I got a coupon in my e-mail box for Home Depot that said that if I make a p urchase of $250.00 or more by the end of this month I get $25.00 off. This has been a fairly slow month so I wasn?t able to make a single purchase o f $250.00 but I noticed that it didn?t say anything on the coupon about p urchasing gift cards. If fact I read it three times. So I go to Home Depot and tell the cashier that I want to purchase a $250.0
0 gift card. The cashier calls the manager, the manager calls the district supervisor an d tell me no. Even though there is no stipulation on their coupon for purch asing gift cards that they will not honor my coupon for it.
I guess they didn't consider a gift card a purchase. You were well-aware that the fine print should have there--you looked for it 3 times. You wouldn't want to take advantage of Home Depot shareholders over a technicality, would you? It sounds like if you would have spent $250 (not just let them hold it), that they would have given you $25 off while you were standing there. What would keep you from using a discounted gift card in their store on yet another promotion in the future? Fair is fair, no? TANSTAAFL
I don't see why it shouldn't apply to a gift card. It seems to me that they're giving you 10% off whether you buy a gift card with that $250 or merchandise with that $250.
But, be real careful about gift cards, cuz:
If you buy something with cash, and the store goes bankrupt 6 months later, you still have the merchandise. If you buy a gift card with that money, and 6 months later you still have that gift card, you just lost your money.
There was a lot of controversy over some gift cards when they first came out. Some gift cards have a time limit on them. If you don't use the card within that time, it becomes worthless. Also, if you buy a 0 gift card, be sure to check that it's worth 0 and not "up to 0". Here in Canada there was a store selling gift cards worth "up to 0 for 0. So, if you bought something worth less than 0 with the gift card, then you lost any balance remaining on the card. You had to use the gift card toward the purchase of something priced at 0 or more to get the full value from the card.
It does not apply because you can take that $250 card you paid $225 for and later buy a sale item that has also been marked down. Double dipping. Perhaps it should have been excluded in the fine print, but it makes sense to me.
Maybe. Gift card funds here must go into a separate account but I'm not sure if it is protected against bankruptcy.
That may vary by state, but here it CT, it cannot lose value over time, it cannot be subjected to service charges that diminish the value.
The only exception is if the stove actually GIVES you a gift card for free, it may have a time limit since it works just like a coupon.
Here in Canada there was a store selling gift cards worth "up to
But the current promotion doesn't appear to exclude purchasing something that is already marked down:
"I got a coupon in my e-mail box for Home Depot that said that if I make a purchase of $250.00 or more by the end of this month I get $25.00 off."
It doesn't makes sense to me.
Ordinarily, stores love it when you give them money for a piece of plastic (gift card). Because that's cash for them right now, and studies show that a certain percentage of these cards are never redeemed.
The other day I found a card in the parking lot of Lowes. Took it in and they said they would credit me what was left on it. They put it in the computer and found there was 3 cents left. I told the cashier she could keep it ;)
I was there to buy a spark plug for my lawn mower. My mower was not listed in their catalog so clerk convinced me to buy the plug that 90% or the listed Honda's used. Plug was less than $3 and he said if it did not fit, I could return it to which I told him it would cost me over $3 in gas to do that.
I've got similar moment, at present. I bought a couple of squeeze flash lights, solar charged. Goes on the key ring. Paid about 2.50 each, and bought several. A couple went dead. I cracked them open, did some tests with a VOM. The solar cell is bad. Costs more to ship it back for refund than the light is worth. And it's out of the courtesy 90 days or so.
Are you sure it didn't say, "further terms apply" or something short and easy to overlook.
If not, the question might be, is an unsolicited coupon the basis for a unilateral contract?
Most contracts are a promise for a promise. A unilateral contract is a promise for an act. It is often based on something like "Reward for information leading to the arrest and conviction of nnnnnn". That's the offer. The act and the acceptance of the offer is the bringing of information that meets the terms of the offer.
Perhaps the coupon offered 25% off, but I can imagine that maybe it was written not to (I can't imagine how, but I'm not very clever.)
Perhaps it was written so that presenting it at the store was an acceptance of the offer, but I can imagine that maybe it was written so it didn't (I can't imagine how, but I'm not very clever.)
If either of these things didn't' happen, there is no contract until they actually accept your terms, and they can change their terms up until the last second. So they can add the requirement that you purchase something other than a gift card.
So I think we need to see the exact wording of the coupon.
a purchase of $250.00 or more by the end of this month I get $25.00 off. Th is has been a fairly slow month so I wasn t able to make a single purchase of $250.00 but I noticed that it didn t say anything on the coupon about pu rchasing gift cards. If fact I read it three times.
0.00 gift card.
and tell me no. Even though there is no stipulation on their coupon for pu rchasing gift cards that they will not honor my coupon for it.
Offer Valid through 8/29/2013 in-store Cashier: If barcode does not scan, enter 26 digit promotion number.
Scan coupon barcode. 2. Tear coupon in half and discard. Offer valid for single use by original recipient only.
$25 OFF your next purchase of $250 or more
This is a single use, in-store only coupon for
Offer valid 8/8/2013 -- 8/29/2013 and redeemable for $25 off a single recei pt purchase of $250 or more at U.S. The Home Depot(R) stores. Offer does no t apply to installation products or services or to John Deere, Cub Cadet,(R ) Little Giant Ladder Systems,(R) Dacor,(R) Viking,(R) Fisher & Paykel,(R) Sharp Insight,(tm) Delonghi,(R) Buckhaven, Weber, Lynx, Alfresco, OCI, Marv el, Bertazzoni, Aga, and Vent-A-Hood products and trade styles and cannot b e combined with any other offer. Cash value 1/20th of 1cent. Void if sold o r copied and where prohibited. (c)2013, Homer TLC Inc. All rights reserved.
Well this was certainly their chance to exclude gift cards.
Someone else mentioned this, but buying something on sale would have to happen in the future. With one byte's or maybe even one bit's worth space for each card, they can keep track of whether the gift card was full price or not. And they can deny sale prices to those using gift cards that were 10% off. Although they should mention that in this statement here. "Sale prices not available with gift card".
So did it fail to meet these questions: Perhaps the coupon didn't really offer 25% off, Reading it, it sure seems to.
Perhaps it was wasn't really written so that presenting it at the store was an acceptance of the offer, Seems like it does.
And two that others raised.
Perhaps they don't sell $250 gift cards.... but it seems to me ten $25 cards should be just as good. Anyhow, I don't think that's what they told you.
Perhaps buying a gift card is not a purchase. Even though it has the word "buy" right in it. Maybe they claim it's a "service" but I think they'd have a hard time showing that. If they wanted to exclude gift cards, they should have said so.
I think I might go back there with a friend and a video camera (or a still digital camera set to video.) and record your offering the coupon and trying to buy the cards Take a picture of the cover of a daily newspaper too (although that only proves your date in one direction) Maybe AFTER you try to get the $250 card, buy something for a dollar at HD and take a video of being handed the receipt and zooming in on the date. (so they don't claim you were late presenting it, although if you have a video of all that and he doesn't say you are late, it will be
Maybe it's not worth suing for $25, but it is worth threatening to sue. (For that matter, if you don't have a camera with video that works, you could pretend you do. If the photographer keeps moving just a little., they won't be able to tell. But I think every digital camera has video.
Say you['ll ask for punitive damages, for fraud. "A substantilal misrepresentation of facts that are intended to and do cause you to rely to your detriment." I think I got everything but check it out.. The detriment was that you printed the coupon and drove all the way over there. That may be small in real damages but it's the basis for punitive, to teach them not to do it again.
OTOH, you could look at it that it was just a mistake by them, and you were going that way anyhow, and if you had made a mistake like that, you wouldn't want someone insisting you do what you didn't intend to do. And you could wait to see if they change the wording next time.
Make them explain why it's not a completed unilateral contract. They made an offer, you responded with the proper act.
One time Disney was advertising a tape of one of their children's movies and they said in the commercial to buy it now because it would never be sold again. Of course that is a lie. I wrote them and pointed out that they would be known as the company that lied to children. That the parents now knew they were lying, but the real problem would be when the children, some of whom had begged their parents for the tape because it was never going to be sold again, grew up and realized they'd been lied to.
Within about 3 weeks of my writing, the commercial was no longer broadcast and about a week later it came back on saying "Won't be sold again for a very long time."
I don't know how many people wrote. I'd like to think it was just me. I didn't do this for Disney, but to avoid another big increase in cynicism.
It amazes me that some liar at the advertising agency thought of this and some stupid liar at Disney approved it. I hope they got reprimanded.
a purchase of $250.00 or more by the end of this month I get $25.00 off. Th is has been a fairly slow month so I wasn?t able to make a single purchas e of $250.00 but I noticed that it didn?t say anything on the coupon abou t purchasing gift cards. If fact I read it three times.
0.00 gift card.
and tell me no. Even though there is no stipulation on their coupon for pu rchasing gift cards that they will not honor my coupon for it.
I agree any and all wording is key, but the OP not only says gift cards are not excluded, he also says that a couple levels of HD mgt got involved and if the coupon did say it, you would think they would have told him that they are excluded per this clause, etc. where they are exclude, Also, key is all consumer protection laws that exist. Most states have them concerning stores making promotions and then not honoring them, not having the product available, etc.
It's possible HD made a mistake on this one. You would think they would just cut and paste, since they've done this 1000 times. And every coupon I've seen has prohibited their use on gift cards.
I don't think I will take advice from a guy who can't avoid getting arrested.
Like in Egypt with the Islamic Brotherhood,, you and those who agree with you would surely be worse than those we have now, who treat me a lot better than they treat you. (I wonder why.)
eceipt purchase of $250 or more at U.S. The Home Depot(R) stores. Offer doe s not apply to installation products or services or to John Deere, Cub Cade t,(R) Little Giant Ladder Systems,(R) Dacor,(R) Viking,(R) Fisher & Paykel, (R) Sharp Insight,(tm) Delonghi,(R) Buckhaven, Weber, Lynx, Alfresco, OCI, Marvel, Bertazzoni, Aga, and Vent-A-Hood products and trade styles
One overlooked aspect is that if you could use it to buy a gift card, then you could in turn use that gift card to buy one of the restricted products on the list. I guess if I was HD, that would be the argument I'd make, but it isn't a really good one. Looks like they made a mistake by not including gift cards.
I agree that they might have a tough time with that argument considering that they have issued coupons in the past that specifically excluded gift card purchases.
"Your honor, past issuances of Home Depot coupons restricted the purchase of gift cards with said coupon, therefore they have the ability to include that restriction when they want. Since they did not include that restriction when they printed the coupon in question, they should not be allowed to include that restriction after the fact."
Assuming this is a real coupon, it states that it is not valid for gift cards.
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