Labor Chamber legal expert Sandra Nowak calls this a “folk fairy tale”: the supposed legal right to barter. Especially after Christmas, many people want to exchange unwanted gifts. Most of the time it works, says Nowak, but: “It's purely customer friendliness or goodwill on the part of the company. If I buy something in a physical store, I am bound by a contract.” And this also applies to Christmas gifts.
In any case, it is helpful if the gift-giver hands the invoice to the recipient – and ideally has agreed the exchange conditions in advance with the retailer and noted them on the invoice, Nowak tells noe.ORF.at. “Does this mean, for example: can I only exchange goods for goods or demand money back? Or will I receive a voucher for the value of the exchanged merchandise?” It is also important to define the deadline for the exchange to be possible.
“That would obviously be the ideal option. So you didn't get a nice Christmas present on Christmas Eve, but at least a few days later,” says Nowak. The legal situation is different in online commerce: “If I make a lot of purchases online, I have the opportunity to cancel the contract within 14 days,” says Nowak. However, deadlines must also be observed here.
Many retailers are hunkering down during the Christmas season
“What we know in practice is that many, many retailers allow extended deadlines during the Christmas season, both online and in physical stores. “But it’s important to check this in the terms and conditions,” says Nowak, a consumer protection specialist. “And in fixed retail we also know that companies are very customer-friendly and often offer this exchange option.”
Vouchers are a popular gift at Christmas: according to a survey by the Lower Austrian Chamber of Commerce, around 35% of respondents wanted to put vouchers under the Christmas tree for their loved ones. There are also a few things to consider here, says Nowak: “If I get an unlimited voucher, I can redeem it for 30 years. It sounds great, but in practice it's often not like that, because we don't even know if the company has existed for that long.”
Vouchers: not eligible for exchange for cash
With limited-term vouchers, it's important to be careful about whether the period is justified, says Nowak: “Six-month limitations are certainly not justified. Therefore, there must be a justification for this limitation. I would say if the voucher is limited to three years, that would be fine.”
There is no legal right to exchange a voucher for cash. “If I find a product for only part of the value of the voucher, I will normally only receive a voucher for the remainder”, explains the consumer protection specialist.