Consumer affairs: Can sellers change gift vouchers’ terms of use?
A consumer asks whether a shop can refuse to let her pay for a €20 dress using a €50 voucher
Gift vouchers are a popular form of payment, providing consumers with flexibility and convenience when shopping. But many people are unsure about their rights regarding the use of vouchers, particularly when a shop imposes unexpected restrictions on how they can be redeemed.
A consumer recently reached out to the Office for Consumer Affairs at the Malta Competition and Consumer Affairs Authority, with a concern regarding the use of a gift voucher at a local clothing shop. The voucher, worth €50, had nothing written on it stating that it had to be used in a single transaction. However, when the consumer tried to buy a dress worth €20 using the voucher, the salesperson refused to accept it, claiming that the voucher could only be redeemed for the full €50 in one transaction. Frustrated, the consumer sought the Office for Consumer Affairs’ advice as to whether the seller was within its rights to refuse to accept the voucher or whether the consumer had any grounds to challenge the seller’s decision.
The Office clarified that since the voucher did not specify that it had to be used in one go, the consumer was entitled to redeem it for a partial payment. The consumer was also advised to escalate the issue with the shop’s management, and if no satisfactory resolution was reached, they could file a formal complaint.
Consumers should be aware that while consumer legislation does not specifically regulate the terms and conditions that sellers impose on vouchers, sellers are still obliged to inform consumers about these terms before the voucher is sold. In other words, the terms must be clearly communicated to the consumer at the time of purchase, ensuring that the consumer is fully aware of how the voucher can be used. Moreover, once the voucher is purchased and the terms of use are written on the voucher, they become legally binding and cannot be altered.
It is wise to keep track of the voucher and redeem it sooner rather than later
Another important condition to look out for before buying a gift voucher is the expiry date. This date can, in fact, range from just a few months to several years, depending on the shop issuing the voucher.
Consumers are sometimes also given the option to buy gift vouchers that do not expire, which offer greater flexibility. While these vouchers are undoubtedly more convenient to use, it is still advisable to redeem them within a reasonable time frame. This is because there is always the risk of losing the voucher or the shop closing down. In such cases, consumers may find themselves left empty-handed, unable to use their gift vouchers.
Therefore, it is wise to keep track of the voucher and redeem it sooner rather than later to avoid potential issues.
When a gift voucher has an expiry date, consumers are responsible to use them before they expire. Once a voucher has expired, the seller is not legally obliged to allow its use or extend its validity period. Having said this, if asked, some retailers may be willing to extend these vouchers. However, such requests should ideally be made before the gift voucher expires, and not after.
When one is about to buy a gift voucher, it is also worth checking if it can be personalised. As vouchers might get lost, having a personalised voucher would make it possible for the seller to cancel the lost voucher and issue a replacement.
In conclusion, it is important for consumers to carefully review gift vouchers’ terms and conditions to ensure they can be used when needed and that there are no unexpected restrictions.
If consumers find themselves in a situation where the seller does not honour the agreed terms and conditions, or attempts to impose new ones, they have the right to insist that the original terms are adhered to. In cases where no agreement can be reached with the seller, consumers may seek the assistance of the Office for Consumer Affairs, which can provide support in resolving disputes and ensuring that consumer rights are respected.
Odette Vella is director, Information and Research Directorate, MCCAA.
The information published in this article is for information purposes only and does not constitute a legal advice. Any legal claim should be based on the relevant legal texts.