How often on the eve of the holidays we face the question of what to give? Especially if we are not talking about the closest people, whose tastes and needs are well known to us. And here a gift certificate comes to the rescue - quickly, conveniently and there is no need to rack your brains.
Convenient, fast, options are possible
All further is done by the recipient of the gift. And in theory, he should come to the store, select goods for the amount indicated in the certificate and enjoy shopping in a good mood. But in reality, things are not quite like that. The store did not find what the owner of the certificate would like to purchase. No matching sizes or colors. I just forgot about the certificate and it expired. Situations are different, but as a result, the question arises: is the gift really gone? Not.
You can get a refund for a gift certificate. Let's make a reservation right away. "You can return the money" - this does not mean that you saw the amount of 5000 rubles on the certificate and decided that you need the money more, went to the store and took the bills. Not at all. Refunds must be justified. First, let's figure it out, what is a gift certificate?
By purchasing a gift certificate, the donor paid for the purchase in advance in the store. The recipient of the certificate brings a confirmation of payment - a certificate - and receives the goods in exchange for it.
As a rule, each certificate has a validity period, after which it supposedly expires. In addition, on the certificate, the seller indicates the conditions for its use, among which there may be no possibility of return and exchange for money and others. So, everything that the seller wrote on the certificate is just letters, if they do not rely on the laws of the Russian Federation.
Money certificate - by law
The main law that protects the rights of buyers is FZ 2300-1 dated 07.02.1992 "Law on the Protection of Consumer Rights". In it you can find the rules by which you need to act in the case of returning a gift certificate.
By purchasing a gift certificate, a person pays an advance for what the owner of the certificate decides to buy. This is established by the Resolution of the Supreme Court of the Russian Federation dated 13.102015 No. 57-KG15-7, which means that all articles of the Law on the Protection of Consumer Rights are applicable to it. And if the owner, for some reason (objective), cannot purchase anything, then the seller has not fulfilled his obligations and is obliged to return the advance.
If the owner of the certificate “purchased” it only partially, then the seller is obliged to return the change, just like when buying goods for “real money”. At the same time, an attempt to impose additional goods that you do not need as change and the assertion that surrender is not required according to the certificate are excuses. At your request, the seller must return the money as change.
And don't forget: a certificate can only be cashed out if there is a legal basis.
Reasons for refunding the certificate
- If the conditions specified by the seller in the certificate do not correspond to reality (the validity period is changed, the choice of products or services is limited).
- The certificate has expired (note: it does not matter why the certificate was not used on time).
- The products turned out to be of poor quality. You can safely demand money for it (Article 18ZOZPP RF).
- You do not like the purchased item (if it is not included in the list of non-returnable items). (Article 25 of the ZOZPP RF).
- The seller cannot provide you with a service or sell products.
What to do to get the money back for the certificate
Find out from the person who gave you the certificate, the date of its purchase, the method of payment and take a check. Even if there is no check, this is not a reason to refuse you a refund.
Option one. You voice your demand, explain why you want to cash out the certificate, the seller meets you halfway. In this case, you need to write an application for a refund. If the certificate was paid for in cash. They must be returned within 10 days, if by card - the return may take up to 30 days.
Option two. The seller refuses to fulfill your requirements. If you are sure that they are legal, write a claim and pass it on to the seller. Make sure he has recorded the receipt of the document. If in doubt, send a claim by mail, registered mail, always with a notification. It is longer, but more reliable.
If the seller ignores the claim or refuses, contact Rospotrebnadzor or the court.
