Cashback offers your rights

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MiniDriver
MiniDriver Posts: 4 Newbie
in Consumer rights
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.

Comments

  • eddddy
    eddddy Posts: 16,443 Forumite
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    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
    agrinnall Posts: 23,344 Forumite
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    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
    esuhl Posts: 9,409 Forumite
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    agrinnall wrote: »
    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.

    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
    Mr_Singleton Posts: 1,891 Forumite
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    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
    Mr_Singleton Posts: 1,891 Forumite
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    eddddy wrote: »
    So the terms of the contract have not been fulfilled, so you can claim damages from the shop.

    He said, she said...... good luck with that!
  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    esuhl wrote: »
    That doesn't get the shop off the hook for breaching the sales contract, though.

    I agree, but is the OP prepared to go to court and argue their case to enforce the contract?
  • esuhl
    esuhl Posts: 9,409 Forumite
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    Mr_Singleton wrote: »
    He said, she said...... good luck with that!

    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
    MiniDriver Posts: 4 Newbie
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    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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