Community & Business
23 January, 2022
Know your rights around gift cards
MANY of us in the far north would have received gift cards over the holiday season, with research showing they were one of the most popular gifts for Christmas.
BY KRISTYN KNOX
With so many people giving and receiving gift cards as presents, it’s important to understand your rights as consumers when it comes to these products.
Most gift cards must be valid for at least three years from the date of purchase, with some exceptions – for example, if it’s a gift card to a specific theatre performance or exhibition.
The expiry date needs to be clearly displayed, and retailers can’t charge fees for activating the gift card, or making a balance inquiry.
It’s a good idea to note any identifying codes of the gift card, and where you will keep it. You could use your phone to take a photo of both sides.
If you’ve bought a gift card for someone, it’s worth hanging onto the receipt. If you’ve lost a gift card or it’s stolen, talk to the store as soon as possible about your options.
Some stores maintain a register of their cards and will allow you to cancel or reissue a lost card, although a fee may be required. Most cards will say you can’t redeem it for cash, but some may give you change in cash if the balance is a small amount.
If you have a problem with a gift card, raise it directly with the retailer first to see if you can find a way to resolve the issue.
Be clear about what the problem is and what outcome you’re seeking, and gather any evidence you have. If you’re still unable to find a solution, you can make a formal complaint to Queensland’s Office of Fair Trading.
A breach of the consumer laws around gift cards could potentially lead to fines for the business.
One of the main problems with gift cards is that people forget about them entirely, use part of a card and forget about the remaining balance, or lose them.
And if you get a gift card and the business changes owners or goes into liquidation, receivership or liquidation, they may not honour your card.
That’s why some of the best tips for gift cards are to use them as soon as possible, or put an alert into your calendar that reminds you when the card will expire.
Kristyn Knox is a Cairns-based lawyer who heads Maurice Blackburn’s Tablelands office. This legal information is general in nature and should not be regarded as specific legal advice. If you have a legal question you would like Kristyn to answer you can contact her at kknox@mauriceblackburn.com.au
