During the holiday season, folks look forward to giving and receiving gifts. The fact is, however, after the "big day" every year, many people will receive gifts that they either do not want or cannot use. The Department of Consumer Affairs typically has an upsurge of complaints during this time. Why? One reason is that the givers or receivers of gifts have run afoul of the return or refund policy of the stores.

    Quite often, the Department gets this question from consumers who want to return items "Where do I find that statute that lets me rescind a sale within three days?" The answer is, there is none. Congress and the General Assembly have carved limited exceptions for certain transactions; home equity loans, time share sales, home solicitation sales and the like have three day rescission rules. Generally speaking, a buyer has no automatic right to back out of other contracts. If a store adopts a "no refunds or no return" policy and conspicuously posts it so customers will know, the store cannot be required to refund the money or take back the item.

    Of course there are "no brainer" tips for making sure you will not have an unpleasant surprise when you seek a refund or exchange. (1) Keep track of your receipts. (2) As far as reasonably possible, retain the original packaging. (3) Do not use the item since it could be subject to wear and tear. (4) Make returns or exchanges promptly. Businesses will be more willing to refund items if they have a chance to resell items before they are outdated, or are less attractive to buyers because of seasonal changes.

    Consumers should also specifically ask the following questions before buying: (1) What is your policy covering returns? (2) May I exchange the item for another like it. (3) Will your store return my money? (4) Is this a final sale item? (5) If the purchase is made under written contract, how are the normal return privileges affected? (6) If the product has a separate written warranty, does this warranty affect the means by which it can be returned?
    While many stores offer generous refund and return policies, consumers should remember a store has a right to adopt its own refund and exchange policies --- and stick to them. That makes it doubly important to know exactly what a store's policies are before-and not after-you finalize a purchase.