B&Q insists refund of online purchase made using gift vouchers in the form of credit note

LearningToBePassive

Hello

I've seen similar questions being asked but nothing directly addressing my situation so am hoping you can offer me advice. 

I used a B&Q gift voucher to make a purchase online.  I then returned the item under the Distance Selling Regulations within the 14 day cooling off period.  B&Q insisted that my refund be in the form of a credit note which can only be used in store rather than online as I would have liked.

I see that B&Qs Ts&Cs do state this:  "Where B&Q agrees to provide a refund for products purchased using a gift card, the amount of the purchase price paid using that gift card will be reimbursed by way of a credit note for use in B&Q stores in the UK."  However, that appears to be in breach of Paragraph 16 of Section 20 of the Consumer Rights act 2015:  "If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise."   From what I can find out, paying using a gift card still counts as having "paid money under the contract" so I should expect to be able to receive my refund in the form of a gift card.

To compound the problem, the original gift card had a 5 year expiry but the credit note has only 12 months.

Are B&Q right to insist I accept an in-store only credit note?  If they are, can they impose a shorter expiry period on the refund than the original gift card.

Thank you very much

DullGreyGuy

Consumer rights act mainly deals with faulty items whereas CCR is where regs about right to reject goods bought on line simply because you want to (aka change of mind) however it has similar terms under 34(7)

It's going to be nuanced if the law sees any difference between a credit note and gift card. Realistically is it going to be a problem to spend it within 12 months in store or is this one of those "principle" things? 

la531983

Can you not buy a gift card with the credit note?

LearningToBePassive

la531983 said:

Can you not buy a gift card with the credit note?

No - the credit note explicitly excludes that 

LearningToBePassive

DullGreyGuy said:

It's going to be nuanced if the law sees any difference between a credit note and gift card. Realistically is it going to be a problem to spend it within 12 months in store or is this one of those "principle" things? 

The credit note is for 12 months and in-store only while the gift card can be used online and in-store and valid for 5 years - but perhaps you're right that's not legally significant. 
The major reason I prefer to have a gift card is that if I lose or damage the credit note, it's worthless (a photo won't do) while I only have to hold onto the gift card reference.  I honestly don't know if I will spend £80 in store in B&Q in the next 12 months so don't like being forced to go that route.

Largs

I was told a credit note will be refunded as another credit note.  If by month 11 you are not planning on using it, buy something and return that and the store will issue another credit note for 12 months. Not ideal, but play them at their own game.

I made the misrake of buying things to use it up but I was buying things that were well overpriced, sugar soap @ £6 when it was £2 elsewhere, rollers at £5 when they were half that in other stores. 

What I have come to learn after decorating my mum and dads former home and dealing with their garden, B&Q is the last shop I would go to for anything home and DIY related as the prices are simply shocking.

Aylesbury_Duck

Largs said:

I was told a credit note will be refunded as another credit note.  If by month 11 you are not planning on using it, buy something and return that and the store will issue another credit note for 12 months. Not ideal, but play them at their own game.

I made the misrake of buying things to use it up but I was buying things that were well overpriced, sugar soap @ £6 when it was £2 elsewhere, rollers at £5 when they were half that in other stores. 

What I have come to learn after decorating my mum and dads former home and dealing with their garden, B&Q is the last shop I would go to for anything home and DIY related as the prices are simply shocking.

Try Screwfix.  It's the same parent corporation and the price differences between identical or similar products are significant.  Unsurprising, really.  Large barn-type retail stores are much more expensive to staff and run than a warehouse and sales counter.

Okell

LearningToBePassive said:

DullGreyGuy said:

It's going to be nuanced if the law sees any difference between a credit note and gift card. Realistically is it going to be a problem to spend it within 12 months in store or is this one of those "principle" things? 

The credit note is for 12 months and in-store only while the gift card can be used online and in-store and valid for 5 years - but perhaps you're right that's not legally significant. 
The major reason I prefer to have a gift card is that if I lose or damage the credit note, it's worthless (a photo won't do) while I only have to hold onto the gift card reference.  I honestly don't know if I will spend £80 in store in B&Q in the next 12 months so don't like being forced to go that route.

Para 34(7) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 is perfectly clear:

"  (7)  The trader must make the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise."  [My bold for emphasis]

Go back to B&Q, quote the above to them and tell tham you want the refund as a 5 year gift card for use online and instore, otherwise you will complain to Trading Standards.

(The above advice assumes (1) that you did actually return the goods under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and, (2) that you did clearly tell them that you were cancelling the contract under those regs

LearningToBePassive

Okell said:

Go back to B&Q, quote the above to them and tell tham you want the refund as a 5 year gift card for use online and instore, otherwise you will complain to Trading Standards.

Thank you for this - I will give it a go. 

Murphybear

Aylesbury_Duck said:

Largs said:

I was told a credit note will be refunded as another credit note.  If by month 11 you are not planning on using it, buy something and return that and the store will issue another credit note for 12 months. Not ideal, but play them at their own game.

I made the misrake of buying things to use it up but I was buying things that were well overpriced, sugar soap @ £6 when it was £2 elsewhere, rollers at £5 when they were half that in other stores. 

What I have come to learn after decorating my mum and dads former home and dealing with their garden, B&Q is the last shop I would go to for anything home and DIY related as the prices are simply shocking.

Try Screwfix.  It's the same parent corporation and the price differences between identical or similar products are significant.  Unsurprising, really.  Large barn-type retail stores are much more expensive to staff and run than a warehouse and sales counter.

I bought some sugar soap last week from B & Q.  It was £3.50

LearningToBePassive

I followed up with B&Q and they pushed back.  I then asked Citizens Advice who told me that by implicitly agreeing to the B&Q terms and conditions when I bought the gift voucher, these take precedence.  I've learnt my lesson.  Thanks for your advice here.