Receiving a Christmas gift that doesn’t fit, isn’t pleasing or already exists in duplicate is a common situation. What not everyone knows is that consumer rights vary greatly depending on where the purchase was made. The difference between a physical store and an online store is decisive and may or may not mean having the right to exchange or return the item.
In Portugal, the idea that there is always an automatic right to exchange is a myth. The law is clear on some points, but leaves room for decision on others, which ends up creating confusion precisely at the time when more changes are requested.
Physical stores: exchange is not mandatory
In the case of purchases made in physical stores, the basic rule is simple: there is no legal obligation to accept exchanges or returns when the product is not defective. According to DECO PROteste, the law only guarantees exchange, repair or return when the item is defective or does not correspond to what was advertised.
Still, many merchants choose to allow exchanges, especially during the Christmas season, as a way of retaining customers. According to the same source, it is common for this special regime to also apply to purchases made weeks before Christmas, as happens during campaigns such as Black Friday.
However, these policies are voluntary. Each store can define its own rules, deadlines and conditions. Some only accept exchanges for products of the same value, others issue gift cards instead of refunding the money, and there are still those who require the item to be sealed, with a label and accompanied by a receipt.
Therefore, the recommendation is clear: before buying a gift in a physical store, always confirm whether there is an exchange policy, how long it is valid and under what conditions it can be exercised.
When the merchant accepts the return
Even when the merchant authorizes the return, they may impose conditions. As explained by DECO PROteste, it is legal for the return to be made using a voucher or gift card, instead of a cash refund. It is also common to provide a return receipt, with or without an indication of the price, the so-called gift receipt, which facilitates the process for those receiving the gift.
These rules do not violate the law, as long as they were clearly communicated to the consumer at the time of purchase.
Online shopping: the law is different here
For purchases made via the internet, telephone or mail, the scenario changes. The legislation provides for the so-called right of free resolution, which allows the consumer to return the product within 14 consecutive days, without needing to provide any justification.
According to DECO PROteste, this period starts from the day the order is received. Some online stores choose to extend this period to 30 days or more, but this depends on the commercial policy of each seller.
The consumer has the right to a refund of the amount paid, including initial shipping costs, although they may have to bear the return costs, if this is provided for in the store’s conditions.
The exceptions that few know about
Not all products purchased online can be returned. The law provides important exceptions. Personalized products, made to measure or with elements chosen by the consumer, such as items with names, photographs or specific messages, may be excluded from the right to return.
Goods that are likely to deteriorate quickly, such as fresh food or pastries, cannot, as a rule, be returned unless they are defective or do not correspond to what was ordered.
According to the consumer protection organization, there are also situations in which the exchange may be refused if the defect was known at the time of purchase or if the item was used in a way that goes beyond simple verification of its functioning.
What to do before trying to exchange or return
Before going to the store or contacting the online seller, always confirm that you have your receipt, invoice or proof of purchase. Also check the deadlines and conditions applicable to the specific case.
In case of doubt or conflict, we advise you to contact the merchant in writing and, if necessary, use the available complaint mechanisms.
In the end, exchanging or returning a Christmas gift can be simple or impossible, depending on one essential detail: where it was purchased. Knowing the rules avoids arguments, useless trips and unpleasant surprises after the parties.
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