When gift ideas go wrong

Crafty consumers are making scenes in crowded shops to get cash refunds on unwanted Christmas presents.

They're causing trouble to get around laws that mean retailers only have to offer money if an item is faulty or damaged - little use for people trying to swap socks for CDs or pants for perfume.

Retailers Association of New Zealand adviser Kathy Owen said checkout confrontations were happening "an awful lot".

"Some consumers have cottoned on that if they jump up and down and make a scene in a full shop they will get what they want."

Other underhand tactics include shoppers returning shrunken clothing claiming to have followed washing instructions when they obviously hadn't.

"They bring it back and it's Barbie-doll size," said Owen.

Shoppers even try to return dresses worn during the Christmas party season.

"People don't seem to realise the aromas that attach themselves to a garment if you go out in it for a night."

Ministry of Consumer Affairs spokeswoman Julie Allan said the Consumer Guarantees Act applied only if a gift was faulty.

Then a store must choose between repairing the item, replacing it or offering a refund.

If the store refuses to fix it or takes more than a reasonable period of time to do so, the customer is entitled to ask for a refund.

Allan said customers could try returning unwanted gifts in their original wrapping and ask for an exchange, although some stores would demand a receipt.

"It's up to the store if it wants to exchange the gifts, it has no legal obligation to exchange the item if you don't like it."

Rod Duke, group managing director of Rebel Sport, Living & Giving and Briscoes, said his chains were happy to offer refunds provided they received proof of purchase.

"If a purchase is made and someone gets home and says 'I have nine of these' and brings it back and it's able to be re-sold, I have no problem giving a refund at all."

Max Fashions' spokeswoman said the store would provide a credit note or exchange within 10 days of purchase, providing the customer had a receipt for the item.

You could, of course, try getting rid of unwanted gifts on Trade Me.

About 6000 items were tagged on the online auction site as being "unwanted" or an "additional gift" by noon last Boxing Day.

Trade Me spokesman Mike O'Donnell said last year the company had noticed a post-Christmas spike in "re-gifting" - passing along or selling a present to someone else - over the past five years.

But people on-selling their presents were encouraged to follow re-gifting "etiquette" by removing name tags and ensuring they were not selling back to the original gift-giver.

Present dilemmas

We asked
1. What are your rules on exchanging gifts?

2. What's the worst Christmas present you've ever received?

3. Have you ever broken anything just to return it?

Caroline Walsh
1. I don't find that it is fair.
2. I got a really hideous pink jumper and a white jacket once. It doesn't look too good with red hair.
3. No, never.

Delima Leslie
1. I feel bad returning some stuff. But with friends I just sell it on Trade Me.
2. A $20 voucher for somewhere like Peter Alexander, it gets you nothing.
3. Yes, shoes. I ripped the heel off them, they were only worth about $40 though.

Chris Tom
1. It's not a problem, if it's from family then it's sweet.
2. Socks, they're something I like to buy myself.
3. No.