I live in Denver, CO and was given a gift certificate for a 30 minute professional massage a little over a year ago from a close friend. I own a small business and receintly got married, blah blah blah - pretty much never had the time. Subsequently I failed to cash in the gift certificate before the one year expiration date passed (last month). I contacted the massage place and they said they donate the money from unused gift certificates after the expiration date has passed.
My question; is that legal? My friend is torqued that she paid good money for this gift and the company is now refusing to honor the certificate. I could understand if no money changed hands, but when money is exhanged for a specific service, there should be no time limit. I contacted the company and explained the situation, they pretty much said I was screwed and they weren't interested in helping me out. Advice is greatly appreciated.
2006-08-14 07:54:44 · 8 answers · asked by TominCO 1 in Politics & Government ➔ Law & Ethics
Where do "escheat" laws fit into this particular scenario?
2006-08-14 08:51:51 · update #1
SoOme state have take action as to these expired cards or certificate. Consult your attorney general or consumer affairs to see if a rule applies.
2006-08-14 09:14:58 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Yep! Perfectly legal. As long as the expiration date was marked on the certificate it's all very legal. The seller is not obligated to do anything in particular with the money; they are free to keep in and do as they wish. It is nice that they give it to charity.
What makes you think that time doesn't factor into this? Time is often an explicit element of a contract and is usually held to be an implicit element where it's not mentioned.
Fact is, retailers love these gift certs and prepaid gift cards. American consumers abandon billions of dollars of these every year. The retailer pretty much gets something for nothing -- or at most for the cost of a cheap piece of paper or plastic.
2006-08-14 08:09:29 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
I think you are out of luck, it is common to have expiration dates on gift certs. You might want to try this:
If it was a 30 minute massage, see if you can get them to do an hour and you just pay for another 30 minutes. Atleast it wouldn't be a total loss. they really didn't do anything wrong, but it was within a month I think they could have been nicer. But if they really already donated the money then they might not go for it.
If you want to pursue it then:
My advice is to speak to a lawyer and the best, most inexpensive way to do this is through Pre-Paid Legal Services. For more information visit the website below, and feel free to contact me through that site if you have further questions on how this service may be able to help you. I encourage you to find out what your rights and options are in this situation.
I wish you the best of luck.
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2006-08-17 13:16:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, look at it this way. Money was paid to provide a service WITHIN A CERTAIN PERIOD OF TIME.
Better business practice would be to honor the gift certificate within a certain reasonable time after the expiration date, but if the expiration date was clearly stated, that would be up to the business and they would be legally within their rights not to honor the gc.
2006-08-14 08:09:44 · answer #4 · answered by vbrink 4 · 0⤊ 0⤋
You are totally SOL. When your friend bought the gift certificate, they entered into an implied contract. Your friend paid $30 for a coupon that was to be used within one year. It was written on the coupon. That is all legal, and it is done all the time. YOU HAVE NO LEGAL ARGUMENT FOR YOUR CASE. Use this as a lesson, because there is nothing else you can do about it now
2006-08-14 08:02:19 · answer #5 · answered by randy l 2 · 0⤊ 0⤋
They are in control of putting a limitation as to time on a gift certificate. Probably, if you were very nice about this, they may reconsider and give you a nice massage.
2006-08-14 08:00:03 · answer #6 · answered by skyeblue 5 · 0⤊ 0⤋
yes, its completely legal.
money was exchanged for a specific service, the right to have a massage. Even if you chose not to exercise that right, they still filled their part of the contract.
2006-08-14 08:02:53 · answer #7 · answered by Kutekymmee 6 · 0⤊ 0⤋
That would be why they have a expiration date. However not a very good business practice... try your local better business office.
2006-08-14 08:02:20 · answer #8 · answered by Tricia P 4 · 0⤊ 0⤋