News2 mins ago
Gift Card Refund
12 Answers
Hi, my wife bought me a £100 gift card from H Samuels for christmas as she never knows what to buy me, now I have looked through their catalogue and cant find anything I want so told the wife to take it back and get a refund.
She called in today and asked for the money back and they told her that they didnt do refunds.
Is this right and legal.
Thanks
She called in today and asked for the money back and they told her that they didnt do refunds.
Is this right and legal.
Thanks
Answers
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http:// www.hsa muel.co .uk/web store/s tatic/c ustomer service /egiftc ards.do
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It's perfectly legal.
The law regards your wife's transaction as a 'purchase' in just the same way as if she'd bought a physical item. Instead though, she bought a service, provider the bearer of the gift card with the right to select an item worth £100. Since neither the service offered (nor any item obtained through it) was mis-represented or faulty, there is no right to a refund. (Even with a physical purchase, a shop is never obliged to offer a refund, replacement item or credit note unless the item was faulty or mis-represented or unless the shop actually offered such a refund/replacement service as part of its terms of trading).
Further, if shops allowed gift cards to be purchased (without any form of identification from the purchaser) and then converted back to cash they might well be breaking the law because such transactions can fall foul of anti-money laundering legislation.
The law regards your wife's transaction as a 'purchase' in just the same way as if she'd bought a physical item. Instead though, she bought a service, provider the bearer of the gift card with the right to select an item worth £100. Since neither the service offered (nor any item obtained through it) was mis-represented or faulty, there is no right to a refund. (Even with a physical purchase, a shop is never obliged to offer a refund, replacement item or credit note unless the item was faulty or mis-represented or unless the shop actually offered such a refund/replacement service as part of its terms of trading).
Further, if shops allowed gift cards to be purchased (without any form of identification from the purchaser) and then converted back to cash they might well be breaking the law because such transactions can fall foul of anti-money laundering legislation.
I can't believe that you were so ungrateful that you told your wife to get a refund. Couldn't you just be nice and go and get a watch or a pair of cufflinks for £50, and wear them sometimes to make your wife happy? And then with the rest of the money, buy some jewellery for your wife to apologise for upsetting her? Sorry, but this question has nothing to do with what's legal, it's about common courtesy when receiving a gift.