"Subject to Availability" in Group Buy Sites' T&C

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  neil on 02/06/2011 - 21:44

  +1

  I think it's a step in the right direction. You would hope that the reps are now asking businesses what their normal traffic is and how long it usually takes to get an appointment. I expect a lot of people call the day ( or thereabouts) before their voucher expires and don't get a booking. Bit of commonsense in the T&C's does no harm.

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  spal on 03/06/2011 - 05:11

  From the fair trading point of view if you were not advised of the condition prior to purchase it may not be binding on you. It is something like if you buy an electronic item and on opening the box you find a condition which is kind of restrictive. You can return the item if the condition is not acceptable to you. Reason unless you open the box you are not aware of the condition. IMO.

  It is good idea to recommend booking in advance. However, securing bookings themselves have been issues in some deals.

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  quop on 03/06/2011 - 10:07

  +1

  it's entirely fair if it's declared upfront so you can factor it into your decision to buy or not to buy. it's unfair if it's only made known after you purchase. in the latter case, let spreets know that you do not agree to the additional T&C that was not disclosed prior to purchase, and ask for a refund. i did that for a previous spreets deal(from ~3 months ago?), and had my money refunded.

  • 

    me on 03/06/2011 - 19:18

    It doesn't really affect me as I will probably use the voucher before it is close to expiry, BUT I still do not like the fact that they are imposing the condition AFTER the purchase was made. I don't have a problem with it, either, I think it's fair enough to have such a condition…BUT they should have made it clear beforehand.

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  voteoften on 03/06/2011 - 20:01

  Also, we have no idea what is meant by "availability" when the voucher is be advertised. We are at the mercy of the business as to what that term means.

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  georgia13 on 15/06/2011 - 01:18

  +2

  Irrespective of terms and conds set by the companies, they are still bound by consumer law. Once you enter into a consumer contract with a company they legally can not set t & c's which were not available before you purchased the deal. In this case I think Spreets t & c's are prob in the best interest of the consumer (ie advising consumers to make early appointments etc. Commonsense to some, but from a group buyers situation, will prob mean that they have a better likelihood of being able to staff their services to ensure they can cater to everyone who purchases the deal rather than deal with a whole group of complaints from individuals who wait until the last minute and then complain when a company can not provide the product or service before expiration).

  The term "availability" is indeed ambiguous and although I am sure that group buying companies use this t & c to avoid honouring certain vouchers, consumer law dictates that you are purchasing in good faith, the service/product at a later date; you are not purchasing the IDEA of the product/service. If a consumer takes all reasonable steps to receive their purchase and the company still does not follow through with the product or service then they are breaching a consumer contract and as a consumer you would be well within your rights to request a refund.

  Good luck to everyone who purchases from these group buying companies, just make sure you know your rights and dont back down!