Is It Legit to Change Terms and Conditions during Promotion?

tooblue on 29/09/2014 - 22:20
Last edited 29/09/2014 - 22:40

I am referring to this Purchase 2 Continental Tyres Get Access to ContiRewards including Free Pizzas offer.

The free pizza seemed to be the best option and many participated the promotion including myself. The free pizza option was in the original Ts and Cs. However in no time Continental pulled the free pizza off and replaced it with 20% off dinning. The Ts and Cs on the website was subsequently updated. When I contacted Continental, they replied with one clause in the Ts and Cs:
7 . TLC reserves the right to withdraw, change or substitute the offers with another offer of equal or greater value.

My question: Is such clauss legit at all?

It is like when buying a car, the dealer promises everything: free service, free fuel, free insurance, etc. But the moment you paid the money the dealer says all the promotion items are no longer available. I am not law savvy but in commen sense, if a customer is drawn to the purchase based on a promotional item, he is entitled to it. Worst case scenario, business should honour the original offer to the purchases before the change of the terms and condition.

Is there a case if taken to ACCC or office of fair trading?

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Comments

  • SirFlibbled on 29/09/2014 - 23:07

    At a guess with zero legal research (because I'm lazy) I'd say it likely is, but just talking off the top of my head here without much in depth though. A promotion is an offer at large. That is, it's an offer to the world. Until the offer is accepted, ie you purchase two tyres and get access to ContiRewards. Before you accept the offer, they can change the offer at any time.

    After you accept the offer, then that can make a difference. The offer is access to Contirewards, not free pizza. Free pizza was just something Contirewards offer. But when you are given access to contirewards, you would also need to agree to their T&C. It is reasonable that they may need to change their offers from time to time for what ever reason and they have that in their agreement.

    Basically, unless they guaranteed you free pizza and that promise induced you into buying the tyres to get the Contirewards access, I don't think you'd have much luck.

  • Ughhh on 30/09/2014 - 00:17

    But does your new car contract say something like (below) though?

    7 . TLC reserves the right to withdraw, change or substitute the offers with another offer of equal or greater value.

    • SirFlibbled on 30/09/2014 - 08:33

      A new car is a product not an ongoing service. Ongoing services need to change what they offer from time to time. Imagine suing Netflix for breach of contract because a movie they had when you signed up is no longer available.

  • ilostnemo on 30/09/2014 - 09:07

    ??????????

    Mine still comes up free pizza.

    Sauce. App 5 seconds ago.

    • Marble250 on 30/09/2014 - 10:07

      "Sauce"….??? was that supposed to be a pun or is it just that you can't spell?

  • nexus4 on 30/09/2014 - 10:43

    From the Australian Consumer Law:

    23 Unfair terms of consumer contracts
    (1) A term of a consumer contract is void if:
    (a) the term is unfair; and
    (b) the contract is a standard form contract.

    24 Meaning of unfair
    (1) A term of a consumer contract is unfair if:
    (a) it would cause a significant imbalance in the parties' rights and obligations arising under the contract; and
    (b) it is not reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term; and
    (c) it would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on.

    25 Examples of unfair terms
    (d) a term that permits, or has the effect of permitting, one party (but not another party) to vary the terms of the contract;

    Make of that what you will. If I were you I'd tell them that they're in breach of s 23 of the ACL and that you want to hold them to the original conditions. For the full legislation see: http://www.austlii.edu.au/au/legis/cth/consol_act/caca201026…

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