Receiving a gift that doesn’t fit, isn’t pleasing or already exists in duplicate is a common situation, especially after Christmas. The problem arises when you arrive at the store and realize you don’t have your purchase receipt. Doubt quickly sets in: is it still possible to exchange the item or will the answer inevitably be negative? Portuguese law does not provide a simple answer and this is precisely where many consumers go wrong.
The starting point is clear. In Portugal, traders are not obliged to accept exchanges or returns of items purchased in physical stores when they are not faulty. The idea that there is an “automatic right” to exchange is a myth that is repeated every year.
What the law says about exchanges in physical stores
According to DECO PROteste, the legal obligation to exchange, return or repair only exists when the product is defective, does not work correctly or does not correspond to what was advertised. If the item is in perfect condition, the exchange becomes the retailer’s commercial decision.
Despite this, many establishments accept exchanges as a courtesy, especially during the Christmas season, as a way of retaining customers. In these cases, the store freely defines the rules: deadlines, conditions and required documents.
The receipt is the rule, but there are practical exceptions
When the store accepts exchanges, it is customary to require the purchase receipt. Although the law does not impose this obligation, the receipt makes it possible to prove that the item was purchased at that establishment and on what date. Without it, the exchange becomes more difficult, but not necessarily impossible.
As explained by the financial literacy portal EI, from Associação Mutualista Montepio, there are alternatives that can help consumers prove the purchase and increase the chances of success.
One of them is the Multibanco receipt. This document contains transaction data, the amount paid and the terminal where the purchase was made. It does not formally replace the store receipt, but can be accepted as additional proof, especially in large commercial areas.
Another possibility is to indicate the Tax Identification Number. If the consumer requested an invoice with NIF at the time of purchase, the store may be able to locate the transaction in the computer system. The same happens when a customer card was used, as many chains are able to retrieve the purchase history through this record.
Even accepting the exchange, the store may impose conditions
Even when the merchant agrees to exchange an item without a receipt, he can impose specific conditions. According to DECO PROteste, it is legal for the return to be made via a gift card or shopping voucher, instead of a cash refund.
It is also common for exchanges to only be permitted for items of the same or higher value, forcing the consumer to pay the difference. In some cases, the store issues a return slip, with or without indicating the price, known as a gift slip, which facilitates future exchanges.
These rules are valid as long as they have been clearly communicated to the consumer.
Online shopping: a different regime
If the gift was purchased online, the legal framework is different. The law provides for the right to free resolution, which allows the product to be returned within 14 consecutive days, without the need to justify the decision.
As explained by , this period starts from the day the order is received. Some stores voluntarily extend this period, but the legal minimum remains at 14 days. In these cases, the refund must include the amount paid for the item and initial shipping costs.
There are, however, exceptions. Personalized products, made to measure or with elements chosen by the consumer, such as names or photographs, may be excluded from the right to return. The same applies to goods that are likely to deteriorate quickly, such as fresh food.
What should you do before trying to exchange
Before going to the store, confirm whether there is an exchange policy, what the deadlines are and what alternatives are accepted in the absence of a receipt. Taking your ATM receipt, indicating your NIF or presenting your customer card can make a difference.
In the end, exchanging a gift without a receipt is not a guaranteed right, but it is not impossible either. It all depends on the merchant’s policy and how they can prove that the item was purchased there. Knowing these rules helps to avoid useless trips and unnecessary frustrations after Christmas.
Also read:
