Many people are thinking about returning a gift certificate these days. The reasons for such a decision are various. Is it possible to exchange such a gift for money, what does the law say about this?
Gift voucher - what is it?
Gift certificates for men and women today are very popular. They are a small card, usually made of plastic. The product allows you to make a purchase in a particular store or distribution network, use the services of a particular salon and so on. The amount may vary, it depends on the offers of the company and the choice of the buyer.
Unfortunately, such a present does not always bring joy to its owner. For example, a person may not be interested in salon services or goods that are sold in a store. Also, no one is immune from the emergence of an urgent need for money. An ideal solution in such situations is to return a gift certificate. However, is it realistic to achieve this?
Is it possible to return a gift certificate
“Gift Certificate” is a term that is currently missing in the law. This omission is used by many sellers. Often, even on the cards themselves, it is indicated that the gift certificate is not subject to return and exchange. However, this phrase itself is a gross violation of the law "On Protection of Consumer Rights."
To begin with, you should realize that the certificate is a document of preliminary sale. The company undertakes to provide its owner with a product or service at the cost specified in it. Therefore, a person who purchases such a card concludes an agreement that can always be terminated by law.
How to return
So, the law equates the return of a gift certificate to the termination of the sale. Therefore, the cardholder needs reasons to terminate it. Unfortunately, problems may arise at this stage. The executing party must not fulfill the obligation specified in the certificate, that is, not provide the holder with a product or service in exchange for it.
Fortunately, there are still several ways to turn a gift card into cash.
Method number 1
Perhaps the easiest way is to return the goods purchased with a gift certificate. For starters, the gift card holder will have to use it. When choosing a product, you must be careful. It is important that it is not included in the list of goods that are prohibited for return and exchange.
Therefore, this method is not suitable when it comes to a certificate in a cosmetics or underwear store, jewelry salon, and so on. Most of the goods that are presented in them are not subject to exchange and return.
The law allows the buyer to return non-food items to the store if no more than 14 days have passed since the purchase. It is important to remember that the countdown is from the day after the acquisition of the goods. To return a thing, it is enough to declare that it does not fit in color, style, shape, size, configuration. The store must return the cost of the goods to the buyer, not the certificate that he used to purchase it.
Method number 2
Is it possible to return money for a gift certificate if it is expired? Yes, the law allows the cardholder to insist on this. Writing off funds in favor of the store is not legal; it is regarded as unjust enrichment.This means that the seller did not fulfill his obligations to the certificate holder on time, despite the fact that he was paid in advance.
Expiring a gift card is another real way to get its value in cash. For its implementation it is only necessary to clarify the expiration date of the certificate and wait for the necessary time.
Method number 3
The third method is useful to card holders, which gives the right to receive certain services. So, how to return a gift certificate to the salon? The legislation allows a person to refuse a service at any time, and this is true in the case of making a full prepayment for it.
The Contractor has the right to demand compensation for costs. In this case, the actual costs incurred by the company in the performance of obligations, which can be documented, are meant. For example, if a company spent the money only on printing a certificate, it is entitled to deduct this amount from its owner after providing evidence.
Method number 4
Suppose that for one reason or another the methods described above are not suitable for the cardholder. Is it possible to return a gift certificate in this case? The Law "On Protection of Consumer Rights" allows you to abandon the concluded preliminary contract. The cardholder has the right to insist on the refund of the full amount paid for it.
A person can be confused that he did not buy this certificate. Fortunately, such an arrangement gives him the same rights as the buyer. The cardholder has the opportunity not only to make a purchase, but also to refuse it.
Of course, the store may refuse the certificate holder to refund its value. In this case, you must write a claim.
How to make a claim
So, how to make a refund application for a gift certificate? First you need to figure out exactly when to write a claim. The holder of the gift card has the right to do this before going to court, as well as as an additional measure.
The claim has no established form. However, when compiling it, it is advisable to adhere to the plan proposed below:
- Details of the seller and buyer.
- Indication of the reason for the return. Here it is necessary to list the facts that prove the impossibility of using the card. For example, to inform about the expiration of the certificate, the absence of the desired goods and so on.
- Requirements for the seller. The buyer must indicate whether he wants to receive money or exchange goods that were purchased with a card.
- Listing of documents that are attached to the application. This can be a bank card (when paying by bank transfer), a photocopy of the check.
- Indication of the period during which the certificate holder is legally entitled to receive a response from the seller.
A complaint can be submitted by registered letter with notification or by appearing in person at the store.
Seller refuses to return
The seller may declare that it is not possible to return the gift certificate. For example, a store may insist that the purchased card has “special rules”. What failure scenarios are most popular?
We don’t give change
Suppose that the certificate holder has decided to use it. A person purchased a product that costs less than the amount indicated on the card. The seller refuses to return the price difference to him, saying that the money will be debited in favor of the store.
In such a situation, the buyer has the right to insist on delivery. In case of refusal, it is necessary to write a claim, focusing on unjust enrichment of the company.
You did not have time
Expiration is another possible reason why a store refuses to cash out a certificate. You should be aware that the validity period is not considered sufficient reason for the seller to hold money. He is obliged to return everything that was acquired without reason and illegally.
Penalties
Some gift certificates for men and women contain additional information in small print. Often this is information about the penalties that will follow after the termination of the preliminary contract. Based on this, the store returns to the card holder only part of its value, which is not legal.
However, do not forget that the cost of issuing the certificate may be withheld from the holder of the certificate. In such a situation, it is necessary to insist on documentary evidence that this amount was spent.
It’s not allowed here
Suppose that a person was presented with a certificate of a large distribution network. This implies that he can use it at any point that belongs to the company. If a card holder is denied service at any of the stores, this may serve as a sufficient reason for its return.
Going to court
Suppose the store has reviewed the claim and refused to satisfy the cardholder’s requirements. Is it possible to return a gift certificate in a similar situation? A person can achieve his goal by contacting the court.
It is worth remembering that new claims can be added to the lawsuit. We are talking about material compensation for legal costs and moral damages, as well as the payment of forfeit. It is definitely worth notifying the store of your intention to go to court. It is highly likely that the seller decides to go towards the cardholder in order to avoid legal proceedings.
Conclusion
It is quite possible to get money for a gift certificate that the owner does not need. To do this, just use one of the methods discussed above. The law in this situation is on the side of the gift card holder.
