To return gifts received at Christmas, start by check the return policy of the store or site where they were purchased. Keep the receipt or proof of purchase if possible, as well as the original packaging. Then contact customer service for specific steps to follow, which may include mailing the product or returning it to the store. Pay attention to return times and be sure to mention the problem or reason for the return to facilitate the process and potentially receive an exchange, refund or store credit.
My nephew already had the video game that I gave him. Can I return it?
TRUE But only if it is still in the blister pack. If the game was purchased on the Internet, you can benefit from the legal right of withdrawal. You have 14 days from the day after receipt of the package to cancel your order (if the deadline expires on weekend ? Sunday or a public holiday, you have until the next business day). You will then have an additional 14 days to return the product (articles L. 221-21 and L 221-23 of the Consumer Code). Many sites accept returns beyond the legal deadline. Please note, the right of withdrawal does not apply to CDs, DVDs or computer software whose packaging has been opened.
To know : “In store, there is no withdrawal period. The seller freely sets his commercial policy: return or not, deadline, refund or only exchange, credit… But be careful, here too, they must not be unpacked.underlines Karen Sammier, lawyer in the law firm Lexcap.
I bought the gift for my father during Black Friday. But he doesn’t like him, the 14 days have passed. I can’t return it anymore?
FAKE. Merchants often accept, on a commercial basis, returns over longer periods (30 days) and especially for the Christmas holidays. “The gesture can however be limited to an exchange or a credit for example, as for returns in store“specifies Karen Sammier.
The vase offered was broken upon unpacking. Can I return it claiming that it was damaged during delivery?
FAKE. For the merchant to accept the return, you must return the product to them in good condition. If it had been damaged during delivery, reservations should have been made on the delivery note, upon receipt of the package, or in writing to the seller, within three days that followed. But if the carrier has not allowed you to open the package to check the condition of the product, the deadline for reporting the breakage is 10 days.
The site charges me a fee for returning the purchase. Is it forbidden though?
FAKE. Even when you exercise your legal right of withdrawal, the merchant may charge you for the return costs, if he has informed you beforehand (in the general conditions of sale for example).
To know : “On the other hand, if the product does not conform to the order Or it is defectivethe merchant is required to cover these costs.recalls Erika Klein, lawyer at Fevad.
I cannot be reimbursed for a gift purchased with a gift voucher?
TRUE. The merchant can offer you an exchange, a credit, a voucher, but he cannot give you the money. It is possible, however, if you used a gift card: he can re-credit it.
The site guaranteed delivery for Christmas, this was not the case. Can I get a refund?
TRUE. “When the delivery date constitutes an essential condition of the contract, which may be the case during the Christmas period, you can cancel your order and request a full refund, without first giving notice to the seller to deliver to you”, specifies Erika Klein. It remains to be proven that delivery was guaranteed at Christmas, even though this mention will have disappeared from the site after Christmas. “A screenshot taken during your order showing this mention can constitute the beginning of proof”specifies Karen Sammier.
I sent a package to my grandchildren by post. It never arrived. Will the Post Office reimburse it?
TRUE. La Poste is automatically responsible for the proper execution of the delivery. If you have not chosen a paid option to be better protected, lump sum compensation for a lost colissimo is €23 per kilo.
The badge machine purchased for my daughter broke immediately. It’s a poor quality toy. Can I demand reimbursement?
FAKE. You do not have the right to demand a refund, but you can choose between repair or exchange. “However, if the seller replaces or repairs this machine, and it still does not work, you have the right to demand reimbursement. Same if it takes more than a month to repair or replace it for you“, says Erika Klein.
Marketplaces: beware of return conditions
You purchased on the Amazon website, Fnac, Redoute or even Maisons du Monde… but from another e-retailer.
Be careful, the latter freely sets its returns policy and manages its customer service itself. La Redoute or Maisons du Monde, for example, decline all responsibility because their role is limited to connecting consumers and merchants who come to their marketplace.
In the event of a dispute, call the mediator
“If customer service does not respond to you or refuses your request, you can enter for free the mediator competent. Their contact details must be indicated in their general conditions of sale. Submit, a negative online review allows the merchant to react quickly. But be sure to remain factual and respectful so as not to fall into defamation or insult.
Finally, you can also alert the “consumer policeman”, the DGCCRF, on signal.conso.gouv.fr“
Thanks to Karen Sammier, lawyer at Lexcap, member of Eurojuris.