Toshiba Bluray Lovefilm Promotion

essex_chris

It looks like i've been unlucky with my claim on a 12 month 4discs per month Bluray Lovefilm freebie that was on offer recently.

We saw a bargain on HotUKDeals - £100 for a Toshiba Bluray player, with a free 48rentals voucher for Lovefilm. As i've already got a Bluray player i went 50/50 on the deal with my Dad, he would keep the player, and we would have the lions share of the rentals. (he only really wanted to see Entrapment in HighDefinition).

I registered the player, printed out the registration and details and then sent off the Argos receipt & registration form to Toshiba. I'd kept PDF outputs of the information and forms - just force of habit really.

It seems that i was mistaken in just putting a 1st class stamp on the envelope and putting it in the post. I read now that the T&Cs seem quite specific about advising recorded delivery, and the timescale for when things have to be sent in. Although i registered in time, it has now been more than 14days since i registered so i am too late!

I emailed the contact address on Friday to ask when i would be getting my voucher through, and received this response;

Good Morning,

Thank you for that information, for us to look into this further for you can you please provide the track and trace number.

Thank you in advance.

Kind Regards

Toshiba Team

Of course since i didn't send it recorded i don't have one, in fact i didn't initially remember what track and trace was. (stupid of me)

I did a bit of a search after this, found other threads on here about a TV purchase and cashback, and more carefully read the T&Cs. Naievely i didn't go through it all with a fine toothed comb before i sent anything off.

Good morning

Thank you for your e-mail.


Unfortunately the documents must be received within 14 days of registration for the claim to be processed.

Unfortunately we cannot assist further in this instance, however if you would like to take this further please write to the below address:

Nigel Evans
Toshiba Court
Weybridge Business Park
Addlestone Road
Weybridge
Surrey
KT15 2UL

Kind regards

Toshiba Team

I asked for an email contact for Nigel Evans, but have received a reply that there isn't one.

I now can't help thinking that firstly i was stupid to not send it recorded, but also naieve as their response seems so regimented that i'm going to get no joy from this enquiry, it wouldn't even surprise me if registrations and receipts that turn up not recorded delivery get binned, as of course there is no proof.

ANy letter i send to Nigel Evans i had better send recorded too

Now i read through all the T&Cs carefully i can't help but think that i am screwed and have lost out on £50 and those rentals.

What bothers me the most is that the promotion is still on till the end of July, i have all the details, and can easily get proof of date of purchase.

Any helpful suggestions?

unholyangel

When did you buy it and has your dad used it?

essex_chris

We bought the bluray player from Argos, on the 7th May. Yes it has been used regularly since.

The promotion was an offer on a card in the box - we had heard of this before and it was a primary reason for purchasing that player.

I wouldn't imagine that the player could be taken back to Argos, and it's not really their problem. The Lovefilm promotion was a bonus, but it seems like Toshiba (or possibly Fotorama) are being difficult about the Terms & Conditions.

I do understand that they want to deal with abuse of the offers, but feel a bit ticked off at the minute at their response.

unholyangel

And i assume from what you've said that you didnt get proof of posting either?

essex_chris

That's right, as per the first post it was not sent recorded, just first class.

unholyangel

essex_chris wrote: »

That's right, as per the first post it was not sent recorded, just first class.

I know you said you didnt send it recorded but you can still get proof of postage by taking it into the post office and asking, and its free Doesnt give you proof of delivery or tracking but it does prove you sent.....something LOL.

If it states in their T&C's it has to be sent recorded delivery and they're saying they havent got it and you cant prove you've sent it, i'm not entirely sure if there is anything that be done from a legal point of view. You could of course write to the address they supplied and yes, you would be better sending it recorded so you can prove you sent it if needed.

You never know, Toshiba may be willing to help you out and offer something as a goodwill gesture. Alternatively, have you tried even dealing with Argos? I know you said it was a promotional offer but the contract you had really was with them and you are their customer technically, not toshiba's.

essex_chris

I don't believe it says that you have to sent it, but does advise.

I have to be honest, i did not read through it line by line carefully as i just did not think it would be neccessary. Out of habit i copied what i was sending, but printed out the registration, included the receipt, then sent it to the address as per the instructions.

This is the instructions as per the website;

Thank you for registering your Toshiba product.
Please read and print the following instructions on how to proceed to make a claim:
1. To claim, you must:
a. Within fourteen (14) days of registration submit:
your printed registration certificate
your original receipt
2. Send the above documents to:
Toshiba/Lovefilm ‘12’ Promotion
Dept No: 10818
PO Box 125
Uckfield
TN22 6UX
3. We would recommend that you take copies of these documents and send the originals via recorded delivery.
Your registration certificate is confirmation of your registration - please note you will not receive any further
correspondence in relation to this promotion.
If you require any further information or assistance

This is from the certificate as printed;

To claim, you must:
Within fourteen (14) days 1. of today submit:
your printed registration certificate
your original receipt
Do not click on the Continue button unless you have already printed your Toshiba/Lovefilm Registration
Certificate.

This is taken from the Terms & Conditions i have on PDF

Terms & Conditions of Toshiba’s/Lovefilm Promotion ("these Promotion Terms")
(Selected Toshiba products only)
Promotion term: 1st December 2009 - 31st July 2010 (inclusive)
A. Promotion
Subject to these Promotion Terms, if you purchase the qualifying Toshiba product within the promotion term, you will have the chance to claim a free
twelve (12) month standard Lovefilm subscription (‘’this promotion’’). The free subscription is subject to Lovefilm's terms and conditions available
at www.lovefilm.com/toshibabluray.
1.
This promotion will commence on 1st December 2009 and close at midnight on 31st July 2010 (‘’the promotion term’’) and will apply only to
qualifying Toshiba products purchased within the promotion term.
2.
3. In order to claim your free 12 month subscription you must buy the qualifying Toshiba product and:
register it in accordance with Section C (below) within seven (7) days of the date of your purchase within the promotional period. If you
purchase your qualifying Toshiba product on the final day of this promotion, (31st July 2010) you must register for this promotion on or before
7th August 2010. If you do not do this, you cannot claim under this promotion.
a.
To make your claim you need to submit your original registration certificate and original itemised receipt/invoice in accordance with Section D
(below) this must be received within fourteen (14) days of the date of registration. This is necessary to receive your Lovefilm subscription
activation code. If you purchase your qualifying Toshiba product on the final day of this promotion, your submission must be received on or
before 21st August 2010. If you do not do this, you will not receive your claim code for 12 (twelve) months free subscription.
b.
B. Scope & restrictions
This Promotion is:
Only open to residents of the United Kingdom aged 18 or over.
This promotion is not open to employees of Toshiba or Lovefilm, or their families, or anyone else professionally connected with this promotion.
Applicable only to Toshiba’s BDX2000KTB DVD Player. This is the only qualifying Toshiba product under this promotion.
Limited to one (1) claim per household.
C. Registering
To successfully register for this promotion:
Please ensure that you are able to print from the computer you are using to register before starting the registration process. You have only one (1)
opportunity to print the certificate, and you cannot claim under this promotion unless you have the original printed certificate.
1.
2. Log-on to Toshiba’s website at www.toshibalovefilm.co.uk within seven (7) days of purchase. Click on the photo of the BDX2000KTB Blu-ray player.
Register your purchase by fully completing the online registration process, and print the resulting Toshiba/Lovefilm Promotion Certificate of Registration
(‘’certificate’’).
3.
NB. Registration for this Promotion and registration for Toshiba product warranties are different processes, and registering for warranty or any other
Toshiba promotion will not register you for this specific promotion.
D. Submitting your certificate & receipt
Provided that you have registered in accordance with Section C above, in order to claim your Lovefilm subscription activation code, you must send your
original certificate and original dated itemised receipt/invoice, plus your date of birth to confirm that you are over 18 years old, these must be received
within fourteen (14) days of date of registration. Send your submission to:
1.
Toshiba/Lovefilm ‘12’ Promotion
Dept No: 10818
PO Box 125
Uckfield
TN22 6UX
2. Recorded delivery is strongly recommended, as lost/late/undelivered applications will not be validated.
Photocopied itemised receipts/invoices and certificates will not be accepted. You must submit the originals, which must show the product code. (“Blu-ray
player” is not sufficient).
3.
Itemised receipt/Invoice will be returned to you but we suggest that you take a photocopy of your documents and keep them for your reference before
submitting them.
4.
Provided that all applicable terms are met, a letter will be sent to you detailing your Lovefilm subscription activation code. You will need to go to
www.lovefilm.com/toshibabluray and follow the process to activate your account on receipt of this code. Lovefilm's terms and conditions will apply.
5.
6. We endeavor to respond to all applications for Lovefilm subscription activation codes within (twenty-eight) 28 days of receipt of submissions.
E. Refusing claims
We reserve the right to refuse claims if:
At any stage you have not fully complied with these Promotion Terms, or if a claim is not submitted strictly in accordance with these
Promotion Terms.
F. Other terms & conditions
Toshiba cannot accept responsibility for claims lost, late, delayed or damaged, or for any delays following, or any failure to follow, the registration/claim
process as set out in these Promotion Terms.
1.
2. Proof of posting will not be accepted as proof of receipt.
The e-mail that we send which contains the Lovefilm subscription activation code will be sent to the e-mail address which is detailed at the time of
registration. One (1) e-mail will be sent per successful application. If the e-mail address is incorrect and the e-mail is not received by the claimant a
replacement code will not be sent to an alternative e-mail or postal address.
3.
4. Consumers are expected to have access to an e-mail address to enter this promotion, no entries will be validated without an e-mail address as this is only
Toshiba Lovefilm Promotion http://www.toshibalovefilm.co.uk/bdx2000/tscs.asp?Home=Certificate...
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method of communication.
Toshiba will be responsible for the cost of sending your Lovefilm subscription activation code to you, but you will be responsible for all other costs
associated with the claim process. Toshiba does not warrant that your use of or access to the registration site will be uninterrupted by error or virus nor
shall it or its licensors have any liability for damage caused by hostile software which may affect or infect your computer equipment or property as a result
of your use browsing this site.
5.
Lovefilm have their own Terms and Conditions of Use in relation to their products and services, which subscribers must agree and adhere to at the time of
activating their subscription.
6.
Toshiba accepts no liability for Lovefilm, their products, 7. services or conduct.
Toshiba are responsible for all queries relating to Toshiba products and the registration and claiming for this promotion. Toshiba are not responsible, nor
will they be able to assist with queries relating to Lovefilm, your subscription or any other queries relating to www.lovefilm.com/toshibabluray.
8.
To the maximum extent permitted by applicable law, in no event will Toshiba be liable for any losses or damages whatsoever (including direct or indirect
damages, loss of business profits, lost savings or other special, incidental, exemplary or consequential damages whether for breach of warranty, contract,
strict liability, tort or otherwise) arising out of or in connection with this Promotion.
9.
Failure by Toshiba to enforce any provision of these Promotion Terms in whole or in part will not constitute a waiver, or affect Toshiba’s right to require the
future performance in full thereof, nor shall Toshiba’s waiver of any breach of any provision of these Promotion Terms constitute a waiver of any
subsequent breach or nullify the effectiveness of any such provision.
10.
If any provision of these Promotion Terms is be found by any court, tribunal or administrative body of competent jurisdiction to be illegal, invalid or otherwise
unenforceable, such illegality, invalidity or unenforceability will not affect the other provisions of these Promotion Terms, which will remain in full force and
effect.
11.
This Promotion and these Promotion Terms will be governed by and construed in accordance with the laws of England, and each party irrevocably agrees
to submit to the exclusive jurisdiction of the English courts in relation to all claims arising out of or in connection with this Promotion and these Promotion
Terms.
12.
Promoter address: Toshiba Information Systems (UK) Limited (company number: 918861), Toshiba Court, Weybridge Business Park, Addlestone Road,
Weybridge, Surrey KT15 2UL.

It says in the terms & conditions that lost deliveries will not be validated.

I just think it's a bit poor that i cannot still apply for the code for Lovefilm membership given that the promotion is still running and active, i can provide proof of purchase, the registration certificate etc.

I'm going to see if i can get in contact with anybody by phone and see what they have to say. That or email, since if i try to get this taken care of before the promotion ends by post i think i will be barking up the wrong tree!

essex_chris

I must say that having been on the phone with somebody called Simone at Toshiba Customer Care i am much more happy. Turns out that although replying as 'Toshiba Team' the emails i got were from Fotorama not Toshiba. I am waiting for a call back with a reference number, but she felt that with the details entered on her system if i were to write to Nigel Evans, who is head of the Toshiba Customer Care UK Team then i might well be able to get it all sorted.

Nigels address was the one given to me by the people i contacted by email.

Fingers crossed!

unholyangel

Keep us updated and good luck

essex_chris

As promised i just got the call, now have a reference number so that Nigel Evans will be able to see all the details without me going through it again. Will write a letter to see if this can be dealt with. There is another month for the promotion to continue, i'll likely see if i can get replacement original proof of purchase from Argos so that i can send it along with the letter along with a reprint of the registration form.

adam.mt

Good luck.

I know Toshiba previously helped me out with claiming a promotional cash back on a computer - in short, although ordered during the promotion it wasn't delivered until after, meaning technically I couldn't register it in time - but they where very helpful and willing to assist, and I got the cash back.