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  • FIRST POST
    • MiniDriver
    • By MiniDriver 9th Mar 18, 7:52 AM
    • 4Posts
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    MiniDriver
    Cashback offers your rights
    • #1
    • 9th Mar 18, 7:52 AM
    Cashback offers your rights 9th Mar 18 at 7:52 AM
    Can anyone help confirm your rights around cashback offers?

    My scenario is:

    I purchased a camera lens in-store from a UK shop; The store was clearly advertising the lens qualified for cashback from the manufacturer; the sales assistant highlighted this to me and showed me the offer details on the shops UK based website. However, when I applied for the cashback the manufacturer had closed the offer the week before my purchase. From what I can see the manufacturer always only had this offer on for a set date range. I have contacted the shop who "have been looking into this" for 6 weeks. I noticed that after a month they removed the offer from their website.

    After a few internet searches I have not found anything that seem to confirm my rights over these types of offer.
Page 1
    • eddddy
    • By eddddy 9th Mar 18, 9:39 AM
    • 6,317 Posts
    • 6,176 Thanks
    eddddy
    • #2
    • 9th Mar 18, 9:39 AM
    • #2
    • 9th Mar 18, 9:39 AM
    The shop told you before you purchased that you would get cashback, therefore the cashback becomes part of the contract.

    So the terms of the contract have not been fulfilled, so you can claim damages from the shop.

    The damages that you claim from from the shop would be whatever cashback the shop said you would receive.

    i.e. The shop should pay you the cashback.
    • agrinnall
    • By agrinnall 9th Mar 18, 9:42 AM
    • 20,134 Posts
    • 15,845 Thanks
    agrinnall
    • #3
    • 9th Mar 18, 9:42 AM
    • #3
    • 9th Mar 18, 9:42 AM
    If the cashback is a significant amount compared to the cost of the lens I think the most likely outcome is that the shop will offer yoou a full refund, putting you back into the position you were in before the purchase.

    You could complain to the ASA but I'm doubtful if they have any ability to enforce payment of the cashback.
    • esuhl
    • By esuhl 9th Mar 18, 1:11 PM
    • 8,150 Posts
    • 5,900 Thanks
    esuhl
    • #4
    • 9th Mar 18, 1:11 PM
    • #4
    • 9th Mar 18, 1:11 PM
    If the cashback is a significant amount compared to the cost of the lens I think the most likely outcome is that the shop will offer yoou a full refund, putting you back into the position you were in before the purchase.
    Originally posted by agrinnall
    That doesn't get the shop off the hook for breaching the sales contract, though.

    If the shop refund in full, the OP should sue them for the difference in price of the lens with the next-cheapest retailer due to "loss of bargain".

    So if the lens was advertised as 80 after cashback, they refund you, and the next cheapest shop is selling them for 100, you should sue the original retailer for the "loss of bargain" amounting to the 20 extra you've had to pay to get the lens after they broke the sales contract.
    • Mr_Singleton
    • By Mr_Singleton 9th Mar 18, 1:31 PM
    • 824 Posts
    • 1,654 Thanks
    Mr_Singleton
    • #5
    • 9th Mar 18, 1:31 PM
    • #5
    • 9th Mar 18, 1:31 PM
    It's not a Fuji lens by any chance?

    Had an issue with a certain camera shop last year who claimed double cashback was on offer but expired on Sunday..... it was Saturday.

    Fuji shrugged and sai 'errrr no!' and salesman denied saying it a week later. Not particularly an issue as I was going to buy the lens anyway but the principle really hacked me off. Never bought anything from them since but always let them know of all the sales they've lost because of it.... Fuji XF 55-140 2.8 plus the motor grip which is far in in excess of any perceived extra profit..
    • Mr_Singleton
    • By Mr_Singleton 9th Mar 18, 1:36 PM
    • 824 Posts
    • 1,654 Thanks
    Mr_Singleton
    • #6
    • 9th Mar 18, 1:36 PM
    • #6
    • 9th Mar 18, 1:36 PM
    So the terms of the contract have not been fulfilled, so you can claim damages from the shop.
    Originally posted by eddddy
    He said, she said...... good luck with that!
    • agrinnall
    • By agrinnall 9th Mar 18, 6:19 PM
    • 20,134 Posts
    • 15,845 Thanks
    agrinnall
    • #7
    • 9th Mar 18, 6:19 PM
    • #7
    • 9th Mar 18, 6:19 PM
    That doesn't get the shop off the hook for breaching the sales contract, though.
    Originally posted by esuhl
    I agree, but is the OP prepared to go to court and argue their case to enforce the contract?
    • esuhl
    • By esuhl 9th Mar 18, 8:44 PM
    • 8,150 Posts
    • 5,900 Thanks
    esuhl
    • #8
    • 9th Mar 18, 8:44 PM
    • #8
    • 9th Mar 18, 8:44 PM
    He said, she said...... good luck with that!
    Originally posted by Mr_Singleton
    Yeah... the OP would ideally have some kind of documentary proof of the offer being advertised. What's the shop's website? There may be copies of the old webpage advertising the expired offer in Google's cache. Or, do you have any photos, screenshots or printouts that would prove the offer was being advertised when you purchased?

    Since you bought from a shop, it sometimes helps to wait until the shop is busy and someone is about to buy a very expensive item. Then loudly complain about how they are refusing to pay your cashback, and demand to speak to a manager. It freaks the sales-people out. They don't want to lose sales, so they're much more amenable to conforming to their legal obligations.

    You just need to stay calm and polite, make sure you're being reasonable, be certain you know what you're talking about, and insist that they're not honouring the deal.

    I used a similar trick when buying electronics items that were completely dead, took them back to the shop the next day and was first told "no refunds" and then that I must have broken them.

    I returned when the shop was busy, stood in front of the only till (so no one else could be served) and insisted on a refund again. I said they were breaking the law, selling broken goods, and not refunding me. A few customers sympathised with me. Some got bored of waiting behind me and left. In a few minutes I had a full refund in cash.
    • MiniDriver
    • By MiniDriver 11th Mar 18, 9:16 AM
    • 4 Posts
    • 0 Thanks
    MiniDriver
    • #9
    • 11th Mar 18, 9:16 AM
    • #9
    • 11th Mar 18, 9:16 AM
    Many thanks for all the comments and suggestions.

    Yes the shop was advertising the deal on their website for a good 6 weeks after the deal was closed by the manufacturer. I have screen prints of the deal which also clearly show the date the screen print was taken.

    This was for a Canon Lens.

    As I said thank for the help - I will take up some of the suggestions and pursue them!
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