Calling all bush lawyers - Fraudulently obtaining goods, do I have a case?

[Ragingrob]

Interested to hear what you have to say, my story:

Recently I received a "coupon code" to reduce an online item by $50. I went online and entered the code, I decided to enter it again and voila it reduced the price by a further $50, I discovered I could do this until the price was solely the shipping cost. No where at all did I come across any terms and conditions stating the use of coupons being limited to any number whatsoever. Each time I entered the code, the invoice appeared with separate voucher numbers, as if I had multiple $50 off vouchers which could have been possible.

The goods arrived to me at a grand total of $10, signed and checked off personally by employees of the company. Woohoo!

Today I received a rude email simply stating:

Return of goods fraudulently obtained.‏

Robert

I have had a Courier pack sent to your address – return the three watches you were sent in the bag provided.

An call or email me to confirm this will be actioned.



If I do not hear from you I will be following the matter up with the appropriate authorities.

Nowhere did it say that the coupon had a limited use. I reckon the company purely stuffed up its website design and I happened upon it.

I have replied stating my disconcern for his rather rude email offereing me no explanation at all, along with my opinion of not having acting fraudulently.

What ya reckon??

[MSTRS:Me]

It might not be ethical or in the spirit of the coupon offer, but I'd say the 'law' wouldn't really be interested.
A fair person would send the company the correct amount, less a single use of the voucher, for the purchase.

[EJK]

Today I received a rude email simply stating:......

So you are not the rude one?

[onearmedbandit]

So it states absolutely nowhere on any advertising, the coupon itself or their website a limit on how many times you can use the coupon? How about the wording of the coupon etc? For example, 'qualify for $50 off when using this voucher.'

[Jdogg]

what did your email say? but anyway it looks like a badly set-up website so really they should take the hit

[MisterD]

Send them an invoice for security checking their processes to the same value

[cowboyz]

and then when a website doesnt do something or does something so that.. lets say, a motorbike, for instance.. gets less hits than you think it should get, maybe sells for .. lets say a grand or so less than what you want for it its not .. tough luck.. its all about the priniciple?

[davereid]

I would have returned the extra money or unwanted product if asked nicely. But after a shitty email, I'd possibly review my nice idea, and offer to sell em the watches. Maybe you could offer to sell em the watches back...

[Katman]

Psst, wanna buy a watch?

[Squiggles]

and then when a website doesnt do something or does something so that.. lets say, a motorbike, for instance.. gets less hits than you think it should get, maybe sells for .. lets say a grand or so less than what you want for it its not .. tough luck.. its all about the priniciple?

lololol

[CookMySock]

LOL thats funny. If it's in NZ yes I'd say you have to send it back.

http://en.wikipedia.org/wiki/E%26OE

Steve

[GOONR]

What's the url and the coupon number?

[Mully]

Legally - I dunno.

Morally, yep you probably should give them back or pay the difference.

[Tank]

fraudulently obtained.‏

In order for something to be obtained fraudulently there need to some form of fraud. If there was no Terms and conditions on the coupon, and the system was setup to allow its use - then there is no fraud.

So they could try and call the police - but Im sure that they wont be interested and will say its between the 2 parties. I dont think there is any criminal action you have taken.

Morally - they have a point, but its their fuck up - I would suggest that they could be a little more polite in their communications.

I think the thing probably pissed them off is that you got 3 watches, one you might have got away with - but you may have pushed the envelope a little too much.

Your call - but Im guessing you know the right thing to do is to return them (Despite their email being rude and unhelpful).

[Ragingrob]

So you are not the rude one?

I was not rude in any way or form towards them, ya gotta take your opportunities when they arise right?

So it states absolutely nowhere on any advertising, the coupon itself or their website a limit on how many times you can use the coupon? How about the wording of the coupon etc? For example, 'qualify for $50 off when using this voucher.'

Nope, not at all... The coupon just says the $50 off and that's that.

what did your email say? but anyway it looks like a badly set-up website so really they should take the hit

I replied:

Hi Neil

This is a rather rude email to receive, with no explanation whatsoever. Why must I return the goods purchased? I have done nothing wrong.

Kind regards

Robert

and then when a website doesnt do something or does something so that.. lets say, a motorbike, for instance.. gets less hits than you think it should get, maybe sells for .. lets say a grand or so less than what you want for it its not .. tough luck.. its all about the priniciple?

Yeah exactly, I got $700 more when the website gave me the services I actually requested... A rather decent amount I believe.

I would have returned the extra money or unwanted product if asked nicely. But after a shitty email, I'd possibly review my nice idea, and offer to sell em the watches. Maybe you could offer to sell em the watches back...

Psst, wanna buy a watch?

Nice! Yep Torpedo7.co.nz, the ironman watch, coupon code is Tough2010, go for it

Legally - I dunno.

Morally, yep you probably should give them back or pay the difference.

In order for something to be obtained fraudulently there need to some form of fraud. If there was no Terms and conditions on the coupon, and the system was setup to allow its use - then there is no fraud.

So they could try and call the police - but Im sure that they wont be interested and will say its between the 2 parties. I dont think there is any criminal action you have taken.

Morally - they have a point, but its their fuck up - I would suggest that they could be a little more polite in their communications.

I think the thing probably pissed them off is that you got 3 watches, one you might have got away with - but you may have pushed the envelope a little too much.

Your call - but Im guessing you know the right thing to do is to return them (Despite their email being rude and unhelpful).

Yup I know that they fucked up and I took a chance going for it, my mate's got a couple and hasn't been hit up about it so oh well. I seriously could not believe the tone of the email. I'm awaiting his reply tomorrow, and he's kindly sent along his mobile number... So if his email is in the same tone I'll be ringing him and having a chat... I'm sure I am not in the wrong legally so I wanna ask him why he performs his service failure recoveries so badly, especially as the academic theory implies that service recoveries are the closest point of contact for consumer satisfaction.