Groupon - What are our rights?

Giddigirl

I have been using Groupon and KGB Deals with mixed results :undecided !!

I understand that we have distance selling rights and to be honest have not had any problems getting a refund.

However there have been a few items that I have purchased where the company giving the service advise that the small print that Groupon/KGB Deals have written is incorrect. This has resulted in me either paying more or getting a refund. But this is not what I want!!!:mad:

Obviously if I have paid for something, that offers a discount I want the product or service at that price. However the small print (which I do read) may 'change' the company providing the service will say its an error on groupon's/ kgb deals behalf and refer you back to them. E.g bought a car service and MOT for £XX worth £XXX and the only small print was that the car had to be no older than 15 years. Upon calling the company providing the service they said it was an 'error' with the small print and it should have said 4 - 15 years old. My car is 1 year old.

In my book this is mis-selling, I have bought, in good faith, on the basis of what Groupon/KGB Deals have advertised and then the provider says the info was incorrect. Both parties seem to think a refund will make it ok but I want the product/service!!!

Other things have happened were they have said its for 2 but the company say its for 1 and I have had to pay again. Or I have bought the deal and not been able to get hold of the provider. Or the deal was not as popular as they thought so the provider wanted to cancel it!!! I am becoming very wary!!:eek:

So my question is, do I have any rights?? Surely the new website advertising laws should have some impact on this??

Any help would be really appreciated. :j

poet123

Giddigirl wrote: »

I have been using Groupon and KGB Deals with mixed results :undecided !!

I understand that we have distance selling rights and to be honest have not had any problems getting a refund.

However there have been a few items that I have purchased where the company giving the service advise that the small print that Groupon/KGB Deals have written is incorrect. This has resulted in me either paying more or getting a refund. But this is not what I want!!!:mad:

Obviously if I have paid for something, that offers a discount I want the product or service at that price. However the small print (which I do read) may 'change' the company providing the service will say its an error on groupon's/ kgb deals behalf and refer you back to them. E.g bought a car service and MOT for £XX worth £XXX and the only small print was that the car had to be no older than 15 years. Upon calling the company providing the service they said it was an 'error' with the small print and it should have said 4 - 15 years old. My car is 1 year old.

In my book this is mis-selling, I have bought, in good faith, on the basis of what Groupon/KGB Deals have advertised and then the provider says the info was incorrect. Both parties seem to think a refund will make it ok but I want the product/service!!!

Other things have happened were they have said its for 2 but the company say its for 1 and I have had to pay again. Or I have bought the deal and not been able to get hold of the provider. Or the deal was not as popular as they thought so the provider wanted to cancel it!!! I am becoming very wary!!:eek:

So my question is, do I have any rights?? Surely the new website advertising laws should have some impact on this??

Any help would be really appreciated. :j

In this instance it is clearly because cars only need an MOT after 3 years and therefore, anyone buying the voucher and not needing this element would not be getting as good a deal as those needing both the service and MOT.

Giddigirl

Thanks for your quick response and I am aware of the MOT situation however in my contract with the dealer I am required to have a service hence buying the voucher, as it was much cheaper.

As I said I feel this is mis-selling, I have bought, in good faith, on the basis of what Groupon/KGB Deals have advertised and then the provider says the info was incorrect. Both parties seem to think a refund will make it ok and or refer you to the other but I want the product/service!!!

What I actually bought is not the point - I want to know my rights for buying via this 3rd party and who is accountable for any 'errors'.

Thanks

wealdroam

Giddigirl, Once you have bought the thing and have it in your hands, the deal is done.

They cannot change the terms after that point.
Or to put it another way, any change to the terms have no effect on your purchase.

It appears that you have paid a sum of money for a voucher, and now they are saying "Sorry we have got it wrong. That isn't what we intended".

Well it's too late for that.

Suggest a letter before action and small claims court is next.

halibut2209

Did they actually send the vouchers or not? If they didn't then I'm afraid they are well within their rights to offer a refund early. However if, as wealdroam says, you have the vouchers in your hand, then they are obliged to honour them under the conditions they were sold.

poet123

Your contract is with Groupon, therefore, if they advertised the product incorrectly it is their problem. However, I think that by refunding without quibble they will be doing enough to satisfy their obligations. I suspect that will be in their T&c'S, whether that would be an unfair term or condition is open to question, but as above, that would have to be tested in court.

You would have to sue for breach of contract/misleading advertising and losses incurred by having to pay more for a service you thought you had bought using this voucher. Whether it would be worth it is a moot point.

My feeling is (having just had to return a voucher for a hotel stay which was fully booked till October from almost the moment the vouchers were delivered according to the hotelier) is that it is a punt, a good offer which has its downsides, if it pans out, great, if not, then I will get a no quibble refund. Not sure a court would expect much more either, but you could try.

allanmc

On a similar note..........

We purchased a pair of headphones as a gift for our daughter via a Groupon offer. Three weeks later, the headphones arrived. The next day we decided that they looked a bit crap and that they really wouldn't be "cool" enough for her. I could find no information regarding what the Groupon returns policy was, so I emailed them. Almost a week later I got a reply stating:

"[FONT=&quot]Unfortunately, after the 7 day cancellation period, we only issue refunds if there is a problem with the product or some other extenuating circumstance. I'm sorry to say on this occasion, this seems not to be the case therefore we are not obliged to give you a refund."

As I advised them by reply, I emailed them the day after the headphones were delivered and thought that this was in accordance with my rights under the distance selling regulations. I couldn't reject them any earlier as I hadn't yet had the chance to inspect them.

Am I correct in thinking that these distance selling regulations apply to Groupon purchases?
[/FONT]

bris

Yes they apply to groupon purchases. The 7 working days start after delivery, not after the order was placed. Remind them of this fact.

allanmc

bris wrote: »

Yes they apply to groupon purchases. The 7 working days start after delivery, not after the order was placed. Remind them of this fact.

Thanks Bris.

I did try but they have simply pointed me toward the supplier, Headphone Planet. Unfortunately, due to Groupon being slow to reply, it is now over seven days since we received the headphones

This does seem like a bit of a grey area, as it looks like Groupon are acting as an agent for their suppliers and are not happy to take on any further resposibility.

I will have another go and see what they say.