We all regard receiving presents as a pleasant experience and yet it can be one of the most awkward situations. It is often difficult to look pleased when you receive a gift which is entirely useless or the wrong size.
1[■] However, you have no right to change an article purchased just because it does not fit or is not to your liking. Worse still, the agreement on the sale is between the person who bought it and the shop.
So you will have to tell your favorite aunt that the T-shirt does not fit. But an exchange is not always that simple because there has to be a good reason for it. 2[■] For example, if the buyer was told that a switch was voice operated and later found out it was not, then action could be taken. You would have the right to return it and get the money back.
But if you are returning something, no matter what the reason is, you will be expected to have proof of purchase. If the receipt cannot be found, then it is possible to use another proof of purchase such as a credit card receipt. 3[■]
Many big stores have a much more tolerant policy towards returns and see it as a gesture of goodwill to exchange goods without question. Stores including Marks & Spencer are well known for their “no argument” policy on returned goods. 4[■]
So if a shop refuses to exchange the goods or to offer a refund(退款), the seller is likely to be within his legal rights unless there is something wrong with the goods. In that case, the boot is on the other foot. You have every right to demand a cash refund or a replacement, but only if you have returned it within a “reasonable” time.
5[■] Some shops and stores expect things to be returned within a week of purchase, while others may permit a much longer time limit. In any case if you return a thing after what is considered a “reasonable” time, then all you are legally entitled to is the cost of repair.