[Resolved] Cashrewards Refuse to Acknowledge/Clarify False Advertisement

Hi,

A while ago, I click onto Aveda website from cashrewards as it was advertising a 20% + 20% cashback.

The exact wordings were

"Flash sale :Earn 20% online from 7pm to 10pm
+20.00% bonus cashback"

Few days later I found out that I only got back 20%. Upon clarification, the customer service insisted that they have never advertised the additional 20% and her final words were "As previously outlined in our last email, we have never advertised a 20.00% cashback offer with an additional cashback offer on top - this is impossible for us to do as we can only offer one cashback rate at one time."

I explained to her that the wordings in the advertisement clearly indicate a "+" hence I do believe my interpretation of the advertisement is correct.

I requested for her to confirm (with evidence) that the wordings of the advertisement is not as per what I have written but have not heard from her since 29th Nov. And if I'm in the wrong, I will apologise for my mistake.

I believe that it's only right for the business to either correct my misunderstanding or admit that it may have mislead consumers with their misleading advertisement.

The additional 20% is not a lot of money and I do have the choice of just walking away from this situation. Somehow, I just can't. I am on the verge of opening up a complaint with Consumer Affairs as I believe this is false advertising.

Some weeks ago, I noticed they have given me additional cash back and I wrote back to inform them and they were very grateful for my honesty. Now that I have not got the cash back as per their advertisement, all they do is ignore me. How quick a change that is!

I do wonder if I'm just being stubborn over $40. But hey, I'm an Ozbargainer!

Would love to hear some advice. Feel kind of powerless as a consumer.

UPDATE : Thank you all for your advice/comments. As per my original post, the intention was to get some advice. I went through the consumer affair website and realised it is not an easy task to fill out the form and filling it out does not guarantee that they will take up your case. I felt a bit defeated (even before I start the process) upon learning that they may choose not to look into your case. Reading through some of your comments below, I have learnt a few things about business T&Cs!

To TA :
Thank you to TA for assisting to sort this out. I didn't realise there is a rep (and that it's you) for Cashrewards. Rest assured that I am still a very loyal customer! I have to confess I did try shopback once. Ha!
There is something I do have to highlight. My email chain with Cashback started back in 21st Nov and it is a little disappointing that I have to continuously push for a respond. But through this forum it's all resolved in a matter of 24hrs. Of course it's a pleasant surprise for me! Since all I wanted was some advice. I was prepared to go through the consumer affairs process just so that I can have the "Yes I am correct" moment! Childish? Maybe. :)

A little suggestion. if your cust service has to deal with a customer for more than 3 times through email correspondences, maybe there should be some form of escalation process?

Above all, I appreciate your honesty here about a genuine mistake and that the business is prepared to learn from mistake.

To ALL,
Glad to see some of your concerns are being address through this post at the same time! Happy days!

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Comments

  • The exact wordings were

    Have you got a link to the advertisement?

    • +2

      Is this it?

      Aveda 20% Cashback (Was 7.7%) @ Cashrewards

      FLASH SALE! Earn 20% Cashback online from 7pm - 10pm
      + Bonus 20.00% Cashback
      Coupon: Not Required

      • +8

        Original Screenshot.

        Someone interpreted a similar deal at the time with the Amazon Cashrewards deal in the same way as OP, Image. They thought it was 16% instead of 8%. The text with the bonus did cause a bit of confusion.

        • +16

          Yeah cash rewards displayed that really poorly.

          I'd be expecting 40% after reading that.

          • +5

            @[Deactivated]: Agree. Very ambiguous description. Op should take this further for sure.

        • +1

          Here is the email from the day.

          Says:

          Tonight Only: Earn 20% Cashback from 7pm - 10pm AEDT.
          Plus 12.00% Cashback

          So I'd interpret that as 20 + 12% cashback just by the email.

          and Amazon

          Limited Time: Earn 8% Cashback at Amazon.
          Bonus 8.00% Cashback

          I think it makes sense to have whatever the non-cashback offer in the first line and then the cashback in the 2nd. When they put both then it just makes things confusing.

          • +9

            @neil: You have very good record keeping skills Neil.

  • +6

    Well if you're the one making the claim, shouldn't the burden of proof be on you?

  • +3

    This thread will be a good test to see how CR OzBargain rep responds and manages the complain. I’m waiting with anticiption, considering that competition is picking up, particularly with ShopBack trying to gain market share. Personally whilst I still prefer CR’s user interface, it will be interesting to see how CR deals with the customer experience side of things.

    • +3

      Probably dismiss it in an arrogant manner and blame the OP

      • Or probably he is still asleep? The original post came on at around 00:00

      • +2

        You were saying?

        • +1

          TA always has top notch customer service anyway.

          • @Clear: Indeed! Good stuff.

        • +1

          Turns out Drew is in the penalty box. No chance of him replying.

  • +13

    Good morning ST. I've only just been made aware of this post. Please allow me some time to find your ticket, ingest the details, and provide a formal response. Thank you.

  • +59

    Hi again ST, and thanks for your patience. Please let me say from the outset that we never knowingly advertise a cashback rate on top of another cashback rate. I can clearly see what's happened here and can categorically tell you it was a combination of user & system error. Please let me explain.

    All our Featured Offer tiles (FOs) are made up of four components. (1) the merchant name, (2) the offer, (3) the cashback rate, and (4) the expiry date. See example here.

    What appears to have occurred in the instance of the Aveda promo is that the the team incorrectly and inadvertently (as it turns out) called out the cashback rate in (2), therefore doubling up with (3) and making it appear we were offering a rate of 20% + 20%, which was never our intention. Our newsletters too are hard coded with 'plus' or 'bonus' cashback at the bottom of each offer, so any cashback callout in the messaging may be misinterpreted too.

    From the inside looking out, I know there was no malice on our behalf. It was simply human error. As you can appreciate, we wouldn't be in business long if we deliberately attempted to misguide our members with contradictory messaging. Having said that, the point you make is valid. As a member, I'd likely feel the same way. I've therefore decided to credit the additional 20% cashback out of pocket and have approved it immediately into your account.

    We'll wear this cost as a lesson learnt and hopefully there won't be a repeat going forward. We take all feedback on board - good or bad - to help make us better than we are. You're a valuable member to Cashrewards, and we sincerely hope you stick with us for the long haul.

    Have a fabulous day, and a very Merry Christmas. TA.

    • +3

      This is what you call good customer service!

    • +4

      A great response from TA/CR. From my experience, I've got to say that the customer service offered by these guys is very good.

    • +5

      Excellent reply.
      Do you know the stats and other users of the platform who were affected by this advertising; will they get a refund too?
      Or will this be a case by case basis on who reports to CR?

    • +5

      This could open up a floodgate. If you admitted to misleading consumers, shouldn't you also credit all the other consumers then? Or at least a PSA so those that were affected can apply.

      • +8

        The floodgate of unethical OzBargainers who take advantage of everything.

        • +4

          Hi, I just got a keyword notification to this thread. What's up?

          • @Scrooge McDuck: How's the Nintendo Switch? :P

            • @Clear: I woke up with the box tucked into bed beside me and flipped out. I'm never drinking again! (And I mean it this time!!)

              Brawlhalla and the Arms and Katamari demos are pretty fun. I played Fortnite for the first time the other day. I found a rocket launcher in a cave, stalked a guy I heard firing in the distance and one shotted him. I then got mown down while standing around trying to work out the controls and logged out. How do I change my character? I'm currently a black chick, not that there's anything wrong with that (but I want to be an Asian schoolgirl).

              I need a competition for an actual game. Preferably Super Smash Bros or Pokémon Let's Go.

      • +1

        you make it sound like it was out of the goodness of your heart.

        No that's how you're trying to spin it. TA has already admitted fault and has honoured what was incorrectly displayed.

        • +1

          TA has already admitted fault and has honoured what was incorrectly displayed.

          The law would disagree with you, its CR spinning the issue not me!

          https://www.accc.gov.au/consumers/misleading-claims-advertis…

          It’s against the law for retailers and manufacturers to mislead or deceive you by offering cash back deals without intending to or failing to provide them

          This promo clearly says 20% + 20%, even if it was an error.

          https://files.ozbargain.com.au/n/99/416599x.jpg

          • +3

            @JimmyF: TA didn't even try and use the terms posted further below to wiggle his way out of the issue.

            Instead CR admitted fault, CR honoured their mistake and CR did not intentionally deceive anyone.

            Issue is resolved have a nice day 😊

            • +3

              @Clear:

              Instead CR admitted fault, CR honoured their mistake and CR did not intentionally deceive anyone.

              Other than the OP who tried to resolve the issue with CR directly before coming to a public forum to complain about the issue. Sure overlook that if you like.

              I mean

              Upon clarification, the customer service insisted that they have never advertised the additional 20%

              So they didn't honor their mistake first up like you said, only after some public shaming and then TA jumps in and tosses $40 at the OP to make them look like a hero. Why didn't they do this in the first place?

              But sure whatever helps you sleep at night.

    • +1

      Hey TA, you've got similar issues on other listings too. Like Sony - says "Bonus 2.00% Cashback" immediately above "Standard Cashback 2.00%", this can reasonably be read as getting 4% cashback. Maybe you should check all listings for similar confusing wording.

      • Hey adam, this has now been fixed :)

    • -2

      This right here… this is why i wont touch ShopBack
      You would not get this kind of reply/support from them.

      • You would not get this kind of reply/support from them.

        But would they make this kind of mistake in the first place?

        • +1

          They have made countless mistakes…. the amount of posts of people not getting paid (and not being able to be paid when chasing it up)
          they have gotten paid for the clicks.. but the end user gets screwed.

          • +1

            @jimbobaus:

            they have gotten paid for the clicks.. but the end user gets screwed.

            Think that goes both ways. I've had so many CR not tracked as well, I've given up counting on it working.

            Not worth the hassle for a few cents. CR normally declines it anyhow, then you need to point out the Cashback Guarantee, but even that is getting wound back to 3 claims a month, 10 claims a year.

    • What appears to have occurred in the instance of the Aveda promo is that the the team incorrectly and inadvertently (as it turns out) called out the cashback rate in (2), therefore doubling up with (3) and making it appear we were offering a rate of 20% + 20%, which was never our intention.

      Will there be any roles vacant soon?

      Asking for a friend.

  • +7

    And that's why businesses have Terms and Conditions

    1.6 Content of the Website
    Whilst we make every effort to ensure information or content published on the Website by us is accurate and complete, to the maximum extent permitted by law we make no guarantee that it is, and cannot be held responsible for any errors or omissions (beyond our reasonable control) in any such information or content.

    5.3.1 Cashback reward amounts incorrectly shown on web site
    To the maximum extent permitted by law we do not guarantee the accuracy of rewards advertised as a cashback offer on the Website and the value of each cashback offer may be affected by: merchants increasing or decreasing the commission paid to us; human error; or any bugs or glitches on the Website. Merchants may also withdraw from the Service with or without notice to us, in which case the cashback reward offers may not be available.

    Well done to TA for resolving the matter rather than stating the terms as I have done above.

    • +2

      Not sure T&C's will get you out of ACL contraventions.

      • +5

        Not honouring a price error is allowed within ACL.

        • Sorry I should have clarified - misleading provisions of the ACL (outside a genuine pricing mistake).

          I don't see this as a price error, it's how they have written it eg. "Tonight Only: Earn 20% Cashback from 7pm - 10pm AEDT. Plus 12.00% Cashback"

          However, I'm not looking at whether it was actually misleading or deceptive conduct, just stating that T&Cs won't necessarily get you out of that.

  • Not quite the same but I have a problem with Firefox Notifier popping up for Zavvi.com not Zavvi.com.au and Cashrewards stating on their website that the cashback is for the AU site.

    I've raised it with them as confusing, and their response was that the Notifier works fine for them. The only way I can get the cashback to work is starting from Cashrewards website to Zavvi AU.

    And to add to the confusion I noticed after making the purchase that when I look at my rewards list the amount spent is in Pounds sterling and the cashback is AU$, though it was done on Zavvi AU's site and paid for in AU$.

    • +2

      Hi GaryG. I've just made a minor adjustment that should now have your FF Notifier working fine with zavvi.com.au and should no longer pop up for zavvi.com. Please give it a go and let me know. As for the rewards reporting in Pounds Sterling, there's not much I can do about that unfortunately as sales are reported to us in this currency. Hopefully the conversions work as expected and you're receiving the correct amount of cashback. Thank you.

      • +1

        Hi TA

        Thanks for that. Working perfectly. I really couldn't believe it was only happening to me.

        And I appreciate there are limits to your powers. ;)

        Thanks

  • just received an email from CR with this title

    Double Cashback and up starts now at over 50 stores! 🎅

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