Whether the buyer of a gift or the recipient, everyone needs to know the law about returning an unsuitable item (for example, the shirt that doesn't fit, or the skirt that's the wrong colour) rather than simply having to rely on the goodwill of the shop.

The general rule is that only the parties to a contract have rights and responsibilities under it. So, in the context of sale of goods, this means that only the buyer will have any rights in relation to the goods (even if they're being bought as a gift).

Now, however, the Contracts (Rights of Third Parties) Act 1999 makes it possible for a buyer to ensure that the donee of a present has the same rights as the buyer. What the buyer needs to do is to tell the seller that he/she is buying the goods as a present for someone (for instance 'a friend' or 'my daughter'). The recipient doesn't actually have to be named.
Can 'unsuitable' goods be returned?

'Unsuitable' (as opposed to defective or misdescribed) goods can only ever be returned if the seller expressly agreed that they could be returned after the given event for which they're being bought. Also shops will often impose a time limit within which unsuitable goods must be returned. This is understandable bearing in mind shops have no legal obligation in relation to unwanted (as opposed to defective) goods.

So, for example, if you're buying a Christmas present, check with the shop whether it can be returned after Christmas if it's unsuitable, and, if so, within what time period.
Practical advice when buying a present

* Tell the sales person that you're buying a present for someone (such as a friend).
* Get an express assurance that the goods can be returned if they're unsuitable.
* Ask the sales assistant to write on the receipt that it's a gift.
* Keep the receipt. This will prove where you purchased the goods, and the price you paid.

Remember, goods are often reduced after Christmas and you'll want the buyer to get a full refund of the price paid, if suitable alternative goods aren't available.