Do distance Selling Regs apply to gift vouchers

BeeBee12

Hiya,

does anyone know if the distance selling regulations apply to the purchase of gift vouchers?
e.g. if I buy gift vouchers online or over the phone for John Leiws or Debenhams, can I return them?

Also, do the regulations apply in the same way for both phone and internet purchased?

thanks for any advice anyone can give on this!

bris

Yes, they are classed as the provision of a service, so DSR applies if you have not started that service, i.e. you have not either spent or part spent them.

Optimist

Probably, as indeed may the Financial Services Distance Marketing Regulations

arcon5

Although the gift voucher will be active and available for use instantly, and usually where the product is a service your right to cancel ends when the service starts. So you may not have the right to cancel

Optimist

arcon5 wrote: »

Although the gift voucher will be active and available for use instantly, and usually where the product is a service your right to cancel ends when the service starts. So you may not have the right to cancel

This is why I mentioned the Financial Services Distance Marketing Regulations where there is a 14 day statutory right to cancel.

As far as I can see a gift voucher would more appropriately fall under the above regulations as it is a financial service ie electronic money.

bris

arcon5 wrote: »

Although the gift voucher will be active and available for use instantly, and usually where the product is a service your right to cancel ends when the service starts. So you may not have the right to cancel

Gift vouchers have their own part in the DSR and they are within the guidelines as being able to cancel them under DSR.

arcon5

bris wrote: »

Gift vouchers have their own part in the DSR and they are within the guidelines as being able to cancel them under DSR.

Didn't know that but happy to learn something new. What part of DSRs specifically cover gift cards?

bris

If they are provided as a service then it would be classed as a financial service so the same rights apply as it would in other financial services, so either way the right to cancel is there.

Do the DSRs apply to the sale of gift vouchers?
2.15 Yes. In our view, the provision of gift vouchers is a contract for the
supply of a service. The provision of vouchers that are in the form of
electronic money (such as a card with a magnetic strip that may be
accepted as a form of payment) may be considered the provision of a
’financial service’ and so the FSDMRs will apply.

arcon5

Is the above quote from the OFT?
As I don't see anything like that in DSR regs. Although it does say 'may be' so seem op needs to give us more information about the gift card purchased (que op..).

Although will have to leave this one to you guys as in light of yours and optimists post I have to admit I know nothing about this subject (maybe research for another day).

shaun_from_Africa

The provision of vouchers that are in the form of
electronic money (such as a card with a magnetic strip that may be accepted as a form of payment) may be considered the provision of a ’financial service’ and so the FSDMRs will apply.

There is one thing to bear in mind about this.
If a service is cancelled under the Financial services distance regulations, the business who provided the service is entitled to make a charge to cover their costs incurred in setting up that service.
Although I can't imagine many companies actually doing this, they do have the right if they wanted to.

Slowhand

arcon5 wrote: »

Is the above quote from the OFT?
As I don't see anything like that in DSR regs. Although it does say 'may be' so seem op needs to give us more information about the gift card purchased (que op..).

Although will have to leave this one to you guys as in light of yours and optimists post I have to admit I know nothing about this subject (maybe research for another day).

it's from the Guide. Page 8 here:-

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf