Lost money on expired gift card!!

securespark

I recently tried to redeem some WHS gift cards to the value of £60.00 and they had expired.

I sat there fuming for a bit, then wrote an email to WHS asking them to reinstate the value I lost.

This was their response:

Dear securespark

Many thanks for your email.

I am sorry that we have disappointed you, however, our Gift Cards do expire after 24 months and we do try to make sure that this is clear in our Terms and Conditions. These can be found on the back of the card and also on the presentation wallet. We also provide a gift receipt to let the recipient know when the card expires.

Unfortunately I am unable to help you further on this occasion. If I can be of help with any other matter though, please do let me know.

Kind regards

A Customer Services Minion.


Then I got on the old interwebby and did a bit of sniffing around. I responded like this:


Dear A Customer Services Minion

Thank you for your reply.

I would like to refer you to the Unfair Terms in Consumer Contracts Regulations 1999.

These regulations aim to prevent an imbalance in the relationship between the retailer and the consumer.

An expiry date on a voucher creates an imbalance in this relationship and causes significant detriment to the shopper.

Further, Peter McCarthy, legal officer at Which? says the contract with the consumer for such a sale would be undermined if the retailer failed to spell out the expiry rules at the point of sale, which is the case here.

He goes on to say that a retailer must tell the customer conditions apply to the vouchers and be prepared to answer questions about them. “It is not good enough to simply include terms and conditions in the small print with the voucher”.

I ask you to look again at your decision.

Signed

securespark



WHS have sent me new vouchers to the value of £60.00...

If you are in a similar situation, do what I did and write asking the company to reinstate the value they have taken away.

You have not got much to lose!

[Deleted User]

Alternatively, simply spend the vouchers before they expire!!!

tomtontom

securespark wrote: »

Kind regards

A Customer Services Minion.


...


Dear A Customer Services Minion

How can you be so condescending when you are the one that is incapable of reading a simple set of terms and conditions?

bippetyboo

I have sent a pm. Who did you contact at WHS?
Thanks

Marvel1

Moneyineptitude wrote: »

Alternatively, simply spend the vouchers before they expire!!!

Don't be silly, that is too simple.

mjm3346

DavidP24 wrote: »

The gift card I got were for a shop I would only buy from when there was a sale on and even then at the last few days and I would have to spend some of my own money.

So for me it is not a gift at all and I did not appreciate it, I would rather have had the £40 each time and I would have spent it WHERE I WANT!

The only excuses for buying a gift card are if you can either get them for less than face value or there is some other incentive (like the Morrisons fuel thing) for buying them and you know they will be spent asap.

securespark

The email address I used for Smith's was:

support@whsmith.co.uk

securespark

tomtontom wrote: »

How can you be so condescending when you are the one that is incapable of reading a simple set of terms and conditions?

I didn't call them that in my email!

However, lots of employees in call centres or CS settings are in a situation where they have no power or say in a situation, they just trot out the company line and have no power to do anything else. Often, you have to try and go up a tier to a supervisor or manager to get decision.

BTW, the T's & C's, as I'm sure you know, are not always simple and often in very small print ( I have very poor vision). The fact is that when they were sold, the conditions should have been pointed out to me.

Nasqueron

securespark wrote: »

I didn't call them that in my email!

However, lots of employees in call centres or CS settings are in a situation where they have no power or say in a situation, they just trot out the company line and have no power to do anything else. Often, you have to try and go up a tier to a supervisor or manager to get decision.

BTW, the T's & C's, as I'm sure you know, are not always simple and often in very small print ( I have very poor vision). The fact is that when they were sold, the conditions should have been pointed out to me.

If you bought the card online, for example, you ticked a box to say you had read the Ts & Cs so that will be a get out.

You do know if you hold down the Ctrl button on the keyboard you can use the + / - buttons to zoom in or out (or use a mouse scroll wheel) on a web browser allowing you to see it.

WH Smith put the 2 year condition on their website in the FAQ, it is not in small print or hidden in Ts & Cs

http://www.whsmith.co.uk/fcp/content/Home-Help-GiftsPacksandGiftCards-GiftCardsHelp/content#howlonggiftcard

DCFC79

Nasqueron wrote: »

If you bought the card online, for example, you ticked a box to say you had read the Ts & Cs so that will be a get out.

You do know if you hold down the Ctrl button on the keyboard you can use the + / - buttons to zoom in or out (or use a mouse scroll wheel) on a web browser allowing you to see it.

WH Smith put the 2 year condition on their website in the FAQ, it is not in small print or hidden in Ts & Cs

http://www.whsmith.co.uk/fcp/content/Home-Help-GiftsPacksandGiftCards-GiftCardsHelp/content#howlonggiftcard

Or if securespark couldn't still read the small print they ask a friend, neighbour or son/daughter to read them.