Coles hasn’t breach its own T&Cs. It appears that it has stuck to them to the letter. It would be interesting to know if they have been.
Coles has complied with its own T&Cs which is the relevant point and would be considered by the ACCC should it be taken further…and whether the T&Cs are fair or reasonable.
I agree that the consumer rights environment has changed significantly in the past decade to provide more balance to the consumer.
I also agree that the ACCC are unlikely to react on an individual complaint, unless there is merit in the basis for the complaint and it is likely to be a pattern of behaviour (such as they have received multiple similar complaints or it is known behaviour that needs addressing).
As outlined above, the issue raised challenges the standard practice of retailers with respect to promotions. I expect that the ACCC would have look at such practices or well aware since it is industry widespread practice. I expect that they would be reluctant to pursue Coles as it would have industry wide ramifications in relation to promotions…many of which possibly would disappear in the future. If this the case, the ACCC would weigh up whether the potential impact on promotions is in the customer interest. It would be difficult to argue that promotions, whether one agrees with them or not, are not in the customer (and retailers) interest.
That is correct and the ACCC also indicates that any fine print must be consistent with the overall marketing materials.
Looking at some of the catalogues and video advertising for the Little Coles Shop these clearly state that their availability is while stocks last and also point to their T&Cs for more infornation.
If Coles only pointed to the T&Cs through the advertising, then one might gain an impression that they would be suppied for the whole of the promotion period. But the advertising makes it clear that they are only available while stocks last. One’s interpretation of while stocks last would mean that they will be given out with $30 shop multiples while they have then in stock.