Hotpoint Cashback Declined for AO.com Purchase

Evening all,

I am looking for some consumer advice and will keep it as short and to the point as possible.

Hotpoint are running a cash back scheme on a number of their appliances: http://www.hotpoint.co.uk/change

We purchased a brand new qualifying tumble dryer from AO.com via their eBay store (But It Now, not auction) on 25th April paying on credit card via PayPal for additional security. The model qualifies for £150 cash back.

To confirm, we spoke to AO.com before purchase to be sure that purchasing via the eBay listing was no different to buying over the phone or from their website and were told it was exactly the same (product, price, supplier; everything) and that an official AO.com invoice would be provided and there would be no problem.

I also emailed the Hotpoint Promotion team who advised of the following with regards to participating resellers and qualifying products:

"Please be advised that all resellers operating on the territory of the United Kingdom are participating in this promotion.

We would like to advise you that in order for you to apply for a cash back, you need to purchase new and genuine Hotpoint Product.

Purchases of second hand, refurbished or reconditioned products will not qualify under this promotion."

The dryer was delivered as planned on 26th April, though there was a delay with the email invoice (which I had to chase to support the cash back claim), but it eventually arrived.

The cash back claim was submitted in full online (serial number and invoice included) on 2nd May, but on 12th May we were emailed and simply advised of the following:

"I regret to inform you that it has not been possible to approve your claim for the Hotpoint Change for the Better Cashback Offer.

This is because you did not purchase one of the promotional products from a participating reseller."

I attempted to query this with the promotion team on the provided contact email address, but this email appears to have been ignored. I also emailed AO.com, but had no reply. As such, I followed up with both companies via Facebook, and while I have received replies, it has not achieved anything.

AO.com seem to suggest that Hotpoint are refusing to process the claim because the sale was conducted via eBay. This was made apparent to Hotpoint by the eBay logo AO.com added to the invoice, otherwise Hotpoint would have been none the wiser.
  • This product was purchased from AO.com; the invoice provided confirms this, with the company name, number and VAT number being clearly displayed
  • The purchase was for a brand new and genuine Hotpoint product at AO.com listed retail price
  • The purchase was NOT second hand, refurbished or reconditioned
I fail to see why the purchase would not qualify? The criteria simply states that a participating reseller must be used and a genuine brand new Hotpoint product must be purchased.

AO.com's eBay shop is simply an alternative gateway or point of advertisement for exactly the same product, in exactly the same condition from exactly the same supplier.

The point of sale, route of purchase and/or method of payment has no bearing on the terms of the promotion; the reseller is still exactly the same (AO.com) and the purchase meets all of the promotion requirements, 100% without question. I have gone through the full terms and conditions and the advertised criteria several times to confirm this.

If the price had been £150 cheaper via the AO.com eBay shop, then I could begin to understand this approach, but the fact is that the price was exactly the same buying through eBay as it was buying through their own website or over the phone, and in line with all other advertised "participating resellers".

Other big suppliers (such as Co-Op and Crampton and Moore) who also have eBay stores have confirmed that their eBay sales are eligible as they are still the supplier regardless of the point of sale, so how is it that AO.com are deemed lesser qualified on this basis?

We purchased in good faith on the understanding that the order qualified for the £150 cash back (as advertised); something we included when budgeting for the purchase.

Have I missed something here and as a result don't have a leg to stand on?


Can anyone advise of the best course of action?

Thanks for any help,

iecuk

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Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 May 2014 at 9:32PM
    Bottom line, if the machine was sold to you on the pretext that it qualified for the cashback promotion (and importantly you have some proof of this) and it turns out that it doesn't then you should be entitled to a refund based on the item being not as described.

    Have you tried giving Hotpoint a call on 02033683989 to clarify the situation.
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Sorry but it doesn't look like you will get any redress from Hotpoint. Their terms are clear that all resellers (that would be official resellers) are listed at the bottom of their website (with links to take you to that store).


    If AO misled you then you would have to chase them, but as it stands you purchased from AO.com ebay store, not from AO.com, the stock and suppliers are likely the same, but just like ebay T&C can differ to AO.com's T&C, so too can suppliers T&C change depending on the purchase outlet.
  • iecuk
    iecuk Posts: 176 Forumite
    Part of the Furniture 100 Posts
    Sorry but it doesn't look like you will get any redress from Hotpoint. Their terms are clear that all resellers (that would be official resellers) are listed at the bottom of their website (with links to take you to that store).

    Thanks for your input. I assume you are referring to point 5:

    "5. Purchases from participating retailers will only be accepted and are determined by the Promoter. For a list of participating retailers please visit www.hotpoint.co.uk/change. Subject to availability."

    The point in question and the list both refer to supplier names and not the point of sale; yes, some of the companies have websites that are linked to, others do not.

    The name of the supplier is "AO.com" regardless of whether the purchase was made via phone, website or eBay store. The terms give no reference to following specific internet links or method of purchase and/or payment.

    In addition Hotpoint themselves advised me via email that "all resellers operating on the territory of the United Kingdom are participating in this promotion". Again, no directions or exclusions on route to purchase and if they want to deem AO.com via eBay as a different reseller from AO.com (which it isn't as the business details section on eBay clearly proves), then the fact still stands that they are a reseller operating in the territory of the UK.

    I haven't tried phoning the promotion phone number as I wanted to make sure I had contact in writing so there could be no question about what had been said.

    Thanks again,

    iecuk
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Record any phone call? (Making sure the the other party is aware of this before continuing with the conversation).
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    iecuk wrote: »
    In addition Hotpoint themselves advised me via email that "all resellers operating on the territory of the United Kingdom are participating in this promotion". Again, no directions or exclusions on route to purchase and if they want to deem AO.com via eBay as a different reseller from AO.com (which it isn't as the business details section on eBay clearly proves), then the fact still stands that they are a reseller operating in the territory of the UK.


    You can try down the hotpoint route, and if they payout great, but you can't force them.


    AO.Com is a official reseller, Ao.com ebay may not be a official reseller. They may be run by the same people, same suppliers, same head office, but they are not the same stores.


    One is an shop the other is a ebay shop managed by AO.com


    And yes while they said all resellers are participating, see the above. Ebay Ao.com != Ao.com one is an official reseller that has been agreed by T&C with their suppliers, the other (ebay ao.com) may not be a official reseller.


    Hotpoint are under no obligation to provide cashback just because someone at Ao.com said ebay sales fall under the cashback rules.
  • techspec
    techspec Posts: 4,464 Forumite
    edited 16 May 2014 at 2:31PM
    Why would you risk Ebay if the price was the same?

    I've participated in many cashback offers - but despite promises by sellers - decided it was a risk i wasn't willing to take.

    But a lot of sellers on Ebay do state "this item STILL qualifies for cashback". How stupid of AO.com to include the Ebay logo.

    Is it too late to re-submit claim with new invoice from AO.com and Ebay logo removed?

    Someone has let you down big style - so keep at em and if necessary threaten court action further down the line. Get the feeling AO.com are at fault - did you getting anything it writing from them prior to buying? But hotpoint did more or less say that as long as the item was new it counted.

    Keep all emails.

    Have you left feedback yet - a good way to warn others?

    Companies have been brought down for refusing cashback promotions - so don't give up hope - they may not want any bad publicity.
  • iecuk
    iecuk Posts: 176 Forumite
    Part of the Furniture 100 Posts
    Thanks for the posts.

    Hotpoint have come back to me via Facebook to advise that they "are just going through the correct authorities to approve this redemption claim". I am just waiting on confirmation of the details, so hopefully this has now been resolved.

    :j
    AO.Com is a official reseller, Ao.com ebay may not be a official reseller. They may be run by the same people, same suppliers, same head office, but they are not the same stores...

    I don't understand how a company can be a 'different' company simply because of a different website address or point of sale. The purchase contract exists with AO.com and has nothing to do with eBay; the seller details on eBay all specify "AO.com" and the associated company and VAT numbers. There is no such company as "eBay AO.com".

    AO.com have spoken to me on the phone today and confirmed verbally that the purchase was made from them and that they supplied and delivered the product.

    If I make a purchase and am issued with a corresponding VAT invoice that includes:
    • my name and address as the buyer
    • details of the purchased product(s)
    • a specific company's
      • name and address
      • VAT number
      • company number
    then as long as the named company confirm that the invoice is genuine, surely I have legally made the purchase from that company and no one else?

    I should stress at this point that I know AO.com are not responsible for managing the promotion and have been clear about this with all parties from the off. The reason I contacted them was because of the lack of response initially from Hotpoint. With both companies cross promoting the offer, I was hoping that AO.com would have a point of contact with Hotpoint and be able to confirm that the purchase was a genuine new purchase from them and not some sort of second hand or graded sale.

    In any case, it has been a real eye opener and I am keeping my fingers crossed that Hotpoint now resolve this as promised and I can stop worrying about it.

    Thanks again for the input and have a great weekend.

    iecuk
  • bod1467
    bod1467 Posts: 15,214 Forumite
    techspec wrote: »
    Companies have been brought down for refusing cashback promotions - so don't give up hope - they may not want any bad publicity.

    Are you thinking of the Hoover free flights fiasco?
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You're getting into the legal area, but there is a difference between having purchased through AO.com or through a 3rd party operated by AO.com.




    Ebay has additional T&C over AO.com so there are differences, Suppliers can stipulate what constitutes a reseller and what doesn't. I understand where you're coming from, but AO.com and AO.com ebay outlet are not the same. If Hotpoint said "Ebay counts" then no problem, but they didn't they said all Resellers, while I'm not (and you're not and others aren't) able to view supplier T&C's there may well be a clause stating "Reseller status is conferred to Business XXX with items purchased directly from AO.com or telesales"

    I hope Hotpoint give you the cashback, but they are entitled to decline.
  • jimmy_save
    jimmy_save Posts: 17 Forumite
    I purchased two Hotpoint items, a Fridge Freezer from Boots Appliances and an Oven from Whitebox both of who are listed as participants of the promotion and both display it on there respective websites. The T&C's state.
    For a claim to be valid, all relevant customer details must be supplied and a copy of your till receipt or sales invoice must be submitted from a participating retailer showing the purchase of a Selected appliance, the purchase price and the date of purchase which must be within the Promotional Period.

    I sent them twice copies of my order invoices which show, my name and address, the fact I paid by card, the item description and the price that i paid for it. Along with the order date and the delivery date. My claim has been turned down for incorrect details and not it states it is out of date. The promotion hasn't finished yet. The latest online FAQ's now states that it must be a VAT invoice and an order form will not suffice even if it has all the details stated in the T&C's. I then phoned Boots Appliances who advised me that there Invoice is ok and that I was not the first customer to have problems. Boots are actually going to phone Hotpoint to try and get it sorted.
    What is even better is that Domestic and General on behalf of Hotpoint are phoning me to ask if I want an extra warranty. The whole thing seems to be a bit of a shambles.:mad:
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