If you don’t like the Christmas present, it is usually exchanged. Returning gifts is not always easy. What applies in store and what applies to online orders?
Chosen with care and love – and yet it is not uncommon that the recipient does not like a Christmas present. What applies to exchanges or complaints for sales contracts concluded until the end of 2021?
Is it easy to exchange gifts?
Not necessarily. If the goods are in perfect condition, consumers in stationary retail have no legal right to exchange. Exchanging flawless Christmas gifts is a concession from the retail sector.
“However, many dealers are very accommodating, especially during the Christmas season,” says Peter Schröder from the German Retail Association – HDE in Berlin. Sometimes they offer a period in which customers can exchange goods purchased in the store.
Even when buying gifts, it is advisable to talk to the dealer personally and to inquire about options such as the exchange process.
Is an oral agreement enough or is it made in writing?
An oral agreement is usually sufficient. “The dealer is not interested in annoying his customers and later refusing an exchange that has been promised,” emphasizes Peter Schröder.
If the customer does not want to rely on the verbal confirmation, he or she can ask for a written confirmation of the exchange option. Often there is information about the applicable exchange rules on the receipt or posted in the shop.
Questions and answers about exchanges
Is there money back or new goods when exchanging?
That depends: Since there is no obligation to exchange in stationary sales, dealers in the shops determine this for themselves. You can specify yourself whether an exchange is only possible, whether you receive a voucher or whether the purchase price is repaid.
What do I need for the exchange?
According to Schröder, it is always advisable to show proof of purchase such as the receipt. In this way, a retailer can understand that the goods were also bought in his shop. Sometimes the goods must be returned in their original packaging and, if necessary, sealed.
Important: Some goods cannot be exchanged. According to HDE information, this mostly affects perishable or reduced-price goods. For hygienic reasons, there is no return of lingerie, swimwear, erotic articles or toothbrushes, for example. An exchange of made-to-measure items can also be excluded.
Does that also apply to online shopping?
No, slightly different rules apply here: In online trading, there is usually a right of withdrawal for 14 days. Within this period, customers can often return items that they have ordered from professional online shops.
“Many online retailers are very accommodating at Christmas time and extend the withdrawal period,” says Eva Behling from the Federal Association of E-Commerce and Mail Order Germany (bevh).
Certain goods are also excluded from cancellation. These are, for example, products made especially for customers such as tailor-made clothing.
What if the gift is broken?
A two-year warranty right applies to goods. During this time, customers are entitled to a replacement in the event of defects. “The warranty period begins with the handover of the goods, either directly in the shop or when a product ordered online is delivered,” explains Schröder.
If consumers discover a defect, they should report it as soon as possible and contact the retailer. The dealer then has the option of supplementary performance – i.e. repair or delivery of new goods.
Does the repair cost money?
No, the following applies to repairs: the dealer cannot impose any costs on the customer. If he has to repair a defective product, he is also not entitled to demand money from the customer for sending it to the manufacturer.
And: “In the event of a defective delivery, the customer basically has the choice between repairs and new goods,” admits Schröder. However, the customer’s decision should not be disproportionate. When it comes to the question of what is proportionate, factors such as the value of the item in a defect-free condition and the significance of the defect are taken into account.
What about the guarantee?
The manufacturer’s guarantee must be distinguished from the statutory guarantee. This ensures certain properties and functionality of a product. “A manufacturer can grant this guarantee voluntarily and in addition to the statutory warranty rights,” says Peter Schröder. The manufacturer defines the conditions.
New warranty rights from 2022
New warranty rights apply from January 1st. One important change: the reversal of the burden of proof will be extended, explains the consumer advice center in North Rhine-Westphalia. A period of one year now applies to the legal presumption that there was already a defect in the purchased item at the time of purchase. Up to now, a deadline of six months has applied.
In addition, the “consumer contract for digital products” will be introduced. This includes, for example, music and video files, e-books, apps, games and other software, social networks, cloud applications and cloud storage services, music CDs or DVDs. For the first time, separate warranty rights have been established for these products.
What is also new is that updates – i.e., function-retaining updates and security updates – are to be provided by the company so that the digital products remain usable as contractually stipulated. In addition, consumers must be informed of these updates.