Consumer Protection (Gift Vouchers) Act 2019

Publication Date:January 01, 2019
 
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Consumer Protection (Gift Vouchers) Act 2019

2019 38

An Act to amend the Consumer Protection Act 2007; and to provide for related matters.

[19 November 2019]

Be it enacted by the Oireachtas as follows:

S-1 Definition

1 Definition

1. In this Act, “Act of 2007” means the Consumer Protection Act 2007.

S-2 Gift voucher contracts

2 Gift voucher contracts

2. The Act of 2007 is amended by the insertion of the following Part after Part 4:

“Part 4A

Gift Voucher Contracts

Definitions and application

66A. (1) In this Part—

‘durable medium’ means any medium on which information is provided and stored, including paper and email, that—

(a) renders the information accessible for future reference for a period of time adequate for the purposes of the information, and

(b) allows the unchanged reproduction of the information;

‘expiry date’ means the date after which, by virtue of the passage of time, a gift voucher ceases to be redeemable for the purchase of goods or services;

‘gift voucher’ means, subject to subsection (2), any voucher, coupon or other document or instrument, including in electronic form, that is intended to be used as a substitute for money in the payment, in whole or in part, for goods or services or otherwise exchanged for goods or services;

‘gift voucher contract’ means a contract between a relevant trader and another person whereby the relevant trader supplies the person with a gift voucher;

‘relevant trader’ means a trader who supplies a gift voucher to a person in accordance with a gift voucher contract.

(2) In this Part, ‘gift voucher’ does not include a voucher, coupon or other document or instrument, including in electronic form—

(a) that is redeemable only for the purposes of the purchase, at a discounted price, of specified goods or specified services, from a specified trader or traders—

(i) on a specified date, or

(ii) for a specified period of a limited duration not exceeding 3 months,

(b) that is supplied under a customer loyalty scheme,

(c) that is supplied in connection with a promotional scheme that is connected to the purchase of specified goods or specified services,

(d) that is supplied by way of a refund for goods returned to a trader,

(e) that is redeemable only in exchange for goods or services relating to telephone services, internet services, fuel, electricity, heating or any other utility,

(f) that is a cheque, bank draft or postal money order,

(g) that constitutes electronic money, within the meaning of the European Communities (Electronic Money) Regulations 2011 (S.I. No. 183 of 2011), or

(h) that is not supplied, marketed, provided or otherwise made available to be given as a gift.

(3) This Part applies to a gift voucher contract that is entered into on or after the date on which this subsection comes into operation.

(4) Any reference in this Part to a term of a gift voucher contract includes a reference to a term which, although not contained in the contract, is incorporated in the contract by another term of the contract or by any other means.

Terms of gift voucher contracts

66B. (1) (a) Subject to subsection (5), a gift voucher contract shall contain a term that the gift voucher is—

(i) subject to an expiry date that is at least 5 years from the date on which the contract was entered into, or

(ii) not subject to an expiry date.

(b) Where a gift voucher contract does not include a term satisfying paragraph (a), the contract shall be deemed to include a term that the gift voucher is subject to an expiry date that is 5 years from the date on which the contract was entered into.

(c) Where a gift voucher contract is deemed to contain a term in accordance with paragraph (b), and that term conflicts with an express term in the contract, the term under paragraph (b) shall override the express term.

(d) A relevant trader who enters into a gift voucher contract that is contrary to paragraph (a) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5.

(2) (a) A relevant trader who enters into a gift voucher contract shall specify, whether on the gift voucher itself or otherwise on a durable medium supplied with the gift voucher—

(i) the expiry date of the gift voucher,

(ii) the date on which the gift voucher contract was entered into and the period during which the gift voucher to which it relates is redeemable, or

(iii) that the gift voucher is not subject to an expiry date.

(b) A relevant trader who fails to comply with paragraph (a) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5.

(3) (a) A gift voucher contract shall not contain a term requiring the full value of a gift voucher to be redeemed in a single transaction.

(b) A relevant trader who enters into a gift voucher contract that is contrary to paragraph (a) commits an offence and is liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided in Chapter 4 of Part 5.

(4) (a) Where—

(i) a person redeems part of the value of a gift voucher in a transaction, such that the remaining balance of the gift voucher is €1 or more, and

(ii) the gift voucher contract contains a term preventing the remaining balance of the gift voucher from being...

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