Goods bought on-line using discount code, supplier now asking for the full amount.

jamstac

My wife on Tuesday got a discount code off another forum, which was spend £30 and get £30 off with free delivery. She went on the site, placed a order, had to set up as a new customer as she had not used the site before, entered discount code at the checkout, and had to pay the total of £1.56 as it was just slightly more.

On Thursday the goods arrived. She opened them and used some.

Fast forward to this morning and she has had a phone call from company saying that the code was only for returning customers and so she either needs to pay the £30 or send the goods back. Were do we stand with this?

Thanks

halibut2209

The contract was concluded when they sent the items out. You don't need to pay, and you don't need to send them back.

EDIT: Was this Hope Education?

bris

She used a code from another forum, these codes are normaly for certain customers and are not for public use. People tend to post up personal codes in the hope others can use them, sometimes this works but is against the companies terms for that code, i.e one time code for a returning customer. There is not a lot the retailer can do about now as their software should really make it a one time code, but it doesn't mean they are not allowed to ask for the difference or the goods back as the code was not meant for public to use.
The chances of them taking any action over this, or even if they can are slim to nil so it's up to you whether you comply or not.

jamstac

Yes it was Hope Education. My wife was worried because on the phone they made out that because she was not a returning customer that she had failed the terms and conditions of the discount code.

halibut2209

Then they should not have sent the items out. Their mistake pure and simple. There is no action they can (successfully) take.

unholyangel

From their website:
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

3.1 After placing an order we will acknowledge that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
3.2 These terms and conditions shall become binding on you and us when we deliver the Goods to you, at which point a contract shall come into existence between us for the Goods that we have delivered (a “Contract”).

zenmaster

Wrong!

They have not contracted to supply you with £30 of goods for £0.

They have contracted to supply you with £30 of goods for £30 but allow you to use a valid code as payment of that £30.

Your wife (and all the others that are complaining about the same thing) did not use a valid code, but one which they got from the internet. That could be construed as fraud.

sarahg1969

The OP offered the code as part payment, though, and this was accepted by the seller. Unless the Ts & Cs mention the "valid code" point? They don't seem too, though. The OP offered £30 plus a code, and this was accepted, the goods were sent out; end of contract. The seller had the opportunity not to accept the offer of payment in this way, but chose to accept it instead.

unholyangel

zenmaster wrote: »

Wrong!

They have not contracted to supply you with £30 of goods for £0.

They have contracted to supply you with £30 of goods for £30 but allow you to use a valid code as payment of that £30.

Your wife (and all the others that are complaining about the same thing) did not use a valid code, but one which they got from the internet. That could be construed as fraud.

Nothing on their websites about validity of codes/vouchers. In fact nothing in their terms about vouchers/codes at all.

Therefore imo, offer of payment was made by OP's wife and accepted by hope education. They should have checked prior to sending the goods as (by their own T&C's) this is when both the consumer and they become bound by the contract terms.

The only thing in their T&C's that would come close to covering this would be:
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

And I think anyone with an oz of common sense would see that checking the validity of codes used is definitely within their control. If they had contacted prior to shipping, then they'd be within their rights to ask for an amended amount. But as it stands, contract has been concluded. Once a contract is concluded and both sides have accepted the terms of the contract, you cannot then vary those terms.

DTDfanBoy

zenmaster wrote: »

That could be construed as fraud.

Fraud, hilarious

I'd love to know how they could prove in a court of law that the OP knew that the code wasn't valid, fraud by definition relies on an intentional deception haven taken place

DTDfanBoy

Just had a quick skim of the contract and noticed this

2.2 These terms and conditions only apply to businesses. If you are a consumer separate consumer terms and conditions apply. Please contact us at [EMAIL="enquiries@hope-education.co.uk"]enquiries@hope-education.co.uk[/EMAIL] for a copy of these consumer terms and conditions.

It may pay to find out what the actual consumer T&C's are. I can see no mention of codes in these terms though.

It also seems that at no point in the checkout process are you asked to confirm you are a business, and at no point does it ask you to agree to the consumer T&C's.