Gift Code being refused by supplier

beckyjlong80

HELP PLEASE
I was send a gift card by an on-line shop, there were 2 elements to it, 1 - 50% off discount code and 2 - £50 Gift card to celebrate the companies birthday.


I used the £50 code and purchased a load of stuff, it went through all ok and I had £4 to pay, which I did via pay pal.


The company then refunded my £4 and told me they didn't mean to send the gift card and will not honour it.


IS THERE ANYTHING I CAN DO........I REALLY WANT SOME ITEMS FROM THIS SITE AND IF I CAN GET THEM DISCOUNTED ALL THE BETTER.

pawsies

No.

You offered a price, they rejected it which they are legally allowed to do

marliepanda

What website was it?

If it was mistake, which a £50 free giftcard would be unless everything on the site was in the high hundreds, then you cannot force them to honour that giftcard.

unholyangel

Presuming there was no consideration given in exchange for the gift card then no legally binding contract exists so you cant force them to honour the gift card.

GrumpyPL

No you can't... this is covered likely in their Terms & Conditions which almost every online store has now which says something roughly along the lines of - "The contract for your purchase is confimed upon us sending you notification of the product being shipped".

Collabora

GrumpyPL wrote: »

No you can't... this is covered likely in their Terms & Conditions which almost every online store has now which says something roughly along the lines of - [STRIKE]"The contract for your purchase is confimed upon us sending you notification of the product being shipped"[/STRIKE]The contract is formed once the goods are dispatched.

I corrected you as its not formed by email confirmation, it is formed on actual dispatch

daytona0

Collabora wrote: »

I corrected you as its not formed by email confirmation, it is formed on actual dispatch

Unless it has changed recently, I don't think your correction is correct....


The dispatch confirmation is the only time a customer receives information about their contract beyond payment. Without a confirmation email it is unclear as to when the contract is formed and thus one would need to question the seller/royal mail about when the item was handed over to the courier. It is quite a hassle in contrast to an email. It is also not clear for the customer....


I am 95% sure (it was 100% until I saw your post) that the contract forms once a dispatch email is sent, and this is how the company I worked for operated (online retailer). If you can link us to the relevant legislation which highlights your correction then that would be very helpful for all parties.

mije1983

daytona0 wrote: »

If you can link us to the relevant legislation which highlights your correction then that would be very helpful for all parties.

There is no legislation, it all depends on the individual company. Nearly everyone I have used online say the contract is formed on dispatch of the items.


John Lewis:

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered

Argos:

Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered

M&S:

Our acceptance of your order will take place only when we despatch the product(s) or commencement of the services that you ordered from us.

I would assume the website the OP refers to is the same, but without knowing who it is it is impossible to say for certain.

Collabora

daytona0 wrote: »

Unless it has changed recently, I don't think your correction is correct....


The dispatch confirmation is the only time a customer receives information about their contract beyond payment. Without a confirmation email it is unclear as to when the contract is formed and thus one would need to question the seller/royal mail about when the item was handed over to the courier. It is quite a hassle in contrast to an email. It is also not clear for the customer....


I am 95% sure (it was 100% until I saw your post) that the contract forms once a dispatch email is sent, and this is how the company I worked for operated (online retailer). If you can link us to the relevant legislation which highlights your correction then that would be very helpful for all parties.

i suggest you read up on online retailers

from argos direct

2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it

this is the same with most online retailers

Exile_geordie

Collabora wrote: »

i suggest you read up on online retailers

from argos direct


this is the same with most online retailers

Quite and they will normally, in fact always from my experience and given the business I am in, send the customer an email to say it has been dispatched at that very moment in time.


So you had no need to correct GrumpyPL as he just worded it a bit differently

unholyangel

I dont think OP is asking whether they can cancel the order - rather the company are saying they issued the gift card in error and OP is asking if they can refuse to honour the gift card.