Can you return gifts without a receipt or packaging? A legal expert explains

You’ve been given an ugly t-shirt and a book you’ve already read. But if you don’t have the receipts, can you return them?

Or what if someone’s given you a gift that’s defective in some way?

Before you box up your unwanted presents and head to the shops, here’s what the Australian Consumer Law – the rules on consumers’ rights and business responsibilities – says about asking for a return, exchange or refund under different circumstances.

Can I return gifts as ‘change of mind’ without a receipt?

Australian consumer law generally doesn’t require retailers to accept returns for change of mind alone.

So if you just didn’t like the gift, that’s not enough under the law to be able to ask for the money back.

If a business has a “change of mind” returns policy, they have to honour it. Otherwise, they may get in trouble for “misleading conduct” under the consumer law.

But even for stores allowing change of mind returns, they usually have a list of exceptions, including underwear, beauty products, food and more – so check their rules.

All retailers will want to see some proof of purchase – though not necessarily the original receipt.

What are my rights if the gift’s faulty?

If a product is defective, under Australian consumer law shoppers have a lot more rights than many people realise. It can help to use the phrase “Australian consumer law” so the retailer knows you’re aware of your rights.

What you can ask for depends on whether or not there’s a “major failure” of your basic rights under consumer law, known as “consumer guarantees”.

A “major failure” of a consumer guarantee is when the product:

• is unsafe

• has either one serious problem, or several smaller problems, which would have stopped a reasonable person from buying the product

• is very different from the description, sample or demonstration the purchaser received before purchase

• can’t be used for its expected purpose and can’t easily be fixed within a reasonable time.

In these cases, you’re entitled to your choice of a replacement product or a full refund, if you can produce either a receipt or other proof of purchase.

For other more minor failures that can be remedied, the business only has to repair it for free within a reasonable time. It doesn’t have to offer you a replacement or refund.

However, if you’ve caused damage to the product yourself, you may not be able to rely on the consumer guarantees.

There are exceptions to the consumer guarantees. For instance, some don’t apply to goods sold by auction. And most don’t apply to “non-business” sellers, such as private sellers on Gumtree or Facebook Marketplace.

What if the original packaging is missing or damaged?

If the product is faulty in one of the ways above, you’re still entitled to those consumer law remedies – even if the original packaging is missing or damaged.

But if you’re returning for change of mind, most retailers require the product to be in saleable condition, with packaging intact.

What counts as proof of purchase?

You need proof of purchase to establish your right to consumer guarantees, but this doesn’t have to be a receipt.

Other types of proof of purchase can include:

• a credit card statement

• a warranty card showing the date and place of purchase

• receipt number or reference number given over the phone or internet

• the serial number, if this is stored in the store’s computer system.

The law doesn’t specify exactly what proof of purchase is sufficient. The consumer just needs to be able to reasonably prove they bought the item.

So if was a gift, you’re likely to need some help from the gift-giver.

Importantly, you don’t have to have an original copy: photos and photocopies also count. So if you’re ever buying something expensive, take a photo of your receipt immediately. It can save you time and money later.

Does it make a difference if it was bought online or in a shop?

For faulty products, Australian consumer law rights apply whether the gift was bought online or in a shop.

A guarantee that’s especially helpful for online purchases is that goods must “correspond with the description”.

For example, you would be entitled to your choice of a refund or replacement if the photo advertising a suitcase showed or described a combination lock as a feature, but the one you received had no lock.