I’m having a bit of a Facebook spat with Coles and it sparked a question that I wanted to check out.
Coles have really messed up their mini-Coles promo this time round and have missed the toys from two online orders because of low stock. This really annoys me because I’ve been shopping at Woolies recently (after they gave me a 3 month free delivery pass) and I only shopped at Coles to get the min-Coles (my kids love them).
Coles customer service tell me that they will make a best endeavour to supply the mini-Coles but that they are not obliged to do so because the offer Ts & Cs say “Coles accepts no liability if Collectables and merchandise become unavailable.” I wanted to know whether this offer term has legal standing under Australian Consumer Law. What do people think?
To be honest, I’m not so bothered about a few missing plastic toys. I’d really like to understand in general what my rights are in these sort of cases. It is particularly important in relation to cashback offers. For example, I recently spent $250 with Virgin Wines because of an AmEx cashback deal (spend $150 with Virgin Wines and get $50 back). Virgin were late in dispatching and I nearly missed the cashback. what would my rights be in this case?
Of course, you’d hope that the retailer would abide by the offer anyway. Frankly I think Coles are shooting themselves in the foot by deploying their Ts & Cs. I am, however, interested to know what my right are.