Gift certificate: and if the money

You prefer to give instead of money or things certificates, which you can pay for goods at a specific store or to pay for their particular service? Convenient, isn't it? Pay to the cashier the required amount of money, and in return receive a beautifully designed card, which is awarded to the right person. In the future the holder of this certificate will trade it for suitable goods.

And what to do if a person decides that the goods and services he unnecessarily? After the exchange the certificate for money, as a rule, is not allowed. How to get the money back for the gift certificate, and what pitfalls may be faced by the owner of a valuable card?





Than regulated sale and rules for the treatment of gift certificates?

Unfortunately, at the moment the legislation contains no specific rules that would regulate legal relations regarding the gift certificate. So a seller that offers certificates, is guided in the selling and cashing of these products with my own rules. But, indirectly based on legal norms, it can be concluded that a gift certificate — a document confirming the obligation of the organization to transmit it to the bearer goods to the amount equivalent to the face value of the certificate.

Otherwise, the purchase of a certificate is the conclusion with the enterprise (shop, a beauty salon, a gym, a restaurant, etc.) of the contract of sale.

• According to article 454 of the civil code, the contract of sale one party (the seller) undertakes to transfer a thing (goods) in property to another party (the buyer), and buyer shall accept the goods and pay him a sum of money (price).
  
  
• The money that you Deposit is pre-payment. Received an advance payment, the company agrees to provide the product, service you (or someone a gift certificate). Even the certificate for the provision of services (yoga, massage course, training courses, etc.) is a commodity with all the ensuing consequences.
  
  
• To arising legal relationships applicable provisions of the RF Law "On protection of consumer rights".
  
  
• Returning the certificate, you agree to terminate the contract of sale. If the store, on their part, commitments are not violated, to return the certificate, it is difficult — often it can be done only with the consent of the management of the store.
  
  

Important! To get the money back, you'll need a receipt or other evidence that the certificate was made cash. If the certificate was issued for free, as part of a promotion of the seller, and constitutes essentially a discount coupon, the claim for money is incorrect.

Clear violations

• The inability to obtain the surrender
  
  

If the price of the purchased goods is less than the certificate's value, usually the price difference is not refundable. Let's say your certificate for 5000 rubles. You bought it products for 4900 RUB And the seller asks you to take anything else with Supplement that the remaining hundred is not "burned". You have the right, not buying other goods to change. If your certificate the seller took, and then the change was not given, in this case, the seller can make a claim on unjust enrichment.

• The limited validity of the certificate
  
  

If you came to get the certificate a product or service, and you declare that the certificate's validity period has expired, you should demand a refund on the basis of part 1 of article 1102 of the civil code.

Important! Section 1 of article 1102 of the Civil code of the Russian Federation the person who without established by the law, other legal acts or transaction has acquired or saved property (acquirer) at the expense of another person (the victim), shall return to the latter unjustly acquired or saved property (unjustified enrichment).

• Unfounded penalty
  
  

Often the sellers to protect themselves, attaching to gift certificates a reminder that by purchasing a certificate, the consumer concludes a preliminary Treaty. Under the terms of this agreement, the seller supposedly has the right to retain a portion unused by the consumer amount (the penalty for violating consumer contract terms of acceptance of the goods for the certain sum in a certain period of time).

In this case there are different conditions of the public offer for buyers who pay cash and those who pay for the purchase of certificates. And this is a violation of the rights of consumers.

Important! The seller may, upon return you have to subtract the cost of actually incurred expenses (for example, if the certificate has lost its original appearance). However, according to article 252 of the Russian Tax code, all expenses must be justified and documented. If there is no documentary evidence to make a deduction the seller is not entitled.

• The absence of the check when issuing the certificate
  
  

If you buy the certificate and pay to the cashier the money, the seller must give you the receipt or other document confirming the fact of purchase. Also a check must be issued when you receive the certificate of goods or services.

• The inability to obtain the certificate a product or service
  
  

If you purchase a certificate of Federal trademark, they typically are not valid in all stores in Russia. However, there are exceptions. When buying be interested in in which points are valid certificates. If the seller says that in his branch certificate are not, verify the information by contacting the head office of the company that issued the certificate.

In the case when the seller received the amount of the advance payment, fails to comply with the obligation to transfer the goods within the prescribed period, the buyer, in accordance with part 3 of article 587 of the civil code, the right to demand transfer of the paid goods or return of the amount of advance payment for goods not transferred by the seller.

To get the money back...

• One option is to buy a product, to be exchanged or returned. Return it to the seller within the required timeframe. The return occurs according to the same rules that apply to goods bought for cash. In case of return items you must return the money for it, and not to pay off the certificates.
  
  
• This rule applies to goods of good quality, which can not be exchanged or returned if the buyer identified a marriage.
  
  
• If the gift certificate was for work or services, under article 32 of the Law on protection of consumer rights, the consumer is entitled to refuse performance of the contract on performance of works (rendering of services) at any time subject to payment to the executor the actually incurred expenses associated with the performance of its obligations under this agreement.
  
  
• You can wait for the expiry of the certificate and to require the seller to return the money, citing the fact that in fact it is unjust enrichment.
  
  

If an amicable agreement fails, email the seller a claim.





Email the seller claim

In case of failure of the seller to reimburse you the money:

• Gather evidence (receipt or statement from the Bank card with which payment was made for a certificate) or you will need eyewitness accounts.
  
  
• Write a complaint to the seller demanding the return of money. Describe the circumstances in which you failed to use the certificate, the reasons for his return to the store.
  
  
• On the basis of part 1 of article 1102 of the Civil code of the Russian Federation asking to return the money paid for the gift certificate.
  
  
• Attach to the claim copies of a check, gift certificates, specify the Bank details for depositing funds.
  
  
• Specify that the return on the purchase certificate amount, you waiting for 10 days, in accordance with article 23.1 of the Law on protection of consumer rights (requirements to consumers about the refund for the product amount and full reimbursement of losses subject to satisfaction by seller within ten days from the date of the relevant requirements).
  
  

 



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Contact the court

If the money for the certificate do not return the claim, sue in court with the requirement to protect your consumer rights. You can also require

• compensation of moral harm
  
  
• reimbursement of legal expenses (on making a claim, the services of a lawyer, postal services)
  
  
• penalty
  
  
• the penalty for failing to meet customer requirements in a voluntary order, in accordance with part 6 of article 13 of the RF law "On protection of consumer rights". published
  
  

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Source: roscontrol.com/ozpp/article/podarochniy-sertifikat-a-mogno-li-dengami/#