Who owns goods sent by mail order as a gift?

[K8Middleton]

I was sent a gift worth £50 by a relative from a well known company that does national mail order as well having a few stores. The item was the wrong size and dh had bought me the same item in the correct size so I returned the gift as per the returns form, listing 2 x items to exchange and a telephone number to pay take the extra £4 payment as per the returns form. I did not ask for a refund and I had to pay to return the item.

I heard nothing for weeks so emailed the company. They have refunded my relative's card and have said that the wording on the returns form is "misleading". They made no attempt to contact me.

Now, I'm not a lawyer, but I thought that as the goods had been sent directly to me with me as the recipient (eg not c/o or similar) then legally they were my property and as such this company had no right to deprive me of my property by crediting my relative? I would also have thought that they have to honour the instructions on the returns form unless not reasonably practical (eg item out of stock) as that would form a contract?

So, where do I stand legally? I'm currently down a £50 item plus and extra £5 on postage :(

If memory serves me, the contract is with the purchaser not the recipient. So in theory the original purchaser should deal with them. Most shops would not quibble but you don't have a contract yourself.

Your Aunt was the purchaser and therfore the refund was due to her

Sorry, the contract was between your aunt and the store, not you, even though they were asked to deliver to you. The contract is with the purchaser. So they were right to refund her if you returned it.

Can you not talk to the person who gave it to you and explain? They must have noticed a £50 card refund, surely, and are probably wondering why you haven't been in touch!

Thanks for replies :)

They look a bit different to what I found when I looked it up online. It appears that if it was a high street shop the purchase had been made in then yes, the contract would be with the purchaser and shop, unless the purchaser requests a gift receipt or has the store write that it is a gift on the receipt - thereby transferring ownership and rights. Apparently.

However, because the purchase was made online and delivered directly to me, what I have looked up suggests that ownership is transferred to me and the item effectively becomes mine. But I can't find anything that references the actual bit of law.

I don't know if it is relevant but on the return form I indicated that it was an unwanted gift (there was an actual option to tick for that) and I requested an exchange, not a refund.

I am reluctant to trouble the gift giver again because they are likely to become melodramatic anxious about this.

Btw the retailer admits their own returns note is "misleading"!

You owning the item isn't the same as the contract being between the retailer and you .

Well Amazon.com for example has a policy where they'll exchange it with a gift card and won't inform the gift giver, maybe not relevant but interesting.

They aren't going to be able to reverse what they've done. They might be able to send you a gift card or something as compensation but whether they would...

I suggest you call them again, ask to speak to a supervisor and explain what happened. Explain that the item was sent for EXCHANGE not return, that their company screwed up, and what are they going to do to fix it.

Returning a gift is kinda rude (unless you've been told it's okay by the person who gave it) so I understand you not wanting to contact the relative.

Technically you're only "down" the $5 though, not the $50. You're down a gift yes but you didn't spend the $50 so it's not really a loss because the original purchaser WAS refunded.