No Expiration Date on Gift Card

[Sarah426]

What is the name of your state? Florida

I received a gift card for a fancy spa in town ($125) two years ago. As I work three jobs, I haven't gotten around to using it until now. I have all the original papers and card that came with it. When I called to make an appointment, I was told the expiration date was a year from purchase (not stated or implied anywhere). (The business said that the card purchaser was verbally told there was a one-year expiration date. The purchaser does not recall that.) Though the business still has the gift card number in their system with the original amount put on the card, they will only give me credit for half. On the back of the card it states, "Unused value remains on the card and cannot be redeemed for cash." Further, it states, "Use of this card constitutes acceptance of these terms and conditions." And, so, as I attempt to use the card, implying acceptance of the terms and conditions which say unused value remains on the care, I would understand I could use the amount that had not been used, the $125.
What do you think?

[JETX]

Originally Posted by Sarah426

What do you think?

I think that reality says you accept whatever they are willing to offer.... or spend the time pursuing your claim in court with little, if any, chance of success.

[You Are Guilty]

One possible "out": Stores are not legally required to give refunds, but if their policy is to no do so, they do need to post a sign stating so. No sign = you get your refund (or at least the full amount as a credit).

Since this is too little to sue over, try filing a complaint with your attorney general's consumer protection department: [url]http://myfloridalegal.com/Contact.nsf/Contact?OpenForm&Section=Economic_Crimes[/url]

If they don't/can't help, take the 50% offered and run.

[JETX]

Originally Posted by You Are Guilty

One possible "out": Stores are not legally required to give refunds, but if their policy is to no do so, they do need to post a sign stating so. No sign = you get your refund (or at least the full amount as a credit).

Sorry, but not exactly correct.

The following is from the Florida 'Division of Consumer Resources':
"If there is no “no refund” notice posted, you may, within seven calendar days of the date of purchase, return any new, unused item (in the original packaging) to the store with the receipt/proof of purchase. For a cash sale you would get cash refund and on a credit sale you would get a credit to the charge account that was used for the purchase.

There are exceptions to this rule, and these are the sale of food, perishable goods, goods which are custom made or altered at the request of the consumer, or goods which cannot be resold by the merchant because of governmental regulation. Although Florida law does not address the issue of deposits in such situations, many stores will not refund money on any custom orders.

Finally, the three-day right of rescission (buyer’s right to cancel), spelled out in Florida Statute 501.025, applies to home solicitation sales ONLY. A home solicitation is a sale in excess of $25 in which the buyer is solicited at a place other than the seller's business establishment, such as a retail shop. With this type of sales approach, the consumer has no prior knowledge of the solicitation. The Florida law was enacted to protect citizens from high-pressure door-to-door sales tactics, ambiguous or misleading contracts and poor quality merchandise."
[url]http://www.800helpfla.com/newsletter/2005/122005.html[/url]

[You Are Guilty]

I stand corrected. (My main point was to explore the AG's office, anyway )