Refund of a Gift Card

AliC999

Hello - I purchased a gift card for my wife through Harry Hall for Valentine's day. The actual items she wanted to buy were no longer available and she has found them cheaper elsewhere too. So I asked for a refund of the gift card (£100) - purchased on a debit card. The original gift card voucher was sent by email and was not used. I cannot see any specific mention of gift cards on their T&Cs they sent, but it does mention 30 days to return goods. I asked for a refund within 2 days of purchase of the gift card. They replied saying they do not give refunds on gift cards. My belief was that as I purchased the gift card online, it should fall under the CCA return, but I can't find anywhere where it mentions purchasing a gift card, as opposed to goods. Can anyone help? Many thanks, Ali 

pinkshoes

It very clearly says on their webpage which you click on gift cards:

"valid for 12 months from the date of issue, are non refundable".

But saying that, I remember last year someone mentioning that gift cards came under the distance selling regulations as they were deemed to be a "financial service". Can't help with a link though!

Aylesbury_Duck

I thought they were covered, but worth checking.  I seem to recall that the debate revolved around whether they were a financial service and whether that service commenced when the voucher was purchased, or when it was used.

AliC999

Thanks both - I'll try and google the financial service aspect. I'm probably being blind / thick, but I can't see where it says non refundable on the site when you click on gift card? 

visidigi

AliC999 said:

Thanks both - I'll try and google the financial service aspect. I'm probably being blind / thick, but I can't see where it says non refundable on the site when you click on gift card? 

https://harryhall.com/gift-cards
Text under the big picture....
Select your design, choose the value you want to gift and add it to your basket. All Harry Hall gift cards range from £10 to £150 and are valid for 12 months from the date of issue, are non refundable and product exclusions apply - cannot be redeemed against membership and insurance.

photome

visidigi said:

AliC999 said:

Thanks both - I'll try and google the financial service aspect. I'm probably being blind / thick, but I can't see where it says non refundable on the site when you click on gift card? 

https://harryhall.com/gift-cards
Text under the big picture....
Select your design, choose the value you want to gift and add it to your basket. All Harry Hall gift cards range from £10 to £150 and are valid for 12 months from the date of issue, are non refundable and product exclusions apply - cannot be redeemed against membership and insurance.

I see something different to you,takee from the same website, no mention of non refundable but it does say can only be cancelled within 14 days

Why not treat someone special to the perfect gift, allowing them to choose their favourite products from our wide range.

Choose the value you want to gift and add it to your basket. Harry Hall gift cards range from £10 to £150 and are valid for 12 months from the date of issue.

You will receive a digital copy of the gift card via email, which you can then print off or share with the recipient. If you would like a physical copy posting out please contact our customer service team at contact@harryhall.com, or call us on 01274 711 099 between 9am and 5:30pm - Monday to Friday.

Gift Cards can only be cancelled within 14 days of purchase.

born_again

photome said:

visidigi said:

AliC999 said:

Thanks both - I'll try and google the financial service aspect. I'm probably being blind / thick, but I can't see where it says non refundable on the site when you click on gift card? 

https://harryhall.com/gift-cards
Text under the big picture....
Select your design, choose the value you want to gift and add it to your basket. All Harry Hall gift cards range from £10 to £150 and are valid for 12 months from the date of issue, are non refundable and product exclusions apply - cannot be redeemed against membership and insurance.

I see something different to you,takee from the same website, no mention of non refundable but it does say can only be cancelled within 14 days

Why not treat someone special to the perfect gift, allowing them to choose their favourite products from our wide range.

Choose the value you want to gift and add it to your basket. Harry Hall gift cards range from £10 to £150 and are valid for 12 months from the date of issue.

You will receive a digital copy of the gift card via email, which you can then print off or share with the recipient. If you would like a physical copy posting out please contact our customer service team at contact@harryhall.com, or call us on 01274 711 099 between 9am and 5:30pm - Monday to Friday.

Gift Cards can only be cancelled within 14 days of purchase.

I get the same as the previous poster. Its on the page in the link (DO NOT CLICK AWAY FROM PAGE)
>>What do you get someone that’s mad about horses?! There’s only one answer, a Harry Hall gift card!

Select your design, choose the value you want to gift and add it to your basket. All Harry Hall gift cards range from £10 to £150 and are valid for 12 months from the date of issue, are non refundable and product exclusions apply - cannot be redeemed against membership and insurance.<<

What it appears you are doing is clicking on one of the cards. Which does take you to a page with what you quoted.

DoaM

I concur ... I see what @visidigi and @born_again see.

unholyangel

I would also point out that when in the gift card listing, they state in the "delivery & returns section":

We offer a 60 day returns promise for you to return your items for an exchange or refund.
You can return items to us via Royal Mail using the return address label in your parcel. This service is FREE in the UK.
Click here to find out more about our returns policy.

That returns policy does not seem to exclude gift cards in any way, shape or form. 

DoaM said:

I concur ... I see what @visidigi and @born_again see.

I think you mean photome and born_again. Tried to do a winky face but it broke my post so I've removed it. 

I checked half a dozen cards and couldn't see anything different. None stated non-refundable. All said they could be cancelled within 14 days. 

T&C's don't state 14 days or 60 days. It states the goods must be returned within 30 "business days" of receipt of the goods. 

3 sets of conflicting terms/info. None of which seems to say gift cards are non refundable like visidigi is seeing or the retailer is claiming. 

DoaM

unholyangel said:

I think you mean photome and born_again. Tried to do a winky face but it broke my post so I've removed it.

Nope ... I meant exactly whom I tagged. Click on the link in @visidigi's post and I see that exact wording posted.

unholyangel

DoaM said:

unholyangel said:

I think you mean photome and born_again. Tried to do a winky face but it broke my post so I've removed it.

Nope ... I meant exactly whom I tagged. Click on the link in @visidigi's post and I see that exact wording posted.

So is that 4 sets of conflicting terms then? 

In any event, OP will have a right to cancel. Under the old DSRs, OFT considered this their stance:

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.

FSDMRs also give the right to cancel for 14 days.