I'm taking on Woolworths

pwildnz on 21/04/2021 - 22:24
Last edited 22/04/2021 - 18:21

Recently I purchased two transactions At BWS via shopback as they were having a big cash back promotion

What I did not realise is when you pay with the Woolworths gift card you are unable to claim cashback.

My argument has two sides.

  1. you can only view the terms and conditions of shop back , at least when you are using the app on your phone if you click the red cashback info at the bottom ..

  2. No reasonable consumer would expect that a store gift card would cause trouble

  3. When selling the physical or non physical gift card Woolworths group has stated the card is valid as cash at BWS how but through this policy that shop back has said has been employed by BWS I am being significantly disadvantaged and it goes against with terms and conditions of the gift card

Long story short Woolworths has given me a $30 gift card , shop back has given me a $10 gift card

I have a meeting with the ACCC on Tuesday and I am going to fight this - ok I admit i dont ACTUALLY have a meeting with them in person, The person I need to speak with should be available on Tuesday

I am still out by $15 and my time and quite frankly I wouldn't care if I was out by 50 cent the principle is wrong and I believe it is illegal

Food & Grocery

Related Stores

Woolworths
Woolworths

Comments

  • currentfad on 21/04/2021 - 22:28
    +86

    Very cool

      • Kangal on 22/04/2021 - 09:24
        +20

        Okay, here's the nuance:
        - shopback is used as marketing, it is to grow market share at the expense of profit margin.
        - what this means is that they want NEW customers.
        - think of the sweet Telstra deals available only to new members. Not applicable to old members, unless, old members sneak around the system (1-day prepaid signups, new Phone #, etc etc)
        - having possessed a gift card means they already have your money, so you aren't a new customer.
        - on top of that they don't do refunds or cashout on gift cards. So a gift card isn't the same as cash. There's other limitations too.
        - lastly, they may have sold the gift card to a vendor at a discount. This means you MIGHT have gotten a discount. And their T&C forbid "stacking" vouchers and discounts.

        I'm not on Colesworths side. I don't think you're going to win. I do think you are in the right. I think the only way around this is for them to treat Giftcards different to Cash. For instance, gift cards are priced permanently -5% off, but can't use discounts if you pay by cards. That crudely evens the field on the whole.

        • diddy50 on 22/04/2021 - 09:42
          +9

          Just a side note, a gift card is not treated as revenue or potential profit until it has been used. For accounting purposes.

          • bobbified on 22/04/2021 - 12:00
            +3

            @diddy50:

            For accounting purposes.

            From a customer acquisition point of view, a gift-card purchaser/holder is already a customer.

        • GnarlyKnuckles on 23/04/2021 - 02:46
          +3

          OP, despite what you may have 'read into' some terms and conditions you have perused, I agree with Kanga's point above that:

          '… a gift card isn't the same as cash.'

          I believe that this misunderstanding is at the heart of your problem. For example, for about a decade the 'more dedicated' (or perhaps, 'more petty/fixated/etc.') of us OzBers have been getting Woolies (etc.) gift cards for 5% less than their actual monetary value. If those giftcards were treated exactly the same as cash, they could be exchanged (via a nominal purchase and a 'change-of-mind' if required) for the full 5% greater amount of cash, infinitum. This would result in a farcical situation whereby 'shrewd punters' where constantly buying giftcards for 95% of their face value, then redeeming them for cash amounting to 100% of their face value.

      • capslock janitor on 22/04/2021 - 10:54
        +1

        u have my support for principle - keep me posted

      • darkmoss on 23/04/2021 - 17:34

        I'm taking on your daddy

  • moo on 21/04/2021 - 22:28
    +49

    Cool story. Please keep us all posted on the outcome of your ACCC meeting.

      • robbyjones on 21/04/2021 - 22:33
        +32

        But…..you're not shopping in New Zealand.

      • CocaKoala on 22/04/2021 - 11:21
        +5

        This would never stand in New Zealand

        I don't think any legal body in New Zealand is going to be interested in your stories from Australia.

      • cloudy on 22/04/2021 - 12:24
        +5

        How did you bring New Zealand into this?.?

        It’s like me saying you would be jailed and lashed in China for Irrationality & breaching national security laws.

        Meaninglesss

      • Resin on 22/04/2021 - 21:14
        +1

        I'm sure if you went back to NZ you would be far better off with the lack of job opportunities and poorer pay packet. It's a fair trade-off for this great injustice you have suffered at the hands of big bad Countdown

      • R4 on 24/04/2021 - 17:02

        If you like the way they do things in New Zealand, move to New Zealand.

        Isn't it strange that so many of their people move here, but not the other way round?

      • [Deactivated] on 11/06/2021 - 13:44

        Yes it would. The Commerce Commission did sweet stuff all about people who bought Whitcoulls gift cards being told that when Whitcoulls was bought out after it went bust that they'd only let you redeem them for 50% of face value.

        And besides, whether ShopBack gives you money for purchases from BWS with Woolworths gift cards is nothing to do with Woolworths - their business relationship is with ShopBack through their affiliate program, your relationship for cashback purchases is with ShopBack not Woolworths. ShopBack rather explicitly says "Purchases paid with gift cards / Woolworths Dollars are not eligible for cashback".

        Ergo, you haven't got a leg to stand on, and the ACCC will tell you to get lost.

    • SF3 on 21/04/2021 - 22:34
      +21

      Yep, don't talk big and then ghost us ok, OP?

  • avoidfullprice on 21/04/2021 - 22:30
    +42

    I got caught out once on a BWS big cashback from Cashrewards when I auto pilot paid with GC. The terms and condition was clear. I was at fault for not reading.

    You got $40. Your case sounds entitled to me.

  • pwildnz on 21/04/2021 - 22:31
    -4

    You got caught out where and paying with what

  • AustriaBargain on 21/04/2021 - 22:33
    +5

    It's gift card, not gift cash. Or is it called gift cash now?

    • pwildnz on 21/04/2021 - 22:37
      -5

      always a gift card but their website implies it's like cash

      • AustriaBargain on 21/04/2021 - 23:20
        +4

        Can you get cashback on gift cards? If so then you'd be double dipping on the cashback when you buy the gift cards. And if you got the gift cards another way, then bully to you.

      • Nalar on 22/04/2021 - 00:23
        +7

        "is like" cash or "treat like" cash as in dont lose the card it wont be replaced.

      • Piranha2004 on 22/04/2021 - 09:16
        +14

        No it doesnt. You dont get a refund in cash nor is it transferable. Stop wasting the ACCCs time with this BS just because you cant read T&Cs.

  • Lysander on 21/04/2021 - 22:38
    +27

    I think you are taking on the wrong company. Shopback is the one making the terms and conditions for the cashback. They are the ones you should be taking on.
    Woollies cannot possibly provide for all conditions and situations Shopback and Cashrewards can come up with in their own T&Cs.

      • avoidfullprice on 21/04/2021 - 23:07
        +8

        Woolworths is not allowing consumers to use their own store credit as store credit

        Did you actually receive the product you paid for?

      • avoidfullprice on 21/04/2021 - 23:27
        +30

        It is not a term or condition implied by shopback .

        https://www.shopback.com.au/bws

        DON'Ts
        Gift card purchases unless otherwise stated. Purchases paid with gift cards / Woolworths Dollars are not eligible for cashback

        It is not just in the app.

        • HeWhoKnows on 22/04/2021 - 08:53
          +11

          Shows that OP is yet another time waster

      • Lysander on 22/04/2021 - 10:04
        +24

        Your contract re cashback is with Shopback, not Woolworth. So you cannot sue Woollies undee contract law. Shopback can (but won't) but you cannot. It is called privity of contracts and taught in the first few weeks of contract law.
        Leaves tort law. First you must establish a duty of care which in this case is pretty hard, especially since you got your item.
        Consumer law would also be difficult to apply as essentially you are under Shopback's terms and conditions as they are the one you have a contract with re the cash back, not the item (there your contract is with Woolies).
        I am all up for sticking it to the big corps but this is one the rare cases where you are wrong and Woollies has not done anything bad at all and is not at fault.

        Source: professional experience and ten years of legal training

        • seedyrom on 23/04/2021 - 09:37

          The first few classes of contract law deal specifically with not smiling and rubbing hands together when a new client says “it’s not the amount, but the principle”.

          • Tvsupaguru on 23/04/2021 - 13:38

            @seedyrom: Even Dennis Denuto would try and make his clients understand that being about "the principle" wouldnt stand up

  • onetwothreefour on 21/04/2021 - 22:41
    +13

    Assume you found this deal via ozbargain?

    DON'Ts
    Wholesalers
    Gift card purchases unless otherwise stated.
    Purchases paid with gift cards / Woolworth Dollars are not eligible for cashback

    Your fault for not reading the T&Cs

    • pwildnz on 21/04/2021 - 22:42
      -5

      Nope I found it in shopbacks app .

      • onetwothreefour on 21/04/2021 - 22:44
        +30

        Your fault for not reading the T&Cs

  • bobbified on 21/04/2021 - 22:41
    +26

    Long story short Woolworths has given me a $30 gift card

    Woolies most likely gave you this as goodwill to try get you off their back - not because they've done anything wrong.

      • bobbified on 21/04/2021 - 22:45
        +9

        Woolies has no agreement to give you back anything. That's between you and Shopback. So don't mistaken Woolies' gesture as weakness.

        • pwildnz on 21/04/2021 - 23:09

          I believe you are missing the point… I have Woolworths credit and Woolworths is denying me the full benefits of using it

          • bobbified on 21/04/2021 - 23:12
            +1

            @pwildnz:

            I have Woolworths credit

            Credit or Giftcard?

            Woolworths is denying me the full benefits of using it

            Exactly what "benefits" are Woolies denying you?

          • avoidfullprice on 21/04/2021 - 23:14
            +10

            @pwildnz: Woolworths not giving commission to cash back website if transaction was paid with a gift card, and subsequently not passing on the commission back to you, is very different from you not getting "full benefits" out of a gift card.

      • smartazz104 on 22/04/2021 - 11:07

        You wouldn't be able to burn Woolies down if you nuked the city.

    • jetblack on 22/04/2021 - 08:02
      +3

      I was thinking the same thing. It's a mercy 'you're wrong, but I don't have the time for this. Please just (profanity) off.'

      Dude sounds like an entitled 14 year old

  • JordanM on 21/04/2021 - 23:09
    +5

    Yeah you are not entitled to anything, be grateful for what you have been given so far.

    • Kangal on 22/04/2021 - 09:30
      +2

      I didn't read the whole thread and replies before I commented. Looks like the OP is very entitled. Like first-world problems ruining her day. She wouldn't last a day in the third-world.

      • 88mph on 23/04/2021 - 03:13

        Second that

  • garetz on 21/04/2021 - 23:12

    What I did not realise is when you pay with the Woolworths gift card you are unable to claim cashback

    So if you did realise it, it would no longer be illegal ? You may technically be in the right as you were not aware, however for $15 you might want to let it go.

      • garetz on 21/04/2021 - 23:18
        +4

        I think you should think long and hard on this, even if you take them to court, and they pay court costs with the amount of money you are going after, it could be considered frivolous by the judge, and that judge may make you pay woolies court costs , the judges time, the court time spent just to make an example of you.

        You really should get legal representation before considering this.

        • pwildnz on 21/04/2021 - 23:20

          If I win they will pay

          • garetz on 21/04/2021 - 23:22

            @pwildnz: Well good luck.

          • bweiss on 22/04/2021 - 08:42
            +10

            @pwildnz: And if they win, YOU will pay… and lawyers typically don't take gift cards, or offer shopback..
            They also won't just accept $15… although I am looking forward to your future post when you complain about a charge on a lawyers invoice for $95 for an 0.1hr timeslot of 'Responding to claimants query in regards to accepting gift cards despite accepted payment terms being clearly stated within our Terms and Conditions of service as provided to the court under submission AH85384002.01'

      • avoidfullprice on 21/04/2021 - 23:21
        +1

        You sound just like Trump, especially when he said Covid will magically gone by Easter 2020.

        Good luck, hater.

      • HeWhoKnows on 22/04/2021 - 08:57

        And if you loose you will be up for your costs, court costs and Woolworths legal costs
        Will cost you 10s of 000s (LOL LOL LOL LOL LOL)

        I hope you lose and learn your lesson since you won't listen to the wisdom of the Ozbargain community

        • Lysander on 22/04/2021 - 09:56
          +1

          While I think the OP is dead wrong (and I work in the law) he won't be up for costs provided it is filed before an Administrative tribunal or as a minor civil claim in Tasmania. No lawyers allowed (unless explicit permission is obtained) and no costs are awarded unless the claim is vexatious and that is a pretty high threshold.

      • burningrage on 22/04/2021 - 18:09
        +1

        We shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender…

  • whitelie on 21/04/2021 - 23:27
    +10

    lol
    You didn't read the fine print which is not hard to access in any way, shape or form and you're crying over $15?

    No illegal practice has taken place here. Shopback clearly state "Certain partner stores on ShopBack may have prohibitions on certain payment methods available. Please read through the terms and conditions of the store before making a purchase to be sure."
    You did not do your due diligence prior to purchasing. This is on you OP, be grateful for getting $40 back.

    You should now be doing said due diligence in understanding the costs involved to yourself in taking this further as they have done nothing wrong.

    • HeWhoKnows on 22/04/2021 - 08:59
      +2

      Let OP take it to court and suffer the consequences.
      OP needs a good kick up the a###se.

  • nedski on 21/04/2021 - 23:28
    +15

    ACCC doesn't have meetings with the public, you are making a walk-in complaint.

    • MagicMushroom on 21/04/2021 - 23:45
      +21

      One week later: I'm taking on ACCC!

    • [Deactivated] on 22/04/2021 - 07:58
      +2

      Which is funny, as it can be done online or via phone.
      More time and money the OP is wasting.

    • gimme on 22/04/2021 - 10:26

      Or it may be the ACCCCC

      • cuteseal on 22/04/2021 - 11:01
        +1

        OR the ACC…

        • Slo20 on 22/04/2021 - 20:26

          Maybe he needs AA so he stops spending all his money at BWS.

  • spackbace on 21/04/2021 - 23:44
    +24

    Just commenting to be part of (ozbargain) history 😂

    Man what's in the water lately?! Essay guy who couldn't get laid, mark's markdowns who seemed to think he was a God, and now someone who doesn't read terms and conditions getting all "the castle" on us

    I mean, it's entertaining, but holy hell

    • bobbified on 21/04/2021 - 23:47

      Man what's in the water lately?!

      It must be the lasting effects of covid…

      • avoidfullprice on 22/04/2021 - 00:48
        +2

        Or end of jobkeeper

        • smartazz104 on 22/04/2021 - 11:09
          +2

          I doubt these people had a job in the first place.

    • SF3 on 22/04/2021 - 00:23
      +2

      only 5 more days to full moon :)

    • Kenb0 on 22/04/2021 - 01:15
      +5

      It is very entertaining but stops me from sleeping on time! I’ve gone down some rabbit holes of silliness on this site the last couple of weeks.

      • HeWhoKnows on 22/04/2021 - 09:00
        +1

        This post tops it off

    • whitelie on 22/04/2021 - 02:15
      +2

      It's the vibe of it. It's the constitution. It's Mabo. It's justice. It's law.

    • kiitos on 22/04/2021 - 07:38
      +6

      Essay guy who couldn't get laid

      Wait, what?

      • kerfuffle on 22/04/2021 - 08:01

        Referring to Eccentric. The post has since been unpublished

        • KSMLJ on 22/04/2021 - 08:28

          Is that cached somewhere?

          Completely missed it.

          Sounds like a doozy.

          • SF3 on 22/04/2021 - 10:07
            +1

            @KSMLJ: Looks like kerfuffle is the Cache…

    • DashCam AKA Rolts on 22/04/2021 - 09:51
      +2

      Next it will be someone complaining about not being able to fit roof racks to their new RAV4 hybrid.

    • kasumi on 23/04/2021 - 10:41

      i feel like i missed out on the essay guy's thread

      • VerticallyIntegrated on 23/04/2021 - 13:19
        +2

        Me too. Would love to find it.

        I did waste a good afternoon on the couch reading MarkyMarkDown’s plan to live the high life from the mezzanine floor of his warehouse in the outer west of Sydney staring down at his amazing $5 Bunnings items and Super Cheap Auto car parts.

  • kfcfatfat on 21/04/2021 - 23:52

    They say gift card are treated like cash, but the fact is they are not. Restriction such as can't use gift cards to buy third party gift cards pisses me off!

    • JimmyF on 22/04/2021 - 09:31
      +2

      Thats because it was abused. People buying one giftcard at 5% off, and then using it to buy a different giftcard at full face value.

    • Tleyx on 22/04/2021 - 22:25

      Who is they?

      • petry on 24/04/2021 - 23:52

        scomo et al

  • Kdw26488 on 22/04/2021 - 02:50
    +1

    I recommend to read T&Cs on every product and service you want to pay/paid for.

    You won't make this mistake again.

  • Quantumcat on 22/04/2021 - 07:08
    +1

    Just ask for a refund into the gift cards and move on?

  • trankillity on 22/04/2021 - 08:33
    +16

    Stop wasting yours, theirs, and more importantly, ACCCs time. What a joke.

    • Slo20 on 22/04/2021 - 20:05

      I have a feeling they have a lot of spare time on their hands every day.

    • Lucille Bluth on 23/04/2021 - 18:30

      And ours

  • HeWhoKnows on 22/04/2021 - 08:49
    +5

    Classic time waster

    Why did you bother wasting your time to write this post

    Obviously because you don't value other people's time and effort as is evident by your post.

    Go away and cry little boy/girl and leave us alone

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