Help with wayfair closing my account with an active balance

HillStreetBlues

You might have to end up in the "small claims" court.
Letting you top but not letting you spend it is clearly unfair and won't be able to hide behind their T&Cs

born_again

Interesting term here.

• The consideration paid for the gift certificate, including any unredeemed balances, is the property of the Wayfair.

https://terms.wayfair.io/en-UK?csnid=&csnutid=23cca2b0-63a6-f0a1-913f-052929648802&txid=I8yisGO8YhiOdeWTDKdrAg==#gcterms

pinkshoes

born_again said:

Interesting term here.

• The consideration paid for the gift certificate, including any unredeemed balances, is the property of the Wayfair.

https://terms.wayfair.io/en-UK?csnid=&csnutid=23cca2b0-63a6-f0a1-913f-052929648802&txid=I8yisGO8YhiOdeWTDKdrAg==#gcterms

It then states before that:

• If we suspect any fraud or misuse in connection with a gift certificate, we reserve the right in our discretion to suspend or terminate use of the gift certificate.

So I'd say this is an unfair term. The OP has not committed fraud. They just returned 3 items which were faulty or incorrect. 

@alex777777 have you tried contacting them via their social media sources? 

https://www.instagram.com/wayfairuk/

https://www.facebook.com/WayfairUK/

https://twitter.com/WayfairUK

I would post on all three in the public domain if possible stating they have closed your account due to THEM sending the incorrect or faulty items three times and are refusing to let you spend your £250 gift voucher so please could someone PHONE you ASAP to sort this out and either re-open your account so you can spend the voucher or refund the £250. 

I think your last resort would have to be a Letter Before Action threatening legal action unless they reopen the account or refund the £250 balance, but as they are an Irish company then this isn't quite so straight forward. 

Wonka_2

pinkshoes said:

born_again said:

Interesting term here.

• The consideration paid for the gift certificate, including any unredeemed balances, is the property of the Wayfair.

https://terms.wayfair.io/en-UK?csnid=&csnutid=23cca2b0-63a6-f0a1-913f-052929648802&txid=I8yisGO8YhiOdeWTDKdrAg==#gcterms

It then states before that:

• If we suspect any fraud or misuse in connection with a gift certificate, we reserve the right in our discretion to suspend or terminate use of the gift certificate.

So I'd say this is an unfair term. The OP has not committed fraud. They just returned 3 items which were faulty or incorrect. 

 

@alex777777 did you pay for these items with the gift card and have they then refunded to cash ? or are the returns completely unconnected with the gift card ?

If the former are they considering this as well as the pure return of the items as fraud/misuse ?

user1977

born_again said:

Interesting term here.

• The consideration paid for the gift certificate, including any unredeemed balances, is the property of the Wayfair.

https://terms.wayfair.io/en-UK?csnid=&csnutid=23cca2b0-63a6-f0a1-913f-052929648802&txid=I8yisGO8YhiOdeWTDKdrAg==#gcterms

Is that interesting? I would say that's normal i.e. if you give them money for the gift certificate, the money becomes theirs. It doesn't mean they're not obliged to then sell you goods to the value of the gift certificate.

WhiskersTheWonderCat

alex777777 said:

Yeh I got the gift card from amazon as a present but wanted to buy an item from wayfair the gift card is valid, I have used it once but I still have the balance of £250 in my account I can still see the amount in my account but when I try to purchase anything they automatically cancel it.

It may be valid, but it still might be stolen or fraudulent. Was the giftcard from Amazon themselves? Or a third-party seller? And did it cost £250? 

alex777777

Hi yes there no issue with the gift card it was for the same amount and sold my wayfair on amazon, the problem seems to be with the returns they have decided not to let me purchase anything else despite admitting fault on all 3 items.

Alderbank

We have all assumed that Alex was the purchaser of the Wayfair voucher and therefore has contractual and consumer rights, because in his first post he said, 'This was all fine, I bought a wayfair voucher for £250 which was in my account...'

However in his latest post he says, 'I got the gift card from amazon as a present...'

I think this makes a difference. We have seen in previous threads about gift cards and vouchers that all the legal rights remain with the original purchaser. Gift cards are often given by employers as rewards or employee incentives. In those cases there won't even be any consumer rights, only contractual rights.

@Alex777777, I believe Wayfair are not talking to you because when they start investigating they see that you were not the original purchaser. Can you ask whoever made the original payment to Wayfair to challenge what has happened? They, and only they, are entitled to ask about the goods they have paid for.

Undervalued

alex777777 said:

Hi yes there no issue with the gift card it was for the same amount and sold my wayfair on amazon, the problem seems to be with the returns they have decided not to let me purchase anything else despite admitting fault on all 3 items.

That they are quite entitled to do. Any company can refuse further business from any customer, with or without a reason, as long as the real reason doesn't amount to unlawful discrimination (e.g race, gender sexuality etc).

That is quite separate to the question of the voucher balance, which is far more complicated. It may depend on the exact terms and conditions you agreed to (assuming they are lawful) when you bought the voucher. You may need to seek legal advice on that from somebody who can scrutinise the "small print".

Quite why anybody buys vouchers I will never know but that is another matter! 

eskbanker

Alderbank said:

We have all assumed that Alex was the purchaser of the Wayfair voucher and therefore has contractual and consumer rights, because in his first post he said, 'This was all fine, I bought a wayfair voucher for £250 which was in my account...'

However in his latest post he says, 'I got the gift card from amazon as a present...'

I think this makes a difference. We have seen in previous threads about gift cards and vouchers that all the legal rights remain with the original purchaser. Gift cards are often given by employers as rewards or employee incentives. In those cases there won't even be any consumer rights, only contractual rights.

@Alex777777, I believe Wayfair are not talking to you because when they start investigating they see that you were not the original purchaser. Can you ask whoever made the original payment to Wayfair to challenge what has happened? They, and only they, are entitled to ask about the goods they have paid for.

Surely the scenario is that OP was given an Amazon gift card and then used that to buy a Wayfair voucher?

https://www.amazon.co.uk/Wayfair-Gift-Card-Delivered-email/dp/B08PHDL3DN/

I can't see how the fact that the Amazon gift card was originally purchased by someone else would even be visible, never mind relevant, to Wayfair?