Returning Christmas gifts: who actually has the rights?

You can only enforce consumer rights on a gift if you bought it. If you received it, the legal contract belongs to the person who paid. That catches people out every January, so here is how returns actually work when the product is a present.

Who has the rights

Under the Consumer Rights Act 2015 the contract is between the seller and the buyer. If the jumper is the wrong size or the kettle is faulty, the legal right to a repair, replacement or refund sits with the person who bought it.

That does not leave gift recipients stuck:

• The buyer can make the claim and pass the result on.
• Many retailers accept returns with a gift receipt, and some extend their return window over Christmas. That is the retailer's choice, not a legal right, so read the terms.
• If the item was delivered straight to you, tell the retailer who the buyer is. They will usually want the order number.

Faulty gifts

If a gift is faulty, not as described or not of satisfactory quality, the buyer has a 30-day right to reject it for a full refund. After that the retailer gets one chance to repair or replace, and rights run for up to six years in England and Wales (five in Scotland). Our 30-day right to reject guide walks through the clock.

A gift bought in early November is already counting down. If you have bought a lot of Christmas presents early, note the delivery date of each one.

Not faulty, just not wanted

A change of mind is not a legal reason to return something bought in a shop. Any return is goodwill. Online and phone purchases are different: the buyer can cancel within 14 days of delivery for any reason. Presents ordered in November will often have passed that point by Christmas Day, which is why retailers' extended windows matter. Use the cooling-off checker on each order.

Gift cards and vouchers

Gift cards have their own traps, including expiry dates and shops that go bust. See our guide to gift cards, expiry and what happens if a shop collapses.

Late deliveries

If a gift never arrives, the seller is responsible, not the courier, and you can ask for a refund once the delivery deadline has passed. Our guides on Christmas orders that do not arrive in time and lost parcels cover the steps.

If the retailer refuses

1. Put the complaint in writing and state what you want.
2. Quote the Consumer Rights Act 2015 and give a deadline.
3. If you paid by card, try Section 75 or a chargeback.
4. Use our refund timeline tool to see when they should have paid.

Gift went wrong? Start a complaint and we will draft the letter for whoever holds the receipt.