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Should there be better consumer protection on gift cards?
copuis
Brisbane, Queensland
3104 posts
So on my drive home from work today, I heard that the music group that owns billy hyde is going/has gone into receivership, and while staff will Continue to be paid, all outstanding gift cards will no longer be honoured

now I myself rarely get gift cards, and I can't remember ever buying one I think it is poor form on the companies part

my understanding is you buy a gift card, say $100 (and sometimes pay extra for getting that gift card), then the company holds that money in good faith until redeemed or forgotten about and the money is the company's when the card expires

and with a number of company's (that deal with gift cards) going into some form of receivership in the last few years, (and trading as normal until a formal announcement is made) should there be some limiting on these form of sales (I know I would be pissed of if I dropped some money on a billy hyde yesterday, only to find it is now worth nothing the next day)

your thoughts?
02:42pm 23/08/12 Permalink
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02:42pm 23/08/12 Permalink
dais
Brisbane, Queensland
10051 posts
I would take them to small claims for that.
02:48pm 23/08/12 Permalink
ravn0s
Brisbane, Queensland
15772 posts
i hate gift cards. i give money instead.
02:50pm 23/08/12 Permalink
TicMan
Melbourne, Victoria
8153 posts
There needs to be something particularly around the whole card expiry thing. How can they justify an expiry date on what is essentially another form of currency?
02:51pm 23/08/12 Permalink
demon
Brisbane, Queensland
6930 posts
gift cards are useless to me. work often gives westfield gift cards at christmas as a 'bonus' but hardly any shop wants to take them. i usually end up buying something i don't need for way less than the card's value just to get rid of it... otherwise it sits in my cupboard until i realise it's expired.

so my thoughts are... gift cards should die.
02:59pm 23/08/12 Permalink
FaceMan
Brisbane, Queensland
9234 posts
k-mart gift cards no longer expire, i know because Ive used some old ones recently that were past their date.
I dont think there is a use by date anymore on gift cares, it was ruled invalid by the ACCC.

Many shops use gift cards as refunds.
Credit Card rewards use gift cards too.
You should always get cash as a refund.

Billy Hydes huh ?
Didnt they recently buy out some other music store ?
nearly everyone i know buys online now.
shocking mark-ups on music gear in Australia.
02:59pm 23/08/12 Permalink
mental
Brisbane, Queensland
3448 posts
I'd prefer an expiry date if that meant you could still use them upon the company going into receivership. I no longer buy gift cards and encourage others not to buy them for me.
03:37pm 23/08/12 Permalink
orbitor
Brisbane, Queensland
8889 posts
Gift cards are worse than money in every conceivable way. Don't buy them. Companies don't even give you a bonus for basically converting your money into something worth less than the money...
03:49pm 23/08/12 Permalink
Raven
Melbourne, Victoria
7309 posts
Huh? Shops at Westfield not accepting gift cards? I thought it was a requirement of those shopping centers that they were accepted. Same with many Centro and AMP shopping centers.
04:08pm 23/08/12 Permalink
Pinky
Melbourne, Victoria
13628 posts
I would take them to small claims for that.

The end result would be that you are just another debtor owed money by a company that's in receivership. Further, you would be very low on the priority of debts owed and like most debtors would just never be paid by the failed company.

Pretty disappointing to hear about Billy Hyde.
04:12pm 23/08/12 Permalink
Nathan
Brisbane, Queensland
4071 posts
How can they justify an expiry date on what is essentially another form of currency?
I'm sure the argument would go the funds are not held in trust - when you buy a gift card, its just a straight sale. So if they never expired, they would have to hold them on record as a liability forever.

From customer point of view, they're an absolute scam and you shouldnt buy them.
04:44pm 23/08/12 Permalink
Mosfx
Gold Coast, Queensland
1232 posts
You pay the company $30 they refund $30 onto that card that only works within that company, why should they have to be responsible? They make nothing out of it until you have completed a purchase from them.

Companies don't have any responsibility with gift cards unless the gift card is faulty.
04:48pm 23/08/12 Permalink
copuis
Brisbane, Queensland
3110 posts
currently it would seem that the funds are not even held in good faith

I dont have an issue with an expiry date, (be it something like a year or two for small items)

but I do think it is harsh that they can just void outstanding gift cards with no warning, I would think it would be at least a little fairer if you had a reduced time frame should the company fall on hard times
04:49pm 23/08/12 Permalink
DeadlyDav0
Brisbane, Queensland
2723 posts
Yeah, id rather cash instead. Goddam gift cards. It sucks when they are for a store you dont shop at (i had a rebel sport one expire) but popular stores like bunnings dont last long with me.
04:51pm 23/08/12 Permalink
skythra
Brisbane, Queensland
6018 posts
i hate gift cards. i give money instead.

At the very least noone should ever get a company specific card, instead only those prepaid visa giftcards so they're totally independant and can be used to register for things on the internet.
04:53pm 23/08/12 Permalink
skythra
Brisbane, Queensland
6019 posts
You pay the company $30 they refund $30 onto that card that only works within that company, why should they have to be responsible?
No they make 30 dollars until you use it. If you use it, then they still make profit margin.

Profit margin from giftcards are around 20% higher on top of profit margins because the number of people who let gift cards expire.
04:55pm 23/08/12 Permalink
copuis
Brisbane, Queensland
3111 posts
skythra, I think he was referring to the practice of refunds being given as gift cards (IE you brought a good for $30, which was faulty, and because there are no replacements they give you a gift card of the same value)

in the end gift cards are a tool for cash flow ie, the business gets money to use until you use that gift card
05:03pm 23/08/12 Permalink
skythra
Brisbane, Queensland
6022 posts
Yes they are, but they're also income generators directly too from users doing the opposite of defaulting.

If anything technically a company could afford to sell you a giftcard at a price lower than the face value of the card and still earn money off it from other people reverse-defaulting and profit margins. You actually see that a lot in japan, corner 'gift card' sale stores where you can buy gift tickets etc for stores, all face valued higher than the cost to buy.

That and they don't owe you product when the company does go south.

It's just kind of a shit that they're treated as less than money. Like they're worthless the minute they've sold you the hundred dollar piece of plastic and they aren't well governed by normal financial laws, or consumer protection laws.

Edit: Went on a bit of a tangent there with that japan story.. lemme put that somewhere better..
05:12pm 23/08/12 Permalink
dais
Brisbane, Queensland
10056 posts
The end result would be that you are just another debtor owed money by a company that's in receivership.


It's the principle of the thing.
05:21pm 23/08/12 Permalink
copuis
Brisbane, Queensland
3113 posts
I think it would be a much fairer system if they money was held for some time in some form of trust
(ie the value of the card was guaranteed for 3 months from the date of purchase then normal/current arrangements after that time)
05:42pm 23/08/12 Permalink
Dazhel
Gold Coast, Queensland
5162 posts
It's the principle of the thing.


So if you curse your bad luck and write it off you're simply out the cost of a gift card, but if you take them to court you're out the cost of a gift card + any time spent arguing for and waiting to be awarded 0.03% of zero dollars.
That'd sure show them who's boss.
05:54pm 23/08/12 Permalink
Pinky
Melbourne, Victoria
13632 posts
The msg is pretty clear - stop buying gift cards and chuck cash at ppl instead if that's the way you roll.
06:05pm 23/08/12 Permalink
Whoop
Brisbane, Queensland
20474 posts
Only noobs give gift cards anyway, apart from iTunes prepaid cards or xbox live cards. If you're gonna give someone a $100 gift card, just give them $100, who says they want to shop at whatever shop you're giving them the card for?
06:06pm 23/08/12 Permalink
no you hang up
Brisbane, Queensland
2231 posts
I had an Event Cinema card that expired start of this month. they didnt accept it at the cinemas this month to the point that they scanned it for me and showed me that the screen said 'expired card'.
fucking lame.
Also, sux that Billy Hyde is going under. Got some good friends that have worked at the Valley Store for years and have always gotten sweet deals there regardless of who served me. Maybe all those discounts is why they are going bust.
06:15pm 23/08/12 Permalink
Mordecai
Victoria
1420 posts
Only time I would give a gift card is if it was a prepaid Visa card. Apart from that I wouldn't bother to get anyone one.
06:21pm 23/08/12 Permalink
Dazhel
Gold Coast, Queensland
5163 posts
The prepaid visa cards cost a small amount to buy of course.
The one I received a couple of years back was a $50 gift card but apparently it cost $5 to buy. Not complaining obviously, but I was scratching my head as to why they didn't just chuck a pineapple note into the card and save themselves the charge.
06:56pm 23/08/12 Permalink
TicMan
Melbourne, Victoria
8157 posts
They make nothing out of it until you have completed a purchase from them.


Except the interest that they would get on the money you and everyone else has handed over - think about it at Xmas time, they'd have an extra couple of million sitting in the bank just from gift cards.. presumably from about 7-10 days before Xmas up until the day after.
08:33pm 23/08/12 Permalink
Zen Apathy
Brisbane, Queensland
3610 posts
Many shops use gift cards as refunds.
Credit Card rewards use gift cards too.
You should always get cash as a refund.

They give gift cards to stop you spending your moeny elsewhere.
Billy Hydes huh ?
Didnt they recently buy out some other music store ?
nearly everyone i know buys online now.
shocking mark-ups on music gear in Australia.
Yeah they bought out Alans Music.
09:15pm 23/08/12 Permalink
Dazhel
Gold Coast, Queensland
5168 posts
I wouldn't think forcing someone to take a refund for faulty goods in the form of a gift card is legal, unless the goods were purchased with a gift card? i.e. if you've paid with cash/credit always insist on cash/credit reimbursement
If you chose to accept a refund in the form of a gift card it's probably ok though.
09:26pm 23/08/12 Permalink
IVY_MiKe
Canberra, Australian Capital Territory
1217 posts
my understanding is you buy a gift card, say $100 (and sometimes pay extra for getting that gift card), then the company holds that money in good faith until redeemed or forgotten about and the money is the company's when the card expires

From my experience that is absolutely not the case.

Also, get with the times, I'm not sure if you heard about GAME AU's demise, but Gift Cards and game pre-orders were 'consumed' (not in their entirety in all cases but a good portion of the 'value' credited to gift cards/pre-orders from memory).

Short version, you're shit out of luck.

Gift-cards are a liability (unless specifically given for essentially 'immediate' consumption, ie "I know x wants a power drill, but can't afford the whole unit... here's a bunnings gift-card for $100 toward a power drill". Of course in that example, you're limiting 'x's option to purchase from somewhere other than bunnings, but yeah unless they are GOING TO SPEND that gift card immediately, it's a risk to the consumer.)

I wouldn't think forcing someone to take a refund for faulty goods in the form of a gift card is legal, unless the goods were purchased with a gift card? i.e. if you've paid with cash/credit always insist on cash/credit reimbursement
If you chose to accept a refund in the form of a gift card it's probably ok though.


It varies.
Case 1
If the purchase is within the terms of the stores returns policy and product warranty in AU (in the case of dealing with an AU retailer) you are entitled to a cash refund.
This goes for the gift card itself as a 'product' too. If it was purchased with cash at say, Dick Smith, and the 'gift-card receiver' simply asked for a refund (and complies with T&C's, ie has the receipt in the case of a refund, and also is within the '14 day' return period) then boom, that GC is cash again.
Case 2
Earlier in the year I bought a headset from the DSE 'sale' that turned into a media shitstorm, a few weeks afterwards, the headset died. I took it back to DSE and asked for a 'replacement unit' as it was less than 30 days old (was happy to get it repaired too). As the product was no longer in production replacement wasn't an option. I asked for repair (unit was sent away and I heard back a week later), this too wasn't an option. As this product is now outside 30 days old, and repair/replacement wasn't an option DSE gave me the option to 'exchange' the credit with something in store (not an appealing alternative) or give me a gift card with said credit to use at a later time as they, to-my-knowledge, aren't required to refund me in cash under these terms.
10:34pm 23/08/12 Permalink
kos
Germany
2162 posts
Case 2
Earlier in the year I bought a headset from the DSE 'sale' that turned into a media shitstorm, a few weeks afterwards, the headset died. I took it back to DSE and asked for a 'replacement unit' as it was less than 30 days old (was happy to get it repaired too). As the product was no longer in production replacement wasn't an option. I asked for repair (unit was sent away and I heard back a week later), this too wasn't an option. As this product is now outside 30 days old, and repair/replacement wasn't an option DSE gave me the option to 'exchange' the credit with something in store (not an appealing alternative) or give me a gift card with said credit to use at a later time as they, to-my-knowledge, aren't required to refund me in cash under these terms.

Doesn't matter if it's 30 days or 30 years, if the product becomes faulty in a time that is less than can be reasonably expected for that particular product to perform then you're entitled to a refund by law. (The ACCC can decide on what is a reasonable amount of time for any purchase to perform if there is disagreement between the customer and the business.) Also, a company's own returns policy can never override these laws.

In this case, a set of headphones would definitely be reasonably expected to last longer than 30 days and you should be entitled to a cash refund regardless of DSE's own returns policy.
12:54am 24/08/12 Permalink
Whoop
Brisbane, Queensland
20478 posts
(The ACCC can decide on what is a reasonable amount of time for any purchase to perform if there is disagreement between the customer and the business.)
That's crap if it's true. So what, they say something should last for 30 years, it only lasts 10 so even though you've been abusing this poor item (whatever it is) and using it for other than intended purposes that the store should replace it just because the ACCC thinks it should have lasted longer?
01:00am 24/08/12 Permalink
kos
Germany
2163 posts
That's crap if it's true. So what, they say something should last for 30 years, it only lasts 10 so even though you've been abusing this poor item (whatever it is) and using it for other than intended purposes that the store should replace it just because the ACCC thinks it should have lasted longer?

No, obviously if the product has been abused or used outside of its intended purposes and shows signs of that then the company can definitely say it wasn't used properly and can't be expected to last as long as it should have.

In the case of a product showing signs of abuse the company should just turn the customer away immediately anyway. If the customer goes and complains to the ACCC then the ACCC will contact the company and ask for an explanation, as long as the explanation is reasonable then that will be the end of it (aside from the customer possibly then deciding to take legal action).

The ACCC aren't just a bunch of arseholes, they look at things reasonably from both sides.
01:04am 24/08/12 Permalink
Dazhel
Gold Coast, Queensland
5171 posts
Case 1 in my mind on shaky ground as well:
This goes for the gift card itself as a 'product' too. If it was purchased with cash at say, Dick Smith, and the 'gift-card receiver' simply asked for a refund (and complies with T&C's, ie has the receipt in the case of a refund, and also is within the '14 day' return period) then boom, that GC is cash again.


It's up to the store whether they let you redeem the gift voucher for cash, but it'd rarely be in the store's interest to do so. I reckon you'd have a hard time arguing that the gift card is faulty in order to exercise statutory rights, and those rights don't usually extend to changing your mind on a purchase.
In other words, if you bought a gift card and you or the person you gave it to wanted a refund on it (even holding the receipt) the store would likely be within their rights to say no.
01:08am 24/08/12 Permalink
Pinky
Melbourne, Victoria
13636 posts
To add to the list, don't forget Borders and Angus & Robertson gift cards. They were made worthless in a very short period of time. They did give some small warning and a new expiry though from memory.
01:11am 24/08/12 Permalink
kos
Germany
2164 posts
In other words, if you bought a gift card and you or the person you gave it to wanted a refund on it (even holding the receipt) the store would likely be within their rights to say no.

Yeah this is definitely also true, a company is not obliged to offer a refund for any product without a reason such as it being faulty or falsely advertised/not doing what was promised.

They could well have decided on a returns policy that guarantees refunds within a specific time frame, in which case they would have to, but if their policy doesn't say anything about refunds then they are under no obligations to.


Edit: I'm saying all this as someone who about 5 years ago worked for the highest level of customer service/complaints within a pretty large Australian retail company and dealt directly with the ACCC on many occasions.

Incidentally the best returns policy I've ever encountered was in New York at Macy's where they had a 180 day full cash refund policy! I even bought some pants from there, then travelled around South America for a while and went back and returned the pants (unworn and still with tags and receipt of course) without even a question from them as to why I was refunding! If only all retail companies could be that awesome.
01:14am 24/08/12 Permalink
Captain Lateral
Brisbane, Queensland
4585 posts
gift cards aren't that bad, i don't mind getting a gift card for a store like BCF, Bunnings, Autobarn, places like that. If i got cash it would just go into the savings, and that's not what my family want their "gift" to do.
08:08am 24/08/12 Permalink
mission
Brisbane, Queensland
8598 posts
Some of those prepaid visas have fees attached to them. I had one that was no fees for 6 months and then $2.50 deducted each month thereafter until balance reaches zero.

I sometimes get rewards gift cards from the credit card for coles. I just buy the shopping with it and then the cash I would have used for shopping I use elsewhere and shower myself if luxurious gifts.

BTW where is Teq, did he e-leave?
08:56am 24/08/12 Permalink
Nathan
Brisbane, Queensland
4073 posts
Profit margin from giftcards are around 20% higher on top of profit margins because the number of people who let gift cards expire.
They also encourage customers to spend more than they otherwise may have (so there's no money left on the card).

You purchase a $50 card and give it to me. As mentioned earlier, the store earns interest on the $50 until I use the card.

I might buy $45 worth of stuff and say close enough. They have earned an extra $5

Or I might want to use up every cent, and end up spending $55 (the card plus $5 cash) just to use the whole card. They've earned an extra sale through me buying more than I wanted.
09:10am 24/08/12 Permalink
Hogfather
Cairns, Queensland
12661 posts
Gift cards are a credit note with an expiry period assigned. They're just a promise to provide credit backed by the company in question.

In the case of a company entering administration petty credit note holders are very, very small fish creditors and the only sensible thing to do is write the debt off if possible.

They're not currency backed by a reserve and people really need to stop thinking of them that way, a money order is superior in almost every possible way.
09:20am 24/08/12 Permalink
glynd
Melbourne, Victoria
753 posts
I'm an idiot.
12:06pm 24/08/12 Permalink
thermite
Brisbane, Queensland
10095 posts
glynd that is an incredibly relevant comment to this thread! You might even say that's the topic of this thread...
12:21pm 24/08/12 Permalink
Captain Lateral
Brisbane, Queensland
4589 posts
just wait,

In a blow to customers, gift vouchers will not be honoured,
if you purchase a gift card, but it doesn't do what it was advertised to do, aren't you entitled to a refund anyway?
12:29pm 24/08/12 Permalink
thermite
Brisbane, Queensland
10096 posts
Yes.

But since they went out of business because they have no money you're shit out of luck.
12:32pm 24/08/12 Permalink
glynd
Melbourne, Victoria
754 posts
glynd that is an incredibly relevant comment to this thread! You might even say that's the topic of this thread...


and I'm complete and utter dunce! I just did ctrl-f on the front page and searched for allan's music, not billy hyde.
12:34pm 24/08/12 Permalink
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12:34pm 24/08/12 Permalink
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