November 16, 2023, 7:44 am | Read time: 4 minutes

If the gifts under the Christmas tree didn’t impress your loved ones, they can be exchanged or returned. To avoid unnecessary stress between the holidays, it’s worth checking the return periods of online retailers carefully. TECHBOOK provides an overview of the tech retailers offering extended return periods over Christmas and what to generally consider when returning items.

Exchange vs Cancellation

When returning unwanted gifts, people often colloquially refer to it as exchanging. However, this is not always correct, as there is no legal right to exchange. If you return a product that is free of defects and receive another in return, it is either a genuine exchange and falls under the retailer’s goodwill, or it involves a cancellation and a new purchase contract. Since the outcome is the same for customers, the right of cancellation in online retail is often mistakenly referred to as a right to exchange.

Since customers cannot inspect the products offered online themselves, the law grants them a two-week right of cancellation. According to §355 BGB: “The cancellation period is 14 days. It begins with the conclusion of the contract, unless otherwise specified.” The contract is considered concluded when the customer receives a notification of the purchase, such as an email, and the product. The buyer should repack the product in its original packaging so the retailer has the opportunity to resell it. The 14-day return policy also applies to discounted items.

In comparison, there is no unconditional right of cancellation in brick-and-mortar retail. Here, customers can only return items that have defects. Some online retailers have voluntarily extended the cancellation period and offer longer return options. Amazon and Cyberport, for example, offer customers a 30-day period.

These Restrictions Apply to Cancellations

For private sellers–such as in an eBay auction–the legal return policy does not apply. However, you can still complain about a defective item. There are also items from retailers like Amazon and others that are excluded from cancellation. These include CDs or DVDs whose seals have been opened, as well as digital content. If the product was made to the customer’s specific wishes, it is also not eligible for return.

However, the general rule is: If you have only used the item to the extent that you could have tried it out in a store, the retailer must refund the full purchase price upon cancellation. Only if you have used the item beyond that can the seller deduct a usage fee, which must be communicated to the customer in advance.

How to Cancel

Part of the right of cancellation is that the seller must be informed about the return. This means it is not enough to simply send the product back within the 14-day period without comment. Many online shops have a simple online form for this purpose that must be filled out. For other cases, the consumer center provides a sample form. The form can be sent by mail, email, or contact form and must be confirmed by the seller.

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Covered Return Costs Are Purely Goodwill

The question of who bears the return costs is also clearly regulated in §357 BGB: “The consumer bears the direct costs of returning the goods if the entrepreneur has informed the consumer […] of this obligation.” In other words, you are legally required to bear the costs yourself–provided the online retailer informs you that they do not cover them.

In practice, however, this is highly dependent on the respective retailer. As an incentive to shop, many sellers voluntarily cover the return postage for their customers. At the same time, there is currently a trend to reduce this goodwill. This saves companies money and encourages customers to consume more consciously. Customers should always read the terms and conditions of online retailers, especially for international shipments.

These Changes Apply for Christmas 2023

To further boost Christmas sales, many retailers are extending their return periods. The legal period of 14 days remains unaffected and is still guaranteed. As mentioned above, some products are fundamentally excluded from exchange.

This year, the following retailers have extended policies:

• Amazon: Products purchased between November 1 and December 31 can be returned until January 31, 2024. This applies to both Amazon’s own products and Marketplace sales and FBA-shipped items.
• Conrad: Products shipped between November 13 and December 24 can be returned until January 21, 2024.
• Gravis: A 30-day return policy applies in December.
• Media Markt and Saturn: Products purchased from October 31 can be returned until December 31, 2023, in-store or online. Returns are possible in-store, by mail, or by freight.