Very Catatlogue reclaiming promotional codes???

sarahg1969

kirkeastment wrote: »

Chances are that you won't have a leg to stand on, as per their own T&C's.(Yes it says littlewoods, but Very is a sub-group of Littlewoods).

Littlewoods Terms & Conditions relating to discount vouchers

2.3 Where you have redeemed a promotional code or any other offer ("a Code") against your order, acceptance of this order is subject to our verifying that the Code has been issued to you personally, that you comply with all the terms of the offer and qualify for the Code. In the event that the Code has not been issued to you for your personal use or you do not qualify for the offer, the price of the order will be adjusted notwithstanding any email or other confirmation that you receive."

Very interesting, but you've omitted to highlight the part that says:

acceptance of this order is...

The order was clearly accepted, and the contract has been concluded. They cannot later alter the terms and conditions to suit them. The OP offered money and a code in exchange for their goods, which they accepted, and concluded the agreement by sending the goods.

Once they have accepted the order, then presumably, pursuant to their T&Cs, they have already verified the code?

Equaliser123

sarahg1969 wrote: »

Very interesting, but you've omitted to highlight the part that says:

acceptance of this order is...

The order was clearly accepted, and the contract has been concluded. They cannot later alter the terms and conditions to suit them. The OP offered money and a code in exchange for their goods, which they accepted, and concluded the agreement by sending the goods.

Once they have accepted the order, then presumably, pursuant to their T&Cs, they have already verified the code?

A fine example of them not being able to have their cake and eat when it comes to when they determine the contract is concluded.

Anihilator

Have they changed the contract though after dispatch?

Arguable as there terms fully state they will further debit the extra if the person is not entitled to use the code.

The other way to look at it is if someone uses a code they cannot then they are in breach of contract and they could look to recover their losses in this through a court.

Its certainly one I think a court case would be needed to decide on at one stage.

sarahg1969

Anihilator, you have also missed the bit that says "acceptance of this order is...".

That particular term reads:

...acceptance of this order is subject to our verifying that the Code has been issued to you personally, that you comply with all the terms of the offer and qualify for the Code. ...

Very have clearly, by accepting the order at the price offered by the OP, accepted the code. The T&Cs make it clear that they would not have accepted the order if they were satisfied that the OP was not entitled to use the code. They state that they will verify the code before accepting the offer, which they must have done, because they did accept the offer. It's that simple.

The fact is they have now accepted the order, so they cannot change the terms once the contract is concluded.

If they wanted to be able to charge after the event, then they should have put something in their terms to that effect.

DVardysShadow

Anihilator wrote: »

Have they changed the contract though after dispatch?

Arguable as there terms fully state they will further debit the extra if the person is not entitled to use the code.

The other way to look at it is if someone uses a code they cannot then they are in breach of contract and they could look to recover their losses in this through a court.

Its certainly one I think a court case would be needed to decide on at one stage.

Contracts cannot be unilaterally changed. The contract is what is agreed. If they despatch after agreeing a promo code price, they are bound IMO.

Most consumer cases go to small claims which do not set precedent, so the ruling in one case would not be binding.

Norant

This is something that has been going on all the time,people picking up codes via the internet and using them to get discounts on purchases that they are not entitled to.

Terms and conditions are there to be read,if you choose not to read them then surley that is at your peril,if i am about to sign something i will always and i mean always read the small print,i dont care if that takes five minutes or half an hour.

this is where people usually trip up,they do not read the small print or terms and conditions and then when something does go wrong they are surprised by it.

I hope OP that you get this sorted to your advantage and i wish you luck,i would also advise that you should always read the small print no matter how long and tedious it might seem.

Good luck.

Butlers1982

I posted about this 2 years ago saying the Catalogues were getting ready to claw back the discount codes that people were used that they werent entitled to.

sarahg1969

Norant wrote: »

if you choose not to read them then surley that is at your peril....

Good luck.

However, the terms and conditions shown above relate to what will happen prior to acceptance of the order. They cannot change the T&Cs afterwards.

Anihilator

sarahg1969 wrote: »

However, the terms and conditions shown above relate to what will happen prior to acceptance of the order. They cannot change the T&Cs afterwards.

But they havent changed the terms.

The terms state that the code will be checked and the extra charged if it's found the code wasnt entitled to be used.

People have pointed to unilateral change. I would suggest there isnt one as its in the terms they agree to what would happen.

My suggestion would be that it would hinge more on the fairness of this term.

sarahg1969

The terms state that the code will be checked and the extra charged if it's found the code wasnt entitled to be used.

Where does it say that, Anihilator?

The only bit that I can see if that the code will be checked, and the order will only be accepted if the buyer is entitled to use it, and if they are not, then the buyer will be charged full price. That is not what has happened to the OP. The OP's offer was accepted inclusive of the code. It was only thereafter that very attempted to claw back the money.