Consumer Protection Act 2007

F77[Definitions and application

66A

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.]

Annotations

Amendments:

F77

Inserted (2.12.2019) by Consumer Protection (Gift Vouchers) Act 2019 (38/2019), s. 2, S.I. No. 595 of 2019.