Lawyer claimed refund obligation for expired gift cards

If a person does not have time to use a store gift certificate, which today are often given to colleagues or relatives for the holidays, the seller is obliged to return the money for the expired card. This was warned on December 21 by a lawyer, head of the Law Enforcement Center in Moscow and Moscow region Alexander Khaminsky.

The specialist noted that such actions of unscrupulous entrepreneurs are illegal, and they are responsible for them up to criminal responsibility. Accordingly, the buyer has every right to complain to the law enforcement authorities. Since from the point of view of the Civil Code, this act is called unjust enrichment, and under the Criminal Code - fraud.

"Ordinary people, entering into relations with sellers of goods and services, rarely think about legal aspects. Especially when it comes to purchasing gift cards. After all, the card is to be used by the giver, not the giver at all. In the vast majority of cases, such cards and certificates have a validity period not exceeding six months," he said in a conversation with "Gazeta.Ru".

Khaminsky said that the purchase of a gift card in the language of lawyers means "making an advance payment in favor of an organization or individual entrepreneur". In the future, this amount will be counted when purchasing goods and services. At the same time, according to the Civil Code, the general period for making claims is three years.

"This means that within three years, a citizen has the right both to pay for purchases at face value of the card and to return it, getting the money back. Any refusals on the part of the seller will be regarded as illegal withholding of other people's money," he said.

What is considered to be a violation of consumer rights: Memo for buyers

Earlier, on November 26, a survey showed that Russians will prefer surprises to ordered gifts on New Year's Eve. More than a third of Russians (38%) want to receive a gift for the New Year from their partner as a surprise, while 25% would prefer a hint. On November 28, "Gazeta.Ru" added that on New Year's Eve, every fifth Russian most wants to receive a holiday trip as a gift. Only 3% of respondents said that they would be happy with a set of cosmetics, sports equipment or a gift certificate.