Australian Youth Forum Blackhawk Network Cardlimbo Carol DavisKhatri Carol Stanley Choice Consumer Action Law Centre Craig Macbride David Hall Debbie Croxford Derek Hackett Diana Wang Doug Disher Elaine Marley Faruk Oturkmen Float and Therapies Glenn Wilson Graeme Wass Heritage Bank Indue Ltd James Wilson Jean Healey Jennifer Mullen Jim Bills Joel Krose John Mason Judith Powell Kathy Patterson Kim Thierfeldt Laura Lindley Law Council Of Australia Leila Agha Linda Linda Addison Lyn Kearney Marianne Van Weereld Mastercard Myer National Retail Association Ltd Nicky Jones Performance Health Clinics Peter Kaus Phillip Lane Phillip Lincoln Queensland Consumers Association Queensland Law Society Rae Elliot Ray Murphy Reid Industry Group Rosaleen Anderson Rosemary Huggins Roxanne Holland Sandy Vigar Shane Allen Shopping Centre Council of Australia Sue Gray Susan Griffin Sylvia Yappas Tracey Marr Universal Gift Card Pty Ltd Visa Westfield Wright Express Australia Pty Ltd
4: Factor affecting choice Cash Gift card Actual product Difficulty of purchase N/A can be easily purchased at the issuer’s store or at supermarkets or service stations the product may only be available at some retailers and may require some search Product characteristics simple product that is well understood by the community complex product that requires some consideration as to the terms and conditions that apply can be highly complex in terms of product features that need to be considered to ensure it is an appropriate gift choice Effort required to choose between alternatives N/A some effort required to select gift card from appropriate issuer high effort required to ensure that the gift choice is appropriate to the receiver’s needs Benefit to the receiver of high benefit as the receiver can choose a gift of their choice likely to be of high benefit as the receiver can choose a gift of their choice, but terms and conditions apply the benefit to the receiver is dependent on the gift choice being appropriate to their needs Benefit to the giver requires minimal effort, but may not be appropriate to all gift giving situations requires some effort, and may be appropriate to some gift giving situations may require a lot of effort, however, a wellchosen gift is likely to be well received
Issue Number Percentage of total complaints Percentage of total complaints that do not relate to insolvency Insolvency 529 90 per cent Dissatisfaction with terms and conditions 29 5 per cent 50 per cent Poor disclosure of terms and conditions 21 4 per cent 6 per cent Trader did not otherwise act appropriately 8 1 per cent 14 per cent Total 587 7: Complaint Type* Details Gift card administration faulty gift card unable to be used on multiple attempts Gift card administration gift card received for use at a retailer that has since become insolvent Gift card terms and conditions a cinema voucher did not have an expiry date on it and the customer was told it had expired Gift card terms and conditions purchased cinema pass online with a $6 booking fee not disclosed Gift card administration accommodation gift voucher was purchased with the hotel refusing to supply the service Gift card terms and conditions terms and conditions of gift card not adequately disclosed upon purchase Gift card terms and conditions gift card which was given instead of a refund, had expired Gift card terms and conditions sales staff misrepresented the terms and conditions of a gift card
Gift card terms and conditions conditions of use not clear or apparent on website used to purchase a gift card Gift card administration gift card not accepted as it was considered to be nongenuine by the retailer Gift card administration a $75 item was purchased with a $100 gift card with the retailer refusing to give change or reissue the card with the remaining credit * This is not a representative sample as some complaint types are more common than others. Examples provided by State and Territory regulators, ASIC and the ACCC. Appendix 8: Examples of gift card terms and conditions Gift Card Terms and Conditions* A B C Gift card type Chain store retailer Chain store retailer Shopping centre Expiry date The gift card is valid to make purchases for two years after it is issued. Expiry dates do not apply. The gift card is valid to make purchases for one year after it is issued. Restrictions on low value use The minimum that can be loaded onto a card is $5, however, there are no restrictions on low value purchases. Restrictions on low value use do not apply. There are no restrictions on low value purchases, however, individual retailers may apply different conditions on use. Fees and charges N/A N/A $1.95 payable upon purchase. Limitations on use with respect to retailers that accept the gift card Some specific exclusions including use at specific stores within a chain. No specific exclusions within the chain. Not all retailers within the shopping centre accept the gift card. Receiving change #Remaining value is stored for future use. Up to $9.95 can be given in change. Remaining value is stored for future use. Lost, damaged or stolen gift cards Lost, damaged or stolen gift cards are not replaced. Lost, damaged or stolen gift cards are not replaced. Lost or stolen gift cards are replaced upon evidence of proof of purchase and card number. *These examples are based on observed terms and conditions applied to gift cards in the Australian market.