In the absence of legislative provisions in Ireland governing the use and life validity of gift vouchers, tokens and cards, the advice from the Administrators of HMV that they will not accept or honour their contracts with consumers holding such valid vouchers, tokens or cards is a matter for referral only to the Director of Corporate Enforcement.

We have asked that Office for their advice in the context of the refusal and also the fact that the company were aware of their potential inability to meet their financial commitments in Mid-December 2012 at which point they could have ceased the sale of all vouchers, tokens and cards to customers.

In the interim we can only advise consumers who purchased vouchers, tokens or cards using Credit Cards to contact their provider and request a reversal of the transaction and a credit back into their account under the provisions of Section 14 of the Sale of Goods & Supply of Services Act, 1980. This provision places an equal responsibility upon the credit card provider to resolve the consumers’ inability to resolve their dispute with the retailer and complete their contract.

We advise that consumers do not dispose of their vouchers, tokens or cards pending further advice from the ODCE and the Administrator of HMV.

Dermott Jewell,
The Consumers’ Association of Ireland.