Consumer champion Martin Lewis has issued timely advice for anyone dealing with an unsuitable Christmas gift, detailing the crucial legal distinctions shoppers must know.
Understanding Your Key Consumer Rights
The founder of Money Saving Expert appeared on ITV's This Morning on Monday 22 December 2025 to break down the often-confusing rules surrounding post-Christmas returns. He emphasised that your rights differ significantly depending on where and how an item was bought, and, most importantly, whether it is faulty or simply not to your taste.
For purchases made in a physical shop, there is no automatic legal right to return an item simply because you don't like it. This is a critical point many misunderstand. Your ability to exchange or get a refund for an unwanted present is entirely at the discretion of the retailer's own goodwill policy, often displayed at the till or on receipts.
The Vital Difference: Faulty vs Unwanted
Lewis stressed a fundamental legal separation. If a gift is faulty, not as described, or unfit for purpose, you have strong statutory rights under the Consumer Rights Act 2015. In this case, you are entitled to a repair, replacement, or refund from the retailer, regardless of their store policy.
The rules are more favourable for online, mail-order, or telephone purchases. Here, the Consumer Contracts Regulations give you a legal right to a 14-day cooling-off period, allowing you to return most items for any reason, even if they are perfect. You must notify the retailer within this time, and you typically have another 14 days to send the item back.
Proactive Advice for Gift-Givers
Martin Lewis offered a key piece of preventative advice, particularly for expensive gifts like electronics. "Test expensive presents before you gift them," he urged. Ensuring a device works correctly before wrapping it can avoid the distressing scenario where a recipient discovers a fault only after the retailer's return window or the 30-day right to reject a faulty item has expired.
This proactive step places the purchasing customer in a much stronger position to deal with the retailer if a problem emerges, safeguarding the gift's value and sparing the recipient potential hassle.
In summary, knowing the difference between retailer goodwill and legal statute is power for the post-Christmas shopper. Check receipts for return policies, act quickly for online purchases, and always remember: strong legal rights are triggered by faults, not just a change of heart.
