TopCashBack Maplin Claim

Alexland

I have a TopCashBack claim for a Maplin purchase that tracked in 2017. I have been chasing it regularly and until now TCB have indicated that they will payout despite Maplin going into administration in 2018. Today they have told me that they do not intend to pay the claim - is this reasonable or are TCB liable for honoring their cashback offer?

powerful_Rogue

Alexland wrote: »

I have a TopCashBack claim for a Maplin purchase that tracked in 2017. I have been chasing it regularly and until now TCB have indicated that they will payout despite Maplin going into administration in 2018. Today they have told me that they do not intend to pay the claim - is this reasonable or are TCB liable for honoring their cashback offer?

No cashback is guaranteed. Just look at it as a potential bonus.

Browntoa

There's nobody to pay the cashback , theres nothing in topcashback terms to promise payment in case of retailer administration

Alexland

I know it's probably buried in their small print that they don't have to pay out but is it reasonable that their business model is based on promoting deals, transacted via their website links, for which they claim no responsibility if their supplier fails?

I once had a similar issue with a Quidco partner and after offering to test the reasonableness of the Quidco terms in the small claims court they quickly paid out.

It's not much money but it bugs me as I have never yet given up on a cashback claim.

Has there ever been a court decision on if cashback terms are fair?

Alex

powerful_Rogue

Alexland wrote: »

I know it's probably buried in their small print that they don't have to pay out but is it reasonable that their business model is based on promoting deals, transacted via their website links, for which they claim no responsibility if their supplier fails?

I once had a similar issue with a Quidco partner and after offering to test the reasonableness of the Quidco terms in the small claims court they quickly paid out.

It's not much money but it bugs me as I have never yet given up on a cashback claim.

Has there ever been a court decision on if cashback terms are fair?

Alex

It would have to go to a High Court to be binding.
You may have found Quidco paid out as it's cheaper to do that then to defend. Doesn't mean you was in the right and they were in the wrong.

6.2 Cashback shall only be paid on transactions that fulfill the following criteria:

e) notification from the retailer or their tracking network that your purchase is a qualifying transaction. As explained above, whether or not a purchase is a qualifying transaction is entirely at the discretion of the retailer and you acknowledge that we will not be liable for any Cashback to you if the retailer does not accept your transaction as a qualifying transaction.

6.5 You acknowledge that the retailer or it’s tracking agency’s decision is final in relation to the payment of commission to us and in turn, our decision is final in relation to paying Cashback to you. We will make all reasonable endeavors to secure the payment of commission on a transaction but we do not and cannot make any guarantee in this regard. In the event we do not receive the expected commission for a transaction for whatever reason, we will not be liable to pay the relevant Cashback to you.

Seems reasoable to me.

Alexland

powerful_Rogue wrote: »

Doesn't mean you was in the right and they were in the wrong.

Yes agreed, no idea if I am right on this one. While their terms are clear are they a fair contract?

What's to stop any other company promising something and making it uncertain in the small print?

Alex

powerful_Rogue

Alexland wrote: »

Yes agreed, no idea if I am right on this one. While their terms are clear are they a fair contract?

What's to stop any other company promising something and making it uncertain in the small print?

Alex

They don't promise you though. You purchase the item as you normally would, any cashback is a bonus. Never purchase something just to get cashback.

Alexland

powerful_Rogue wrote: »

They don't promise you though. You purchase the item as you normally would, any cashback is a bonus. Never purchase something just to get cashback.

Their website makes it pretty clear that users should expect TCB to pay cashback on genuine purchases and in accepting the TCB offer (clinking the link) it is binding a (potentially unfair) contract between the user and TCB to pay the cashback.

As I say it's not much money but it bugs me that TCB claim no liability for their business model.

People seem to accept this is ok - which I don't understand.

Alex

powerful_Rogue

Alexland wrote: »

Their website makes it pretty clear that users should expect TCB to pay cashback on genuine purchases and in accepting the TCB offer (clinking the link) it is binding a (potentially unfair) contract between the user and TCB to pay the cashback.

As I say it's not much money but it bugs me that TCB claim no liability for their business model.

People seem to accept this is ok - which I don't understand.

Alex

Martin Lewis sums it up nicely with his 5 rules to cashback.
https://www.moneysavingexpert.com/shopping/cashback-websites/#majorrules

You're fighting a losing battle. Chalk it up to experience and don't waste time fretting over it.

Alexland

Yes it does seem strange to me that even MSE have accepted cashback site T&C's as reasonable.

Sometimes I see the world through a different lens.

I will keep chasing as it worked last time with Quidco. I accept it is not in their commercial interests to ever admit their terms are flawed. The problem is that the cashback is never going to be a large enough sum to establish a legal position.

Alex

dj1471

If TCB get paid then you get paid, that seems reasonable to me.

I'll have to write off the 29p they owe me too