Although the Three Wise Men have made a lot of effort to get the gifts right, they don't always succeed and sometimes they have to change them. “That 'if you are not satisfied we will refund your money' is a well-known advertising claim that works in many businesses… but not in all,” warn the Organization of Consumers and Users (OCU). In fact, contrary to what many customers think, “establishments are not obliged to accept exchanges or returns just because we don't like our Christmas gift. Most stores do this, but the reality is that the law only requires them to allow an exchange in two situations: if the item has some type of defect or defect or if it is an online purchase. In the latter case, there is a legal period of 14 days to return the product,” they say in the OCU.
That is, there is no single return policy but it varies depending on the store where the Three Wise Men have purchased the gifts. In some stores they can be changed without a problem and in others – the minority – changes are not allowed at all… “And both solutions are perfectly legal,” consumer experts remind us. Another formula that many stores use is to return the purchase amount in a voucher to spend on the spot. And if I don't like anything in the store, can I demand a refund? «No, only if the product you want to exchange is in poor condition or defective. In that case, the merchant has a legal obligation to refund the money.
However, the regulations do require “clearly informing consumers about the requirements demanded in that store to carry out possible exchanges or returns.” Information about terms and conditions must appear on the ticket, which must also include the description of the product, its price and the date of purchase. If the buyer meets all the requirements set by the seller, the business has to accept the exchange or return under the established conditions. Otherwise, the consumer must demand the complaint form.
And if I have lost the ticket…
Losing the ticket is another classic in Christmas returns. If this happens to us, can we change the gift? «If we do not have proof of the purchase, the establishment is not obliged to accept changes. However, if the purchase was paid by card, you could try to negotiate with the store to accept the bank statement as proof of payment. If the purchase was made with a store customer card, it is much easier for the business to locate the sale since it appears in its database,” they explain in Legalitas.
The ten basic principles for making returns
1. Ask about the establishment's commercial policy before purchasing anything to find out if you can change the color, size or model and what is the deadline for doing so.
2. If the establishment announces a deadline for possible changes or returns, it must be respected. If this is the case, do not feel any hesitation when asking for them.
3. Some of the stores that accept returns will not give you the money in cash but rather a card or voucher redeemable for a certain period of time. Before making the purchase, to avoid surprises, also find out about this point and make sure that the validity period has not passed.
4. Avoid paying in advance for an arrangement or repair, as well as for an item that you do not take with you at the time (for example, for an order). If you have to leave a deposit, it is preferable that it be for the minimum amount possible.
5. The seller cannot unilaterally modify the price initially set if there has been no change in the order by the buyer. If the seller does not respect that price, do not settle: complain: use the complaint forms.
6. If you detect a factory defect or a defect in the product you have purchased, you can assert the warranty: demand that they deliver one to you in perfect condition or that they repair the one that has the problem. If you don't reach an agreement, you could ask for the price to be lowered if you keep it that way, or even for your money to be refunded (alleging the termination of the contract, since the seller has breached part of their commercial agreement).
7. Always request and demand a ticket or invoice, the seller is obliged to give it to you. Keep it for any changes or claims, or to claim the warranty.
8. In cases of repairs or repairs carried out by the seller or any worker under their responsibility, you can reject the item or product when it is not well made. If it is no longer in repair (for example, a piece of clothing), request a new one or get your money back.
9. If you place an order and you have a special interest in it being carried out according to certain characteristics, state this on the order form. If your request is not respected, do not accept it.
10. Remember that in purchases made remotely (online, telephone, catalog, etc.) the consumer has 14 calendar days to return the product at no cost.
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