Cudo: who is the contract with? Be careful!

bargain lover on 22/07/2013 - 15:41

Short version: Bought a voucher from Cudo for Prints on Glass, Prints on Glass done nothing. Over 3 months later want my money back. Small claims court? If so, who did I take to court?

Long version. On 8th April 2013 I purchased a voucher from Cudo, and then on 26th April I attempted to use the voucher with Prints on Glass.

But, Prints on Glass has not fulfilled their side and so today I have nothing. Initially Prints on Glass said it would be about 30 days from receipt to delivery, but that came and went. I tried to email Prints on Glass (3rd June), but that failed. I tried to call, but no answer and then they replied saying calling was best (4 June). On 11 June I got an email from Cudo saying basically that they messed up their business by doing voucher sites (though careful not to call out Cudo), though thats not my problem, I contracted with Cudo in good faith.

I emailed Cudo on 16 June and got a reply saying "we are currently working with Prints on Glass to ensure that all our customers vouchers and honored and their orders sent". So I waited a bit longer until this weekend when I emailed Cudo again. They replied "I have forwarded all your details to the merchant directly and expect to receive a response within 5 business days regarding the status of your purchase".

Well I don't really want to wait another 5 days, I'd like my money back. On Cudo's website http://cudo.com.au/company/terms-and-conditions its not clear who has responsibility here: Cudo or Prints on Glass.

So, who has the responsibility for delivery the service?

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  • ozhunter on 22/07/2013 - 15:52

    I'd email Cudo demanding a refund. As always with these group buying sites, be very careful when purchasing vouchers for services such as carpet cleaning, car service, handyman etc.

  • c64 on 22/07/2013 - 16:42

    cudo are a group buying code member. push them for a refund as you have not received anything in a reasonable timeframe

  • jagboy on 23/07/2013 - 07:32

    Ah, Prints on Glass. Same problem for me but via Scoopon. Paid and ordered in December last year for delivery before end of January. By mid February nothing so contacted Prints on Glass and was fobbed off by them saying that the response had been overwhelming and asking for me to be patient. I explained that the prints were for a birthday present and I required them no later than the 20th of March. I also contacted Scoopon at this stage and got a similar response as 'bargain lover' saying that they had contacted Prints on Glass and my order status would be updated within 5 days. Was assured that all would be well. The birthday came and went and to say the least I was not happy. Tried emailing and phoning Prints on Glass but to no avail. Contacted Scoopon again and, to their credit I was issued a full refund almost immediately. Beware of Prints on Glass!

  • JediJan on 23/07/2013 - 13:10

    I have purchased quite a few vouchers from Cudo before and have found them to be worthwhile and easy to work with. So far have had no problems with any of them. I would not give up on Cudo yet, but yes email again, and demand a refund. Specify as many dates (April 2013 is ridiculously long to wait), invoice nos. etc and keep to the point that you require this as you have waited far too long already. Sounds like the matter is out of Cudo hands (merchandisers responsibility) but they need to be seen to be taking an active interest on your part (at least they seem to be albeit slow), if they would like repeat business. Cudo would simply lose business if the merchandisers turn out not to be reputable. Sounds to me that "Prints On Glass" has the responsibility to pay you a refund; that would surely be minimal expectations. Don't let the matter drop and keep on pestering them. I certainly won't be purchasing anything from Prints On Glass now you have advised us. Keep your forum open in the meantime and keep us posted with your progress .. I will check back to see how you get on. Once one of these coupon companies does not look after a customers interests is the time I stop purchasing from them too. Thanks for posting.

  • bargain lover on 23/07/2013 - 14:51

    Thanks for various advice.

    I've tried Cudo again, and said that I want my money back if everything is not resolved by the end of the week.

    Also I contacted Fair trading NSW and they say that the legal contract is still between me and Cudo, and said they would intervene on my behalf with Cudo. So fingers crossed.

    @jagboy: I cannot recommend Prints on Glass to anyone. They (Rebecca Irwin) sent me a long email detailing how they had destroyed their own business by using the voucher sites. Basically they said problems with vouchers and then they'd been overwhelmed by demand from the Cudo voucher offer. Well why didn't they limit the number of vouchers? I'm sure if I were to offer vouchers I do not believe I can honor that would be considered fraudulent trading.

    • JediJan on 23/07/2013 - 22:37

      That's good information you have received from Fair Trading; sounds quite positive that you will get a refund, but still you shouldn't have the hassle. It may be though until Prints On Glass actually say no, we are not accepting/dealing with these coupons that Cudo has to keep pushing them. Cudo is in the middle of it all, but they still have to sort it out for their customers or lose professional standing. Sounds like Prints On Glass are just making excuses, that you really don't even want to hear; I am fairly positive that they could have limited number of and restrict time available for sale of the vouchers. I have bought vouchers several times before and never had a problem. Have paid a little extra to upgrade on a voucher too. The vouchers are a way for a business to actually promote their business, cheap form of advertising, so this sounds like one business that is making a total mess of it all. They should have apologised for the delay, offered a refund or upgraded the value of the voucher for the inconvenience. Certainly name drop "Fair Trading" to Cudo if you have to.

      I have had two transactions go awry with another voucher organisation (not Cudo); one item had a minor chipped part, but they couldn't replace it or the entire item either. Problem rectified with a quick, full refund and didn't have to return item. In the other circumstance, one of two items was not included in an order, then a quick online follow up found item was out of stock, so was advised a refund (once approved within a few days) was to be made. Things do sometimes go wrong with orders etc, but you expect a reputable company to deal with things as quickly as possible. I will quite probably purchase other items/vouchers through this company because of their professional approach to dealing with the above issues.

      • c64 on 24/07/2013 - 13:50
        +1

        It may be though until Prints On Glass actually say no, we are not accepting/dealing with these coupons that Cudo has to keep pushing them.

        i disagree. the OP has not received anything in the advertised time period (30 days from april) or any reasonable time-frame at that (a further 2 months)

        in any case, cudo offer satisfaction guarantee: http://cudo.com.au/how-does-it-work/cudopromise

        • JediJan on 25/07/2013 - 10:25

          I agree with you.

          My previous answer to you has disappeared for some reason or other so will try again:

          My comment was in relation to some warranty hassles I had with a totally different product/scenario. I was told until the manufacturer actually refused to honour the warranty (say no) I had to just keep on returning the item for repair; which as you can imagine was a real pain a the time. That was some years back though, so I guess there is better buyer protection now.

          The reasonable time-frame has long passed. I feel certain "bargain lover" must be provided with a refund. If Cudo hasn't sorted this out within a week then I shall not be purchasing from them again. One expects that sometimes things go awry but there is an expectation that things will be sorted out promptly, if not a full refund immediately.

  • SirFlibbled on 25/07/2013 - 09:33
    +1

    To answer your question, have a look at the terms and conditions

    "By making an order to purchase a Voucher, you warrant to CUDO that
    you are:

    (a) eighteen (18) years of age or above; and

    (b) entering into a legally binding contract with CUDO with respect to that Voucher."

    Seems like it's CUDO.

    If I was them I would make it clear the contract is between you and the provider and CUDO is just an agent but it seems they've chosen not to do this.

  • bargain lover on 25/07/2013 - 10:30
    +1

    Fair Trading called me back to say that Cudo have agreed to a refund.

    Sweet!

    • JediJan on 25/07/2013 - 11:03

      Great news and about time hey.

      Pity Cudo had to get a call from Fair Trading to have this rectified.

      Cudo; lift your game!

  • voteoften on 27/07/2013 - 18:47

    In the future, just go straight to the ADMA. They are much quicker and easier than fair trading.

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