To those who received only 2 Wii remotes (instead of 6) from Dick Smith.
Just wondering how many people will be taking this further?
I am yet to receive mine, however I have received the email like the majority of you and have been given no help from DSE support.
sounds good, thank you.
well, if DSE honored orders placed earlier, i don't see the point why the rest should be differentiated. Moreover even if they don't honor the earlier order, that still doesn't provide them any solid ground for excusing themselves simply by a ridiculous apology email.
I agree, I'm in with this.
I should be receiving my parcel tomorrow.
Has anyone actually contacted ACCC and had this type of thing done before?
I've got my exams coming up in around 2 weeks and I don't want to get distracted (too much hehe)
We have a legal contract with Dick Smith which has been paid in full. By Dick Smith now reneging on the contract without concentual, it sets an extreme precedent which would cause havoc if other retailers adopted a similar approach with their customers.
I'm pretty sure DSE would be reviewing their rights and obligations on this as well, so best gather all the info you guys need.
Good luck, though! They've definitely handled this very poorly so far.
Sorry, legal studies wasn't my favourite subject when I was at school, in fact I never for one second thought about taking it up.
What kind of information do you mean? :)
I can't pretend to know what info you'll need. I've just dealt with enough lawyers to know that you need to know the fineprint. Otherwise, it's just too easy for companies to get away things.
I'm in the same situation as OP. If I get 2 I'll be taking this further. It's unfair to honor a few and the rest missed out.
I'm with you POWEREvolution. I should be getting my 2 tomorrow, however the invoice says 6.
Seems like the first handful of orders made received 6 remotes by pure LUCK. They must of caught onto it late when they have received a lot of the same orders and started to look further into it as stock levels had significantly reduced. DSE has made a system error and they are not obliged to honour the deal. They have issued everyone that will only be receiving 2 remotes an email advising of the error and they are trying to rectify the situation without it escalating by offering full refunds including shipping cost. Please also refer to their back order policy for the remaining undelivered 4 remotes.
The bargain post clearly stated buy 1 remote and get the 2nd remote free ONLY. A few people commented on the error after placing the order which allowed others to try their LUCK and cash in knowing that their was an error. As i mentioned before some people got away with it and some people didn't. For those who missed out you have lost nothing as a full refund has been offered.
Congrats to those who ended up getting 6 remotes and to those who have have spoken to the supervisor and persuaded him/her to send a further 4.
mate, you cant give some people 6 and others 2, there has to be some consistency here.
I still believe that we should get the 6. It's been about 2-3 hours since weskar's post so…we'll see what dse says about this.
Here are the terms that you agreed to (in checkout):
http://dicksmith.com.au/dsau/contentmanagement/include/artic…
Number 10 seems particularly relevant
Yeah, I just called Dicksmith and used bargaingrabber's reasoning and mentinoed the trade practice act and section 52/54 and they said that they have in their terms and conditions that any orders made as a result of computer errors/glitches etc. do not have to be fulfilled and can be cancelled.
And i guess that's what you just linked to.
I guess we lose this time…time to refund when I'm not busy.
They are in breach of the Trade Practices Act, unless it was clearly advertised on the site that it was only "buy one get one free"
The Trade Practices Act over-rules dick smiths terms and conditions, they're not above the law.
Agreed. I did not even buy this through any promotion, nor was I even aware of a BOGOF promo. I was just informed by my brother that I could get 5 free remotes as a bonus for purchasing the one. Technically the promotion had nothing to do with my order.
That said, I just got off the phone with their customer service, who assured me that I will have to take it up with the appropriate channels if I'm not happy with what they've done with my order.
In any case, their t&c's has holes in it that customer service refused to acknowledge :(
"In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site."
The quantity of free remotes was apparently incorrect, which does not seem to give them a reason to change my order, as per the t&c's.
Anyway, hi Rebecca. Sorry you're having a crap day, hope it gets better for ya ;)
On the bargain post it clearly states buy 1 remote and get the 2nd free which corresponded to the link on their site. A few people found that when they had placed an order there was an error andit was coming up as 5 bonus remotes instead of 1. Based on that information other ozbargainers started to place orders trying to take advantage of the error. A some people were lucky to receive 6 whilst some weren't.
Do we know for sure that we won't be getting the extra four?
It still shows that my order is "partially delivered" and I havent heard from them that they won't ship the other four… Did I miss something?
Check your email. Call them. Talk to them, hear their bull crap excuses.
+1, if you call they will say that those who got 6 were lucky people -_-
extremely lucky. one in a million chance apparently. >.<"
double post sorry.
Lodged a complaint to ACCC, see how it goes.
For those who only received 2 Wii Remotes, has Dick Smith contacted you and offer you a gift voucher as a gesture of good will?
no they haven't.
Not me. Guess you have to be one in a million lucky again.
I have lodged an enquiry to ACCC about how we go about making a group complaint. In their earlier reply to my first enquiry, part of it included this:
Whether or not a consumer can force a business into completing the transaction will depend upon the circumstances of the offer and is a matter of contract law. More information in relation to this concept can be found on the following link:
The promotion was buy 1 get 1 free. The invoice showing 6 remotes for the price of 1 is clearly a mistake, which many took advantage of. So I'm interested to find out how ACCC will respond.
There was no such "Buy 1 Get 1 Free" promotion. It wasn't advertised as far as I know. It was just something going on in the background in the world of dse.
No one said "Buy one wii remote and get 1 free!!!", it was simply, add to cart, oh look there's 1 free, or in most of our's case, 6 free.
how do you think you have grounds for a "enquiry" with that link
all it says to me is that you have no hope, as long as the original deal is still fulfilled
The original invoice states 6 items, when we paid for the invoice at the checkout we all entered a 'contract' with what was listed on the items. If DSE admits this is a mistake, why didn't they contact us before taking it upon themselves that they can reduce it to 2 items, AND then only email us that there was a mistake?
Plus when contacted, they have been pretty unprofessional in repeatedly lying to customers including
-insisting no one else received 6,
-you have to be one in a million to get 6 items
-people who posted were just playing with us,
-people who posted pictures of their invoices and box of 6 items were being creative and it could have been easily replicated
I am not trying to get ACCC to force DSE to send me the full order. My enquiry is mainly related to their unprofessional conduct (listed above) in dealing with this mistake which could have been handled better. They should have admitted that some of the earlier orders were mistakenly sent out in full. And should have contacted us when they realised the mistake, instead of deciding they can just send first, ask later. AND last but definitely not least, they have indirectly accused their customers of forging a legal document by bullshitting that it is easy for customers to claim that they got 6 items, by printing out receipts as a joke on us. Quoted below:
"@wesker They said that they can assure you that NO packages were sent out with 6 and that they are probably playing with us or printed receipts as it’s “easy to do”. and i’m like, why would they forge legal contractual documents in their spare time? And they kept bullshitting and crap."
Dick Smith offered me a $25 voucher. I was originally told by their customer service that for people who received full order, Dick Smith will contact the buyer regarding the extra items received, but I don’t think this is the case anymore, as they decided they’ll not attempt to recover these items. Also just got a call from ACCC, I’ve mentioned to them the compensation from Dick Smith, the mistake their made, deceiving responses from customer service, and fact that some orders were shipped in full. They have this case recorded, but not sure how they’ll investigate this case. I guess for people who want to take this further, lodge a complaint to ACCC so that they’ll understand the severity of this case. They got back to me in 3 working days~!
I have emailed them regarding this, including links to the ozbargain thread and attached pictures tha bigsue19 posted, asking them to please be fair to all the customers and acknowledge their mistake otherwise the rest of us will be pursuing this further, each of us have invoices either in email or printed, stating clearly our order. Will post once there is a response.