales, buying alcohol on behalf of someone under 18 is an offence under the Licensing Act 2003.

Toy safety

The Office for Product Safety and Standards suggests some questions to ask before you buy. Does it have safety markings? Do you have the name and address of the manufacturer? It says that if not, these can be warning signs.

You can check for product recalls on GOV.UK.

Great Ormond Street Hospital says to keep button batteries and magnets out of reach of young children. If you think a child has swallowed one, it says to go straight to A&E. The Child Accident Prevention Trust gives the same advice for button batteries, and adds that you can call an ambulance.

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