Feel like I've been cheated by Groupon

unhappycustomer637

I recently brought a Groupon deal for a laser hair removal service from a company called Skinspace. When I called to redeem they advised certain body areas were excluded from their 'Full Body Package' and if I wanted these included it would cost around £400 more.

When I challenged this the person advised that the Groupon Full Body Package was different to the package Skinspace offer direct from their website and this is stated in the terms and conditions.  I didn’t see the terms of the deal and stupidly assumed by looking at skinspace website and seeing the price of the full body package on their site that this is what I was getting.

I feel the terms were not easy to find on the Groupon App.

HERE IS THE CONFUSION
If you buy on the Groupon website on a DESKTOP COMPUTER the ABOUT THIS DEAL section is clearly presented before you buy.

HOWEVER, If you buy via the GROUPON APP (Which I did - probably loads of other people do) the ABOUT THIS DEAL information is not directly visible at point of purchase.  You need to scroll past deal options from groupon and lots of customer reviews (which I didn't) to get to the small print.

Also if you click on a service you want to buy - you get sent straight through to the purchase page so the deal terms are immediately bypassed.

I feel cheated. It feels like Groupon has essentially created a made-up service package that doesn't exist on SkinSpace's actual menu, but they're using SkinSpace's real premium package price (£3,495) to make it look valuable more valuable than it actually is.

Seems like no one can help me get a refund.

I brought through PayPal pay in 3. I opened a dispute with PayPal they have been awful. Sided with seller after giving me lots of reasons that made no sense in relation to the issue I raised. (One of their reasons was product was not damaged, another was I had received the vouchers (which I hadn't disputed) 

Tried to see if bank can chargeback but they can’t help as the payments to PayPal were 3 direct debits - and there is a limit to what can be done with DD.

Called Financial Ombudsman but they say pay in 3 is an unregulated service so not their jurisdiction.

Citizens advice say because from a legal perspective if terms and conditions were available online regardless of where they were I am bound by these terms.

Advised I ask Groupon and see if they will refund as a goodwill gesture. Like that is going to happen. Not sure where to go next.  Any advice gratefully received.

born_again

unhappycustomer637 said:

I recently brought a Groupon deal for a laser hair removal service from a company called Skinspace. When I called to redeem they advised certain body areas were excluded from their 'Full Body Package' and if I wanted these included it would cost around £400 more.

When I challenged this the person advised that the Groupon Full Body Package was different to the package Skinspace offer direct from their website and this is stated in the terms and conditions.  I didn’t see the terms of the deal and stupidly assumed by looking at skinspace website and seeing the price of the full body package on their site that this is what I was getting.

I feel the terms were not easy to find on the Groupon App.

HERE IS THE CONFUSION
If you buy on the Groupon website on a DESKTOP COMPUTER the ABOUT THIS DEAL section is clearly presented before you buy.

HOWEVER, If you buy via the GROUPON APP (Which I did - probably loads of other people do) the ABOUT THIS DEAL information is not directly visible at point of purchase.  You need to scroll past deal options from groupon and lots of customer reviews (which I didn't) to get to the small print.

Also if you click on a service you want to buy - you get sent straight through to the purchase page so the deal terms are immediately bypassed.

I feel cheated. It feels like Groupon has essentially created a made-up service package that doesn't exist on SkinSpace's actual menu, but they're using SkinSpace's real premium package price (£3,495) to make it look valuable more valuable than it actually is.

Seems like no one can help me get a refund.

I brought through PayPal pay in 3. I opened a dispute with PayPal they have been awful. Sided with seller after giving me lots of reasons that made no sense in relation to the issue I raised. (One of their reasons was product was not damaged, another was I had received the vouchers (which I hadn't disputed) 

Tried to see if bank can chargeback but they can’t help as the payments to PayPal were 3 direct debits - and there is a limit to what can be done with DD.

Called Financial Ombudsman but they say pay in 3 is an unregulated service so not their jurisdiction.

Citizens advice say because from a legal perspective if terms and conditions were available online regardless of where they were I am bound by these terms.

Advised I ask Groupon and see if they will refund as a goodwill gesture. Like that is going to happen. Not sure where to go next.  Any advice gratefully received.

Sadly the devil is in the detail. Not scrolling to the important bit's in this case. Reviews might have pointed out the issue as well.

Only way left open would be money claim online. But they could just contest on the basis they have already used to reject PP.
Although this might not be a option as you bought & paid for a Wowcher, which you received. Rather than paying for the service direct. 

Might as well just go & have the bits done you paid for done.

swingaloo

The problem here is that you bought a voucher and got a voucher. They sided with the seller because you got what you paid for -a voucher. You didn't buy from Skinspace so have no recourse there. These Groupon/Wowcher deals need to be looked at closely before purchasing as they are often not what they seem. 

MyRealNameToo

To play devils advocate...

You have an app by the company so this presumably isnt the first time you've ever visited Groupon. You seen to be aware that the website has details of what the offer includes and so whilst on this occasion you bought from the app you know it's likely that there are terms. Yes being below the page fold may not be great but they were there and you could have read them if you wanted to. 

Having run websites for firms, even if you have T&Cs, even fairly short ones written in nice plain English people dont read them and despite that click to say they agree to them. 

Whilst the Court of Appeal decision last year on commissions was crazy and thankfully reversed by the Supreme Court the one thing they did get right is people signup to terms without reading them.

Unfortunately this sounds like you were the author of your own misfortune. 

Alderbank

swingaloo said:

The problem here is that you bought a voucher and got a voucher. They sided with the seller because you got what you paid for -a voucher. You didn't buy from Skinspace so have no recourse there. These Groupon/Wowcher deals need to be looked at closely before purchasing as they are often not what they seem. 

You bought a service from Skinspace.

You didn't pay with fivers; you paid with a voucher, but your rights under the Consumer Rights Act are the same. The Act allows you to pay with whatever both parties agree.

If the service had not conformed to contract you would have been able to claim a refund from Skinspace. However section 56 of the Act says that the trader must give the refund using the same means of payment as the consumer used to pay for the service, so you would have got your Groupon voucher back. 

elsien

The Groupon terms and conditions and what is included or not included is always at the bottom of the page. They are not hard to find. 

the_lunatic_is_in_my_head

Alderbank said:

swingaloo said:

The problem here is that you bought a voucher and got a voucher. They sided with the seller because you got what you paid for -a voucher. You didn't buy from Skinspace so have no recourse there. These Groupon/Wowcher deals need to be looked at closely before purchasing as they are often not what they seem. 

You bought a service from Skinspace.

You didn't pay with fivers; you paid with a voucher, but your rights under the Consumer Rights Act are the same. The Act allows you to pay with whatever both parties agree.

If the service had not conformed to contract you would have been able to claim a refund from Skinspace. However section 56 of the Act says that the trader must give the refund using the same means of payment as the consumer used to pay for the service, so you would have got your Groupon voucher back. 

I disagree OP purchased a voucher so if the voucher doesn't do what is promised they are entitled to a remedy (not sure if the voucher for this is goods, digital content or a service). 

If OP purchased a voucher and it does do what it says but the way it was advertised is misleading then they may have a right to treat the contract at an end.

Regarding not reading terms, whilst not related to this type of issue, the CMA does talk (in their Unfair Terms guidance) about prominence and consumer behaviour noting

most consumers do not read standard written contracts thoroughly before making a purchase. This finding cannot be considered surprising, and it is not clear how it would be practical or economically efficient for consumers generally always to read all the terms of all contracts into which they enter, given the number of transactions in which they are involved and other claims on their time. 

and 

Businesses are not ignorant of how consumers are likely to behave and can be expected to rely on their knowledge.

I don't know how the App, or Groupon website, looks, so I can't pass judgement, but using the CMA's words above it could be argued that a business should know consumers don't scroll endlessly to the bottom of page so key information should be displayed more prominently. 

elsien

it’s not hidden though. Anything you buy from Groupon on the same page as the offer has a what’s included but or terms and conditions which includes cancellation et cetera.
this is a different offer, but the one the OP bought  would have been laid out in the same way. 
It’s not really Groupon’s fault that the OP chose to look at the provider website directly rather than the specific offer they were buying, 

the_lunatic_is_in_my_head

elsien said:

it’s not hidden though. Anything you buy from Groupon on the same page as the offer has a what’s included but or terms and conditions which includes cancellation et cetera.
this is a different offer, but the one the OP bought  would have been laid out in the same way. 
It’s not really Groupon’s fault that the OP chose to look at the provider website directly rather than the specific offer they were buying, 

I downloaded the App out of curiosity and from what I saw it doesn't appear hidden to me either, the top was highlights, there was reviews but not all of them, just a shortish box with a read all link, there was deal options but again pretty short so, unless OP saw differently, the placement I saw was more than reasonable IMO.