It was an open voucher, in that I could just email the studio to book a place in one of its year-round classes and provide the voucher number. Life got busy and I forgot about the voucher.
But when I remembered it a few weeks ago and wanted to use it, the studio told me that it was valid for only a year.
There wasn’t any expiry date on the voucher and my friend can’t find anything saying it had to be used within 12 months.
When I followed up with the studio, they told me that a 12-month policy was standard because they’re a small independent business. Did my friend waste her money?
Ger, Co Kilkenny
A Ger, you should still be able to use the gift voucher after a year. The Consumer Protection (Gift Voucher) Act 2019 protects consumers when buying and using many types of gift vouchers and gift cards.
Your voucher is covered by this legislation in that it is for a single location, is available to use for any scheduled class year-round, and doesn’t entitle you to any discount.
Therefore, your gift voucher should be valid for at least five years. The studio should also have made the expiry date clear – either on the voucher itself or through another “durable medium”, such as an email or a gift voucher receipt.
To resolve your situation, I suggest you submit a formal complaint to the business in writing. Let them know of your rights under gift voucher legislation and be clear that you’d like to use the voucher for an upcoming class.
You can use tips on the CCPC website about how to complain to help you draft your email.
If the studio still refuses to honour the voucher, you can consider using the small claims court. It costs €25 to apply and it’s available for claims of up to €2,000.
Your case is a good reminder that vouchers, no matter how thoughtful, can sometimes be a risky gift. That’s because the 2019 legislation does not cover all types of vouchers and because a business could go into liquidation before you use your voucher.
So if you receive a gift voucher or gift card, use it as soon as possible.
A bin-storage solution caused problems. Photo: Getty
‘A bin-storage unit almost injured my hand’
Q I recently purchased a storage unit for my bins. I bought it because the unit’s lids could be attached to the lids of my bins – so when you opened the unit, the bin lid would also open and stay open while the bins were being filled.
The business that sold me the unit installed it 18 days ago. All was going well for the first week, but the fittings started to loosen, which made it harder for the storage unit lids to stay open.
I contacted the business and asked it to send someone out to check the unit. The business agreed to do so but didn’t give me a date. A few days later, one of the lids slammed shut, just missing my thumb in the process.
I then sent a video of the faulty unit to the business and asked it to remove the unit and give me a full refund. But it would only agree to send someone out to replace the hinges.
I just want my money back. Do I have to let them repair the unit first or can I insist on returning it and have the business cover the cost of doing so?
Helen, Limerick city
A Let’s address your consumer rights first.
Under consumer law, the goods you buy under a sales contract must be fit for purpose, as described, and as durable through normal use as other, similar goods. In addition, the seller is responsible for the goods until you receive them or have them installed, if installation is part of the sales contract.
From your question, it seems that the storage unit is not as described if the lids can slam shut unexpectedly so soon after installation.
I also note that you contacted the business about the issue within 30 days of receiving the unit. If an item is faulty during the first 30 days after you receive it or have it installed – and the fault is not due to damage or misuse – you’re entitled under consumer law to request a full refund without first needing to accept a repair or replacement.
Therefore, you’re not obliged to accept the seller’s offer to replace the hinges.
Email the business again, outlining the dates you previously contacted it and the ongoing issues with the unit, and request a refund. The business is responsible for the costs of returning the item, so it can either collect the unit or you can offer to return it and claim back the costs.
If you can’t reach an agreement with the business, you can consider using the small claims process.
It sounds like the issues with your storage unit make it unsafe to use, but it’s not possible to determine if this is due to the unit itself or how it was installed.
If you’re concerned that your storage unit is unsafe by design, you can report it to the CCPC product safety team.
By law, manufacturers, distributors (sellers) and importers can only place safe products on the market and must protect consumers if they become aware that a product is unsafe.
Gráinne Griffin is director of communications at the Competition and Consumer Protection Commission. Email questions to gabrielle.monaghan@independent.ie