How to get a refund for a gift certificate
Miscellaneous / / November 17, 2023
Including - for overdue.
What is a gift certificate from a legal point of view?
The concept of a gift certificate is absent in Russian legislation, and unscrupulous sellers take advantage of this. However, judicial practice indicates that this issue is regulated by the Civil Code of the Russian Federation and the Law “On the Protection of Consumer Rights”.
Thus, the Supreme Court adheres positionsthat the amount indicated in the certificate is an advance payment for the product or service. That is, these are funds that a person contributes towards a future purchase.
If you were given a certificate and you do not want to use it, you can return the money - this right is enshrined in Article 23.1 law "On consumer protection». And no one can force you to purchase a product or service instead.
The main thing is to remember that the phrase “the certificate cannot be exchanged or returned” violates your rights, and you can ignore it.
The fact is that not a single regulatory legal act states that the seller can keep the funds received for the certificate if the buyer makes a demand for their return. And the right to return the money
saved you even if the certificate has expired, because the prepayment does not have an expiration date.Why? Contract of sale obliges the seller to transfer the goods and the buyer to pay for it. In the case of a gift certificate, it turns out that you have paid for everything and have already fulfilled your part of the obligations, but the seller has not.
By keeping your money and not giving you anything, he is breaking the law and unjustly enriching himself at your expense. And until the goods reach the buyer, the purchase and sale agreement cannot be considered concluded. This means that the buyer retains the right to demand a refund of the advance payment.
How to properly request a refund for a gift certificate
This is quite easy to do. Make a request for a refund in free form and contact the store.
Please provide your details, certificate number and denomination. If possible, attach a copy of the purchase receipt - it is better to keep the original with you: it may be useful to you in court. If the certificate was paid for by card, then do not forget to indicate in the request Bank details, for which the seller must make a refund.
The order in which the claim is submitted is not important in this case: you can bring it to the store or send it by mail. If you decide to come with the document in person, the seller must sign it and put the current date. Don't forget to make a second copy of the demand for yourself: you may also need it for the trial. You can also simply take a photo of the document.
If the seller refuses to accept the documents, then send them by registered mail to the legal address of the company.
Satisfied your claim must be within 10 days.
What to do if the certificate seller no longer works in the Russian Federation
If you were given a certificate from a company that no longer operates in Russia and you cannot use it, this does not mean that you will not be able to return the money. The departure of an organization does not relieve it of the obligation to comply with the requirements of the law “On the Protection of Consumer Rights”, because in relations with consumers it does not divide companies into Russian and foreign.
Most likely, you are unlikely to need to contact the company's foreign office. Typically, foreign stores operate in our country through independent Russian offices. Find their contact information online and prepare a written request for a refund for the certificate.
Of course, the possibility that you will have to contact the company’s international office or representative office in the CIS countries is not excluded. But still, don’t rush into this, but try to find a legal entity that acted on behalf of the brand in the Russian Federation. Even if the stores have closed, it most likely remains and has not yet been liquidated.
What to do if the seller refuses to return the money
If 10 days have passed from the date of sending the return claim and your requirement ignored, then feel free to contact court. You can file a claim at your place of residence or stay or at the location of the store. A nice bonus: as a consumer, you released from paying state duty.
But before you begin to act, it is worth assessing the ratio of the effort expended and the potential result.
It so happens that even the simplest courts, especially in large Russian cities, can drag on for years. And the amounts compensation moral damages and representative services are often small. Therefore, if the value of the certificate is insignificant for you, and the waiting hours will be expensive, then it may be better to leave everything as is.
If you have weighed everything and still decided to go to court, then you can calmly build a defense strategy on your own. When justifying your position, refer to article 1102 Civil Code, which obliges the unscrupulous seller to return unjust enrichment. After all, as we said above, a gift certificate is an advance payment for a service or product, which means it illegally withholds your money.
In addition, you can expect to receive an amount exceeding the face value of the certificate:
- Demand a penalty. If the seller unlawfully withholds funds and evades their return, then he must pay interest on the debt amount. Their size is determined key rate Bank of Russia.
- Receive 50% of the amount awarded by the court in your favor. This is the fine you can collect from the seller under the Law “On Protection of Consumer Rights”.
- Get compensation for moral damages. The right to it is established article 15 Law “On Protection of Consumer Rights”.
Don’t be afraid to defend your interests with sellers and demand a refund for the certificate at any time, regardless of its validity period. The law is on your side.
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