Complaints

• Initial Complaint

  08/03/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  I purchased 2 gift certificates on December 22, 2022 totaling $610 for my parents as a Christmas gift. Kortlyn, the owner of The Clear Difference refused to honor them in July stating they expired May 1, 2023. Colorado State Law as well as Federal law prohibit this.

  Business response

  08/21/2023

  Dear Joanna, 
  Thank you for reaching out. We understand your frustration in regards to the expiration date of your gift certificates.
  

  As a small business that offers services rather than products, we include expiration dates on our gift certificates to ensure that we can effectively schedule our services. Because we are often booked out anywhere from weeks to months from the date of scheduling a detail, it is crucial to both our employees and our customers that we are able to schedule any services in a timely manner, as the time for each service can vary greatly. Moreover, as a small business we often experience inflation which can affect our service pricing; this means that if we do not complete a service within a certain period of time it can negatively impact our profit for that particular service. 
  

  While we apologize for the inconvenience that not being able to use your gift certificates has caused, it is our understanding that it is within our legal rights to include an expiration date on our paper gift certificates. Our business never includes a dollar value on our gift certificates, and we deliver them in printed form. (Please see §1005.20(b)(5)) We print an expiration date on each gift certificate to be completely transparent, as well as to make our customers aware of what day to schedule their appointment by. To our knowledge, Colorado currently has no legislation preventing us from doing so. 
  

  We recognize that our business policy regarding expiration dates may be unsuitable for certain customers and their particular needs or circumstances. Because we value your business with us, we are more than happy to offer a 50% discount on both services that were included in your gift certificates as compensation. If you have any further questions or concerns, you can contact The Clear Difference at 1-970-701-2350. Thank you.

  
  Kortlyn O’Mailia
  The Clear Difference Mobile Auto Detailing and Headlight Restoration
  Craig Colorado, 81625
  Kortlyno@yahoo.com
  

  
  

  Customer response

  08/21/2023

  Complaint: 20414873
  
  I am rejecting this response because: We were never told there was an expiration date. Coincidentally Mr. Omailia later said his policy was 5 months. We purchased the gift certificates on December 22nd and they expired May 1st which is less then 4. 1/2 months. On the advice of our attorney and because per Colorado state law...Gift certificates at minimum have to be valid for 5 years. If not reimbursed we are prepared to  move forward to small claims court.
  
  Regards,
  
  Joanna Hatten

  Business response

  08/30/2023

  Joanna, 

    Thank you for your response. While we understand your frustration, the expiration date of each gift certificate offered by The Clear Difference is printed on the front of the certificate. We would be happy to provide an image of last years’ gift certificates for you to view should you wish to see it. (Please note the image was originally shared to social media, and names were crossed out for the privacy of our customers.) Our business policy accounts for the typical circumstance in which we are booked out at least two weeks in advance which is why the expiration date on your gift certificate was for May 1st. 
  
    It is our understanding that in the state of Colorado, an exception to the expiration date law regarding gift certificates has been made. This can be found in Senate Bill 88 which states that gift certificates issued on paper (when the holder or issuer is a business association with annual gross receipts from the issuance of all gift cards totaling $200,000 or less) are exempt. We believe there may be some misunderstanding as to the distinction between a store value card, a gift card, and a gift certificate. 
  
    Nonetheless, we are willing to offer a free redemption of both services included on your two gift certificates should you still want us to perform them. You can reach The Clear Difference to schedule your appointments at 970-701-2350. Thank you. 
  

  Kortlyn O’Mailia

   

   

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