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  1. #1
    Join Date
    Jul 2013
    Posts
    5

    Default What Restrictions Can a Store Place on Gift Cards

    My question involves a consumer law issue in the State of: California

    My question involves a consumer law issue in the State of: California.
    I recently purchased my niece a gift card to a store.( I will not say store name until they have had chance to respond as I did file complaint)
    Before I purchased this card I made sure to read the back of the card and take note of the terms and conditions. The card reads as follows. Use of this card constitutes acceptance of the terms and conditions set forth on the card.. This card represents prepayment for goods available at (store name and Store name)
    This card can not be redeemed for cash except where prohibited by law..
    It then goes on to say if lost stolen or used without permission value will not be replaced then in Capital letters it says treat this card like cash.


    OK so I was satisfied with this and purchased the card. I was original going to buy her a gift card to game stop when I decided I wold get this card and she could choose which gift card she wanted to purchase or she could use it in this store, She likes the store bakery.
    Last night my niece went to the store she was trying to purchase a few sweets and a xbox live points card. She wanted to purchase this so she could download a game.
    She was not only told no can not purchase gift card with gift card but the cashier was very rude.

    Here is my problem, The same day I purchased the card I gave her I also purchased a 50 visa for my boss, They let me no problem,
    xbox live points is not a gift card and no where on it does it say gift or even have any fancy images to make it seem as if it is a gift card.
    My other problem is, On the gift card that belongs to them it says treat like cash will not be replaced if lost or stolen,

    So treat the card like cash and you will not replace it even with receipt if I loose it but do not treat it like cash unless spending it with Store name...

    Am I right to think beens it says terms are set forth on card and no where does it say you cant buy a gift card, Can they all the sudden change a rule even though it does not state manger or anyone has the right to change terms. My niece was in tears, What can I do? Or do I even have a leg to stand on ?

  2. #2
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Gift Card Law

    Quote Quoting msladya
    View Post
    My question involves a consumer law issue in the State of: California

    My question involves a consumer law issue in the State of: California.
    I recently purchased my niece a gift card to a store.( I will not say store name until they have had chance to respond as I did file complaint)
    Before I purchased this card I made sure to read the back of the card and take note of the terms and conditions. The card reads as follows. Use of this card constitutes acceptance of the terms and conditions set forth on the card.. This card represents prepayment for goods available at (store name and Store name)
    This card can not be redeemed for cash except where prohibited by law..
    It then goes on to say if lost stolen or used without permission value will not be replaced then in Capital letters it says treat this card like cash.


    OK so I was satisfied with this and purchased the card. I was original going to buy her a gift card to game stop when I decided I wold get this card and she could choose which gift card she wanted to purchase or she could use it in this store, She likes the store bakery.
    Last night my niece went to the store she was trying to purchase a few sweets and a xbox live points card. She wanted to purchase this so she could download a game.
    She was not only told no can not purchase gift card with gift card but the cashier was very rude.

    Here is my problem, The same day I purchased the card I gave her I also purchased a 50 visa for my boss, They let me no problem,
    xbox live points is not a gift card and no where on it does it say gift or even have any fancy images to make it seem as if it is a gift card.
    My other problem is, On the gift card that belongs to them it says treat like cash will not be replaced if lost or stolen,

    So treat the card like cash and you will not replace it even with receipt if I loose it but do not treat it like cash unless spending it with Store name...

    Am I right to think beens it says terms are set forth on card and no where does it say you cant buy a gift card, Can they all the sudden change a rule even though it does not state manger or anyone has the right to change terms. My niece was in tears, What can I do? Or do I even have a leg to stand on ?
    You can use a gift card, store gift card or otherwise to purchase anything for sale in the store. You can even use the gift card to purchase another gift card (ie split a $50 gift card into 2 $25 cards). People launder money this way and the cashier was operating under an old school mentality.

    I bet corporate will rectify the situation.

  3. #3
    Join Date
    Jul 2013
    Posts
    5

    Default Re: Gift Card Law

    I thought corporate would also, Based off what I was told after calling the store , It is corporate who recently sent a memo out stating you can not by gift cards with their gift card. But I will say again, Xbox points is not a gift card. If you buy a visa or mastercard gift card they charge you a fee of 5.95 to buy that gift card, So I then asked the person whom I spoke with based on the terms and conditions on the cards it says can be used to buy goods in store. He then said to me it can you can purchase anything from food to alcohol. I did not know rather to life or scream. I know to most this will seem very petty, But my niece was in tears and that was soley because of how rude the cashier was, Which is nothing to do with the card situation, I asked if I brought my receipt and the card back would they refund my money and was told absolutely not. So I plan on contacting corporate simply because thats a hundred bucks and it don't seem fair. Thanks for your reponse,

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Gift Card Law

    CA law regarding gift cards (certificates) is very limited. It defers to the sellers to set the specifics of what items may or may not be purchased with them. Laws are designed more to protect the holder from loss of value, rather than defining the usage.

    http://www.dca.ca.gov/publications/l...des/s-11.shtml
    http://www.leginfo.ca.gov/cgi-bin/di...1749.45-1749.6

  5. #5
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Gift Card Law

    Quote Quoting msladya
    View Post
    I thought corporate would also, Based off what I was told after calling the store , It is corporate who recently sent a memo out stating you can not by gift cards with their gift card. But I will say again, Xbox points is not a gift card. If you buy a visa or mastercard gift card they charge you a fee of 5.95 to buy that gift card, So I then asked the person whom I spoke with based on the terms and conditions on the cards it says can be used to buy goods in store. He then said to me it can you can purchase anything from food to alcohol. I did not know rather to life or scream. I know to most this will seem very petty, But my niece was in tears and that was soley because of how rude the cashier was, Which is nothing to do with the card situation, I asked if I brought my receipt and the card back would they refund my money and was told absolutely not. So I plan on contacting corporate simply because thats a hundred bucks and it don't seem fair. Thanks for your reponse,
    Did you speak to a manager? Maybe try a different location? Xbox live points if like a iTunes card, shouldn't be a problem.

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