Hi @Jaseplay,
I moved your post to this more general topic than just JB since it is a ‘twist’ that will be of general interest to anyone buying a gift card, not just those with JB. It should get broader visibility here.
Did you get any response from the ACCC?
Hi @Jaseplay, welcome to the community.
It isn’t a gift voucher of any real monetary/face value but a marketing tool (coupon or discount/promotion code) to get consumer traffic to their website to look at products and buy items that meet conditions of use.
It is similar to other coupons/promotion codes that one needs to buy a certain value of products to get a discount or receive a gift. Others are only off full price items as the coupon/promotion code has no real value but provides a discount on purchase.
Does the piece of paper say it is worth $50 like say a $50 note. The working in the image tends to indicate that it is like a promotion code… and it’s restrictions are similar to other codes available on promotion code websites, like Groupon. These promotion codes only have a use and 'value" if one was ordinarily buying the product and met the promotion code conditions.
The ACCC has information on promotion code/discount voucher products…
It states 'Before you purchase or use a discount voucher, read the terms and conditions carefully. You may only be able to get the discount or gift if you buy:
It appears that Madman are within their rights to impose the conditions on their promotion code/discount voucher.
Unfortunately you might not like this outcome, but in summary, if you had paid $50 for the voucher (like a $50 gift card) and the restrictions were not outlined on purchase, the conditions could be seen as unfair. Since the Madman discount/promotion code coupon you have was not purchased (it was included in a bag given to you), it is classed as a discount coupon and the conditions would be reasonable as outlined above.
I’m well aware of that and I did state it in the post above! Its still illegal to mislead though, my case is almost similar to Flight Centre last year they fined by the ACCC for not advising travelers/consumers, during a Christmas and Easter promotion on their TV advertising, they were advertising $250 bonus gift vouchers when consumer spends $1500 on flights and accommodations, with a catch they got spend another $5000 and must redeem within three months.
As said above the vouchers can also be purchased on their own at full price and I did read conditions careful before I entered code. To me it was unknown condition and it happened without warning!
Thought a reply back email no! I did send an message though the Facebook messenger application last year I got an couple of responses, They can’t comment specific on my case, they did say in general businesse can’t make statements that are false or likely to make false impression and I’ve also asked if gift vouchers or cards are a consumer products or a Financial product and was told it was Generally its a consumer product! Here a couple of screen shots
Just a clarification, they aren’t a gift card unless you have purchased them. They would fall into being a discount voucher no different to say a shopper docket.
I also see that Madman calls their gift cards gift vouchers, and these can be purchased from their online store. The FAQs on the Madman website/online store state:
Can vouchers be used on sale items?
No. Unfortunately, vouchers cannot be used on sales and pre-order products.
As the ACCC states on their website, Before you purchase or use a discount voucher, read the terms and conditions carefully. The Madman voucher terms are outlined on their website.
The wording that you have posted above (on red background), where is this located?
The wording here does seem to be inconsistent (potentially less narrow) that that on their website.
Does your voucher look exactly like this or something different?
Yes! that’s the exact same one!
I just snap photo just now!
Unfortunately Madman’s only got single range of gift vouchers. I did complain to them writing last year and suggested to them to bring out two kinds of gift vouchers, one being promo and the other being paid, I never got a response from Madman!
Here the back of gift card!
Am I the only one totally frustrated with gift cards with the debacle of gifts cards. I have a Myer branded gift card and all of the details on the card refer me to Myer. The card it seems has not been activated and Myer can’t help me as I have to contact Blackhawk - a third party supplier. I have visited the Blackhawk website and I am supposed to activate it at Omnicards (run by Blackhawk). I have visited Omnicards and I seem to only be able to activate a Visa/Mastercard with a CVV. Myer cannot help me. I have submitted an enquiry to Blackhawk as heaven forbid, we can actually talk to someone. My point is: firstly to Myer - if their name and details are on the card, people think it’s THEIR gift card. If they wish to sell via a third party, it should be clear on the card and the packaging - that it’s not actually a Myer git card - just one that can be spent at Myer. The contact details and all other information shown on the card should belong to the third party that is selling it. I’m sure third party suppliers are doing a roaring trade because so many gift cards can’t be spent. Like restaurant gift cards - I have many of those too. That’s another story.
Welcome @Jan1 to the community.
The issue of gift cards is one of frustration and goes back as long as I have been around Choice.
So, firstly, where did you buy the Myer gift card?, and that leads to why it was not activated at purchase time.
Hello and welcome to the forum. I have moved your post to an existing thread where you can see lots of other issues with gift cards. There is a plentitude of other topics relating to gift cards.
If you look through the topics, you will see that many of issues such as branding, unusable cards, exclusions, inability to use over the internet etc are discussed.
Please keep us informed on how you go with getting it sorted out.
Can I have some advice please?
I’ll copy the contents of the self-explanatory email I sent to the card issuers “Rewards Come True” (as advised by the customer service person at the phone number I called yesterday), and I’ll also copy the reply I received today.
Hello,
I am writing to request your consideration to reactivate or replace an expired gift Visa Card.
I am a full-time carer for my aged, invalid mother. In the process of moving her into my home, in July 2021 we purchased and installed a Panasonic air conditioner, which had a ‘cash back’ promotion at the time.
In the following weeks, the card was received and somehow misplaced during the move.
My mother’s health has substantially declined since then, and her care takes up considerably more time than when she initially moved in with me.
I have spent many moments over the months searching for this gift card, but combined with moving my mother’s belongings, this has become quite difficult.
I was so excited yesterday, then, when I finally found the gift card. This excitement quickly turned to disappointment when I saw the card had already expired in December 2022.
This confused me, as I believed that requirements had changed, allowing gift cards to be valid for much longer. i had not even realised that there was a specific “Activation” date for the card either.
The card is for $75, which is a substantial sum for us. We are both pensioners - my mother receives the Age Pension and I receive Carer’s Pension.
A photo of the card is attached, showing Serial #267027 on the packaging.
Is there any way that you would please consider reactivating or reissuing this gift card?
It would mean so much to us.
Thank you.
Note he doesn’t address the reissuing of the card at all.
I then had a look at the ACL blurb regarding gift cards, as I feel this card does not belong in one of the categories that the 3 year expiry doesn’t apply to.
The air-con was installed in July 2021, and the gift card received a number of weeks after this date. Even using the July date, that is still only 8 months till the end of the activation date, after which time funds are forfeited anyway.
This is the details from the gift card, showing Activation and Expiry dates-both grossly under a 3 year term. By having an activation date so short dated, it completely undermines ANY expiration date, regardless of whether it is 2 or 3 years…
Thanks all.
It is entirely likely the customer service person can’t restore the giftcard as they stated.
My first tip would be post about to the company’s social media, including the story of why you couldn’t spend it. Bad PR sometimes makes magical things happen that normal customer service can’t do.
@Peterchu is most likely right where the air-conditioning company can’t reactivate the Visa card. The air-conditioning company would have purchased it from a Visa card issuing company. They could need to purchase a new one if they gave a new card to you because you failed to use it in time. Repurchasing a card would cost the air-conditioning company money and may mean they lose money on the air-conditioning installation. This would be seen as a unreasonable request to replace the Visa card since the failure to use it was in your control, not the air-conditioning company.
As you have also discovered, the gift card is a promotion offer and would sit outside the ACL gift card requirements.
You have done all you can by asking the company if they have an ability to reactivate/reissue the Visa card. Unfortunately there isn’t anything you can do.
It should be a lesson learnt that one should ensure they fully understand the requirements of any promotional offer and its terms and conditions. A business isn’t responsible for a consumer failing to meet the requirements of a promotional offer.
Think of it like buying a fridge with a promotional offer of it being full of fruit and vegetables. Because one doesn’t eat the fruit and vegetables in time and they go off, it isn’t the fault of the fridge seller and one shouldn’t have an expectation that the fridge seller replace, at their cost, and fruit and vegetables which were spoiled. If there was something wrong with the fridge which caused the spoiling, this is a different matter.
This won’t be successful for the reasons outlined above. The air-conditioning company would most likely have to purchase another Visa card at their additional cost. This is unreasonable expectation since it is the customer who did something (in their full control) to prevent the promotional offer (Visa card) being used.
Placing a post on social media trying to bully a company into getting what one wants, especially when the company has already responded clearly in relation to the promotion terms and conditions and the failure is as a result of the customer’s inaction, isn’t a respectful way to persue the matter and won’t succeed.
If for example, the problem was in the control of the air-conditioning/Visa issuing company - such as the Visa card has a fault within the activation period which prevented its use, then a remedy could be sought and would be reasonably expected.
Can you tell me which of the categories it fits, because I don’t think it fits any of them.
Also, the people I contacted aren’t the air conditioning people. They are the promotions company who’ve issued the card.
It might fit under one of the following exclusions, particularly noting that the company is a promotional and marketing company:
“supplied to a purchaser of goods or services as part of a temporary marketing promotion (e.g. a wine voucher valid for one month that is mailed to a consumer as a free bonus with a purchased item and was not part of the purchase offer)”
or
“donated free of charge for promotional purposes (e.g. a local shopping centre has a one-day marketing promotion where each visitor to the centre on that day is handed a $20 gift card that is valid for use at any store in the centre for that day only)”
As we aren’t legal experts here, we can only offer personal opinion. In this case you may be best served by contacting a free Consumer Law service and getting a legally qualified opinion. We have a small list for each State/Territory of free centres that should be able to give you guidance. Free Legal Advice Centres
I’m thinking of visiting the Office of Fair Trading here. I know WE misplaced it, but the very shortened expiry dates really bother me, especially that it’s issued by Visa, and named to a “Gift Cardholder”.
You are welcome to try, but is unlikely to be successful for the reasons outlined above and the additional information below. You need to consider whether taking it further, with your additional time and stress, is worth it when there isn’t a likelihood of success.
@grahroll has also indicated the exclusions which are likely to apply if a preloaded/prepaid Visa debit card is a gift card. In relation to gift cards, Section 89C Australian Consumer Law is very clear on the exemption:
Australian Consumer Law do not apply in relation to gift cards supplied in any of the following circumstances:
(a) a gift card supplied as part of a temporary marketing promotion to the purchaser of goods or services in connection with the purchase of the goods or services;
As the card was provided as part of the promotion for an air-conditioning installation, the ACL does not apply.
Unfortunately a preloaded/prepaid Visa debit card is also unlikely to be a gift card under the ACL. It is worth reading section 1.24 of (pdf document)
Showing the cardholder name as ‘gift cardholder’ on the Visa debit card you have doesn’t mean or change the type of card which was provided to you. It is a preloaded/prepaid Visa debit card.
As a result, the ACCC gift card requirements are unlikely to apply.
The information provided in my earlier post applies, whether it is the air-conditioning company or their (promotion) agent that sent you the card. Someone would have to pay to issue you with a replacement card that you didn’t use within the period nominated for the cards activation and use. It is an unreasonable expectation that a company should buy you a new card when the failure to activate it and use within the nominated period was in your hands.
Edit: looking further, it seems standard terms and conditions attached to a preloaded/prepaid Visa Debit Cards, that a purchase card to be activated within three months of its use. Such information, as you indicated above, is provided with the issued card.
I would like to raise the issue of gift cards again, and their use as a means of fulfilling ‘cashback’ promotional schemes. Moderators may prefer to make this a new topic. Recently I qualified for a cashback after purchasing a Canon camera. Of course they don’t send you anything like hard cash, instead they provide a pointer to a gift card issued through a third party.
Today I received an email with instructions to retrieve my Visa Digital Gift Card. To do this I had to install an app for the third party card provider, which I did not want to do for several reasons:
the gift card provider (whose name seems to change depending on time and context) has an appalling satisfaction rate with its unfortunate “customers”. See Rewards Come True reviews | ProductReview.com.au , where they have exactly zero positive reviews. They obviously intend to make money (some might say “defraud customers”) through deliberate confusion and complexity.
It appears that this card provider has been hacked at least once and that a number of people have lost all or part of their card value. This suggests poor security by the provider and comes with the additional potential risk of illegitimate access to your personal data and possible identity theft and other scams.
to access my funds, the provider requires personal information for which there is no justification and which exposes me to a risk of above-mentioned data abuse by the provider, or by anyone who hacks the provider. Providing this information to Canon is one thing, but to an unnecessary third party with questionable security is another.
the provider takes advantage of loopholes or exemptions in Australian Consumer Law to circumvent the rules that normally require gift cards to be valid for three years. In fact they install their own limitation in the form of a requirement to ‘activate’ the card within a very limited timeframe, much less than three years. I realise this is not the same as the validity period but the effect is the same and I did not see any notification of this in the process of redeeming my hard-won (actually not yet won) $150.
the provider appears to construct an unnecessarily complex process with designed-in limitations with the aim of maximising the number of people who can’t retrieve the funds to which they are entitled. The process is so complex that some people will never manage to complete it, and many are tricked by false assumptions into losing their money (because they are not aware of, or not reading the fine print in full).
Having an unnecessary app on your phone takes space and again exposes you to heightened risk of fraud.
Obviously Canon are a reputable company and at face value it is surprising that they use such a poor means of providing their promotional cashbacks. Of course the reason is that it is cheaper for them, thanks to the number of unredeemed and partially redeemed gift cards reducing the price they have to pay the gift card business.
There is a real need for more transparency in the operation of these cashback offers and the related gift card service. Whatever legal justifications can be raised, any business that receives the kind of reviews at the above link needs to be investigated. In fact I nominate this particular business as a candidate for the next Shonky Awards.
Businesses like Canon who use this gift card provider to service their cashback payments should be required to state clearly, in a place where ALL participants will see it (not in the fine print, but short and sharp in the main cashback advertising dialogue), that redeeming your cashback electronically will involve a third party business. They should name that business, and point out that this will require handing over considerable personal information and the installation of an app. More importantly they should draw participants’ attention to the fact that the gift card you receive requires activation within x months and spending in y months.
Even better, they should simply avoid this payment mechanism altogether and just give you cashbacks as cash. The present system is no better than giving you a ticket in a lottery or competition, from which, if you win, you will receive the promised money. Or some of it.
Without taking away from behaviours of the company Canon chose to use as claimed by @JMR , sometimes physical gift cards are not the simple things expected or that they may superficially appear.
Some require ‘validation’ prior to use as well as ‘accounts’ to manage them. Without knowing how the physical gift card option works they may be OK and as expected, or be as convoluted as the e-giftcard version.
