Online Refund to e-gift card

Cavareo

I returned an order to New Look and apparently accidentally ticked refund to e-gift card rather than original payment method of credit card. Something I know I would never have willingly chosen particularly given I rarely shop there and it was for over £100. 

I did complain at the time asking for this to be corrected but they refused. 

The refund was issued on 31/10/24 with 12 months to use.   However their T&Cs state the following:

This refund gift card will automatically expire after 12 months of consecutive non-use

I managed to spend some of it, last used in April this year so I assumed I had 12 months from then to spend balance of £75.71 taking into account their T&Cs but they are saying it’s 12 months from when card was last topped up not when last used!

So basically as things stand they have kept over £70 of my money for goods that I returned.

Do I have any rights in this case or have I completely misread their T&Cs? Many thanks

soolin

Perhaps I’m missing something but I can’t see anything unclear , the gift card expired after 12 months, unfortunately I think you’ve lost your money. 

Aylesbury_Duck

I think you've (perhaps understandably) misunderstood the terms.  I haven't looked at them in detail but from the one line you've quoted I would have inferred that it was either 12 months of not spending (as you inferred) or 12 months of not topping-up.  I assume there are other terms that you haven't quoted, which perhaps make it clear?

If that line is the only one related to expiry, then I think it is ambiguous because it implies either of the two conditions I mention.

In the circumstances I think the best you can hope to achieve is a well-worded and polite complaint in the hope of getting the balance restored as a goodwill gesture.

Cavareo

Thanks both for feedback. I took it to be 12 months since last used (consecutive non use ie since April).  I’m so annoyed as really who would opt for a gift card refund as opposed to a ‘cash’ refund! No idea why this is even an option unless of course you paid by gift card in the first instance. Thanks anyway appreciate the feedback 

Cavareo

screenshot

TELLIT01

If the OP used the card in April there certainly haven't been 12 months of non-use.  There is nothing in the highlighted T&C entry mentioning topping up.

user1977

Not sure how you can regard a redemption from the account as anything other than a "use" of the card? It's not "12 months after the card last had a credit applied to the account". Some retailers even treat an online check of the balance as something which resets the clock.

the_lunatic_is_in_my_head

Section 69 of the CRA says where terms may mean different things the meaning most favourable to the consumer prevail so what they think it means is irrelevant really. 

Sent them a letter before action OP, templates on Google, doubt they will go to court for £70 either way but you (edit: may) need to file a claim online before they fold. 

Cavareo

Thanks everyone I’ll do a letter of complaint. I know £70 isn’t a lot but it’s the principle. Plus if they had given me a proper refund in the first instance then the situation would never have occurred. 

Aylesbury_Duck

Cavareo said:

screenshot

That's ambiguous, so I think you have cause to complain, using the route others have suggested.

Aylesbury_Duck

Cavareo said:

Thanks everyone I’ll do a letter of complaint. I know £70 isn’t a lot but it’s the principle. Plus if they had given me a proper refund in the first instance then the situation would never have occurred. 

Don't complain, do as lunatic suggests and send them a letter before action.  It just might generate restoration of the balance, because their terms are ambiguous.