Return of a gift

After Christmas Eve, one of the most frequently asked questions is whether a misplaced Christmas gift can be returned. The answer depends on where the gift was bought.

Gift purchased from an online shop

A gift purchased online can be returned without stating a reason for the return within 14 days of the actual delivery. If the product has not been delivered, the time limit starts to run from the date of conclusion of the contract. Most often, however, we are dealing with the delivery of the goods. It is important to emphasise that the time limit is calculated from the day the goods were actually delivered and not from the day they were sent, packed or delivered to a parcel machine or other personal collection point.
However, the right of withdrawal may be excluded by law in the case of the purchase of certain goods or services, e.g. hotel services, catering services, carriage of goods or the supply of products with a short shelf life or made to special order.
The seller may not condition the effectiveness of the declaration of withdrawal on giving a reason for exercising this right. In practice, sellers sometimes ask for a reason for withdrawal, but if the buyer refuses to answer this question, the seller cannot avoid accepting the goods and refunding the payment for the order.
If the seller has not informed the buyer of his right to withdraw from a distance contract without stating a reason within a period of 14 days from the date of delivery of the goods, this right shall expire only 12 months after the expiry of the period provided for under the general rules (14 or 30 days). It shall be deemed sufficient to inform the buyer of the right in the terms and conditions of the online shop, in the content of the e-mail confirming the order or delivery, or by enclosing a specimen declaration of withdrawal to the e-mail or delivery.
As a general rule, refunds should be made within 14 days of receipt of the declaration of withdrawal. However, the retailer may withhold the refund until it has received the parcel with the returned goods. Importantly, the refund should be made in the same form in which the payment for the order was made.
However, the returned product must not bear any signs of use or wear and must not be damaged by the buyer.

Gift bought in a stationary shop

If the gift was bought in a stationary shop, the possibility of returning it depends on the practice adopted by the retailer. It is legal to refuse to accept a return or to offer a discount on another product or gift card.
Legal status as at 25.12.2024