Did your Christmas gift turn out to be a dud?
Are you entitled to a refund or an exchange?
If you groaned with despair rather than squealed with delight when you opened a Christmas gift this year, you might be wanting to know if you can get a refund or exchange on that unwanted present.
The team at the community legal centre YFS Logan says whether you are entitled to a refund depends on why you want a refund.
A business does not have to give you a refund if you do not like a gift, or if it is the wrong size or colour.
Sometimes, businesses may choose to offer a refund for unwanted gifts.
It will be detailed in their refund policy.
Please know this is not a legal right.
It is their choice.
Generally, if a gift does not match its description, is of questionable quality or isn’t fit for its purpose, you have a right to a refund, replacement or repair, depending on the issue.
But if the gift was bought from a private seller through an online trade site, you have no legal right to a refund, replacement or repair. Businesses usually feature their refund policies in store and on their websites.
They do not need to display their policy but if they do, they cannot mislead.
“No refunds on sale items” and “no refunds after 10 days” are not legal – you are still entitled to a refund, repair or replacement if the item is faulty for example.
Most businesses that offer refunds accept the original receipt for the item or a bank statement showing that you bought the product from them.
If you think you are owed a refund but a business is refusing to give you one, contact the Australian Competition and Consumer Commission for advice.
Please note this is legal information only.
If you require more information or legal advice, call YFS Legal on 3826 1500 to make an appointment.