What are my rights!!!

kaz1773

my 40th birthday last week I asked my friend for gift vouchers for fish equipment at my local garden centre. she gave me £50 worth. when she brought the gift vouchers she stated they were for fish and was sold the vouchers, unfortunately I went at the weekend (3 days after purchase) to use my vouchers to be told the fish section was not part of the garden centre (although it is based inside the garden centre) it was a seperate franchise and they could not exchange the vouchers.
I went to the sales point in the garden centre and explained the situation and explained that when they were purchased my friends stated they were for fish so they had been misleading when sold. she would not help me at all and hence i have come home with my £50 still in vouchers and had to pay for my fish equipment.
Where do I stand with this!!!!! sorry hope this makes sense and someone can explain my rights.

CoolHotCold

Going to be harsh, but give the vouchers back to your friend.

You have no contract with either of the garden centre parties so they can turn around and simply say No, it also puts you in a weak position by trying to argue what your friend said when she isn't there, it sounds like you are making it up.

railbuff

kaz1773 wrote: »

my 40th birthday last week I asked my friend for gift vouchers for fish equipment at my local garden centre. she gave me £50 worth. when she brought the gift vouchers she stated they were for fish and was sold the vouchers, unfortunately I went at the weekend (3 days after purchase) to use my vouchers to be told the fish section was not part of the garden centre (although it is based inside the garden centre) it was a seperate franchise and they could not exchange the vouchers.
I went to the sales point in the garden centre and explained the situation and explained that when they were purchased my friends stated they were for fish so they had been misleading when sold. she would not help me at all and hence i have come home with my £50 still in vouchers and had to pay for my fish equipment.
Where do I stand with this!!!!! sorry hope this makes sense and someone can explain my rights.

You wont like this, but as you never purchased the vouchers you have no rights
you friend is the one who purchased them, so it is them who have the contract with the retailer

ThumbRemote

From Martins guide to consumer rights
http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Can I return goods that are a gift?

On the surface, the answer is no as you've no contract with the seller – it's the person who pays for the item who has the contract and will need to sort out any problems.
Yet this can be overcome if the buyer tells the seller they are passing on the rights by "conferring the benefit of the contract" under the Contracts (Rights of Third Parties Act) 1999.
In plain English, this means you need to make it clear – ideally in writing – you're buying for someone else by stating their name or giving a particular description, such as them being a family member, eg, writing "this is a gift for Martin Lewis" on the receipt at the time of purchase. This extra term then becomes part of your contract too.
As with other rights, stores do often provide over and above their obligation so may help with a faulty gift. Yet there's no harm in remembering to tell them it's a gift if you buy an expensive present for someone.

I think the friend made it pretty clear they were a gift (who buys gift vouchers for themselves?) so there's a good argument that the OP does have the full consumer rights.

ThumbRemote

kaz1773 wrote: »

my 40th birthday last week I asked my friend for gift vouchers for fish equipment at my local garden centre. she gave me £50 worth. when she brought the gift vouchers she stated they were for fish and was sold the vouchers, unfortunately I went at the weekend (3 days after purchase) to use my vouchers to be told the fish section was not part of the garden centre (although it is based inside the garden centre) it was a seperate franchise and they could not exchange the vouchers.
I went to the sales point in the garden centre and explained the situation and explained that when they were purchased my friends stated they were for fish so they had been misleading when sold. she would not help me at all and hence i have come home with my £50 still in vouchers and had to pay for my fish equipment.
Where do I stand with this!!!!! sorry hope this makes sense and someone can explain my rights.

You could go back to the garden centre and insist the vouchers were mis-sold, and you want a full refund. State that it was made clear they were a gift, and what they were to be used for, at the time of purchase.

If that fails, write to the garden centre manager and state you want a full refund, or you will take legal action.

If that fails, letter before action and small claims court.

Or for an easier life, tell your friend all was OK, then give the vouchers as a gift to someone else on their birthday.

railbuff

ThumbRemote wrote: »

(who buys gift vouchers for themselves?)

I do over the winter. Not making a lot of income, when i have some spare cash i will visit my local garden centre during the winter and purchase gift vouchers so i can use them in the summer on items for my allotment. this way i know i have most of the funds for seeds etc. rather than spen the moeny in the winter and have nothing to gets seeds etc when i need them.

But regardless you receive a gift you are not the purchaser so have no contract with retailer.

pmduk

Well make sure you're fully aware of the risks of such vouchers. Coulds you not save the cash in a separate account, rather than taking the chance of losing their value.

railbuff

pmduk wrote: »

Well make sure you're fully aware of the risks of such vouchers. Coulds you not save the cash in a separate account, rather than taking the chance of losing their value.

they are national garden vouchers, so can be used at any garden centre across the UK. If this voucher scheme does go bust my local centre will honour them as long as i have all the till receipts ( I asked then yesterday after the HMV issue)

ThumbRemote

railbuff wrote: »

But regardless you receive a gift you are not the purchaser so have no contract with retailer.

Did you read the text I quoted in my post? There are occasions when the rights of the purchaser can be transferred. This may be such an occasion.

Robin_TBW

I'll never understand gift vouchers. Why bother?