Retailer Threatens Legal Action for Using 90% off Coupon

fortunecookie on 12/08/2025 - 20:41
Last edited 12/08/2025 - 20:41

I recently found a 90% off coupon code that worked on a retailer's website. I placed an order with the code to test it out. It went through and the item got delivered.

A few weeks later, the retailer came back to me asking for the full payment of the item and threatened legal actions.

From a legal perspective, my understanding is that:

  • If the coupon code is not authorised as they claimed, they should have cancelled the transaction before sending out the goods.
  • Given the order is already delivered, the transaction is complete. As such they have no right to ask for payments retrospectively.

What are your thoughts on this?

General Discussion

Comments

  • JimmyF on 12/08/2025 - 20:49
    +24

    How much are we talking?

    • theHMASfriendship on 12/08/2025 - 20:57
      +259

      I don’t think we talk enough, Jimmy. How are you

    • JakeyJooJoo on 13/08/2025 - 11:01
      +11

      @fortunecookie c'mon man, let us know, we're curious cats. Which retailer, item, and how much was it / saved?

      If you're worried about details, just give us comparable. EG. Instead of Good Guys, and a Washing Machine, say Bing Lee, and a Dishwasher.

      We need this to be able to go to sleep tonight.
      Also, well played on the bargain hahahah

  • sharkyoz on 12/08/2025 - 20:49
    +2

    Goodonya!

    • SnoozeAndLose on 13/08/2025 - 10:45
      +3

      Good on you for not sharing here, ordered yourself and got the legal letter, if everyone here orders one and gets them delivered, then the retailer has so much legal cost to sue every ozbargainer

  • jjjaar on 12/08/2025 - 20:59
    +17

    Which retailer? Small one person operation or someone of Hardly Normal size?

    • fortunecookie on 12/08/2025 - 21:36
      +21

      I wouldn't do that to a small business. It's more like a medium size one.

      • jjjaar on 12/08/2025 - 23:46
        +8

        I wouldn't do that to a small business.

        I fear a lot of people would. Glad you wouldn’t.

        I do reckon tho that a small biz would likely realise well before dispatch. In fact, I know of a small business owner that this has happened to and they emailed the customer before dispatching.

        Their dispatch and your subsequent receipt of the item is the process completed. They really should have paid attention.

        • diddy50 on 13/08/2025 - 15:13
          +1

          I mean, it sucks for the retailer, very much.

          Someone stuffed up by having a 90% off code and THEN for processing the sale. Ouch.

  • skid on 12/08/2025 - 21:01
    +6

    heh, how did you happen across the coupon code?

    • jv on 12/08/2025 - 21:16
      +95

      90OFF

      • I like freestuff on 13/08/2025 - 10:45
        +48

        The trick was to make sure you enter the coupon with bold text.

      • Butterfly Gocha on 14/08/2025 - 17:09
        +14

        110OFF means they pay you to take the goods off them

    • anonymous01 on 13/08/2025 - 21:09
      +34

      His real crime is that he did not share that on OzBargain with rest of us. Traitor!

  • AustriaBargain on 12/08/2025 - 21:15
    +36

    You taught him a valuable lesson. He should have thanked you.

  • jv on 12/08/2025 - 21:17
    +36

    Do you have a receipt of payment?

    If so, the item is yours.

  • elgrande on 12/08/2025 - 21:24
    +2

    What do there terms and conditions on the website say?

    Hiw did you find the code

    • diddy50 on 13/08/2025 - 15:12
      +19

      T&Cs would hardly matter, the contract has been executed.

      They could ban you from their store. Refuse a sale.

      But in this instance, the retailer had a chance to say oh sorry, it's unreasonable to make this sale it was an error, and cancel the order. (Looking at you Dell) but they didn't.

  • randomusername2017 on 12/08/2025 - 21:32
    +35

    Lucky you forgot to post and share the deal 🤔

    • smartazz104 on 13/08/2025 - 12:04
      +4

      Yeah lucky for the business, the people here would have broken their website.

      • PopCounty on 13/08/2025 - 18:18
        +1

        And then business would have realised to strengthen their system to never allow 90% off no matter what. Unless they themselves authorised.

    • runamuck on 15/08/2025 - 22:35
      +2

      He didn't forget, he just didn't want to share.

  • Gunnar on 12/08/2025 - 21:32
    -1

    As above - terms and conditions of the site T&Cs of code?

    That will be your guide better than any opinions on ozbargain

  • tabz on 12/08/2025 - 21:36
    +16

    What are your thoughts on this?

    Should've posted it as a bargain (or still do it if the code still works) 😅

  • McMaferMur on 12/08/2025 - 21:45
    +4

    If only you shared it…. the store will say thanks instead of threatening….

  • paddyo on 12/08/2025 - 22:10
    +83

    Item selected. Payment made. Payment accepted. Item Delivered. End of transaction. Let them threaten as much as they want, it's their due diligence that was at fault.

  • burningrage on 12/08/2025 - 22:11
    +30

    I would ignore the threat. Contract has been fulfilled.

  • SBOB on 12/08/2025 - 22:23
    +13

    and threatened legal actions.

    You have two choices
    1- ignore their contact/emails etc
    2- respond back to their email with two words "bring it" (rock meme can be included for extra points)

  • brendanm on 12/08/2025 - 23:15
    +7

    Sucks to be them.

  • JIMB0 on 12/08/2025 - 23:28
    +10

    I'd ignore them.

  • Guybrush57 on 13/08/2025 - 00:09
    +7

    What is the item's original dollar value?

  • mrvaluepack on 13/08/2025 - 07:01
    +46

    Shame on you for not sharing it on ozbargain.

    • tessel on 13/08/2025 - 09:43
      +2

      Finally found the most important post that should have been first.

    • fortunecookie on 13/08/2025 - 10:55
      +6

      I contemplated that but decided to wait it out. Judging by how they've treated me, they would have (1) cancel every OzBargainer's order, and (2) send out a really rude email to piss everyone off so no one would ever buy from them again.

      • mrvaluepack on 13/08/2025 - 11:42

        Aussie based or international? Name?

        • fortunecookie on 13/08/2025 - 19:20
          +31

          I didn't ask for sympathy. I'm interested in other's thoughts on the legitimacy of their threat.

          I also think they could have approached the situation in a much better (more personal) way, which is more likely to get what they want.

          Them barking at me and trying to use big scary words on me didn't work. If they came at me saying 'hey just wondering where you got the coupon from? We're not a multinational corporation. We're asking nicely you either pay or return the item' I'm more likely to oblige.

          • Miss B on 14/08/2025 - 09:58
            +12

            @fortunecookie: Another option could have been, "Hey, this is our cost price. We would appreciate if you made payment for this amount so that we are not out any money, but you still get a good deal"

            • Parentheses on 15/08/2025 - 20:57
              +8

              @Miss B: Cost price is the business's problem, not the consumer. You can't get buyer's remorse as a consumer and say "this was my give-enough-of-a-crap-to-buy-it price, I would appreciate if you refunded the difference".

              If you don't want people using 90% off coupons, nobody forced you to make one.

  • jojo13 on 13/08/2025 - 07:11
    +11

    Block them every which way you can. So you don't have to keep reliving the moment.

  • joka on 13/08/2025 - 07:18
    +14

    They should be thanking you for not buying more. Some people are so ungrateful.

    • jimojr on 17/08/2025 - 01:07
      +1

      He didn't say how much he spent when people asked. He must have spent a lot, otherwise the seller wouldn't be threatening legal action.

  • payless69 on 13/08/2025 - 07:38
    +5

    Sounds like a HN job. They delivered to my door but then demanded much extra money. Now they know how my upright middle finger looks like so back went the stuff, the courier still sending invoices.
    JBHiFi not much better, big special price on an item and after an hours wait for it to get near me they stated the can't do it for what we advertised so even they know my finger!

  • Dollar General on 13/08/2025 - 08:23
    +19

    lol

    Tell them they’re dreaming.

    You made an offer to purchase and they accepted by taking payment and delivering the goods. It’s their problem they don’t have adequate processes in place to have coupon codes expire.

    Legal action will cost them thousands of dollars with little chance of success.

    Tell them you gave them a valuable business lesson and they should be paying you for the education

  • GordonD on 13/08/2025 - 09:38
    -4

    If there were published terms and conditions, including something along the lines of "by using this coupon you accept our terms and conditions", and you violated one of them, you may have committed fraud by using the coupon.

    That said, it has to be worth the time and cost for the seller to actually do anything about it other than just threaten.

    • fortunecookie on 13/08/2025 - 10:40
      +4

      Couldn't find any published terms and conditions for that specific code, but I get your point. Usually by using the code, the presumption is that you accept the attaching T&Cs.

      I have thought about the fraud argument, but it requires an element of 'dishonesty' and 'deception'. I'm not sure if the use of a targeted coupon code would quite fit the bill.

      • gromit on 13/08/2025 - 14:53
        +10

        well the question is was that targeted coupon targeted at you? or have you found this on one of those dodgy coupon sites or forums and reused someone elses? if it was targeted then arguably it is most definitely dishonest to use if it wasn't targeted at you.

      • MrFrugalSpend on 13/08/2025 - 22:03

        It's their responsibility to make T&Cs available. You are not bound by T&Cs it didn't have available or require you to view and accept somewhere in the process. They had an invitation to treat, you made an offer, they accepted it and delivered - done. If you weren't required to view the T&Cs of the coupon code or similar as part of the transaction and confirm you complied - its their loss.

        Save some screenshots of where you got the code, the retailers website (do a dummy click through to show nothing comes up about T&Cs etc) to keep on file just in case but not be too worried.

    • Dollar General on 13/08/2025 - 12:58
      +22

      Violating a retailers terms and conditions does not constitute fraud

        • Dollar General on 13/08/2025 - 19:44
          +16

          OP had no intention of deception. He/she simply used a discount code that was accepted by the merchant and the merchant accepted the offer and delivered the product. They had ample opportunity to decline the transaction

          • Ulysses31 on 14/08/2025 - 18:56
            -3

            @Dollar General: I agree with your 2nd and 3rd points.

            1st point: c'mon man…

            • Dollar General on 14/08/2025 - 20:08

              @Ulysses31: Even if OP was being deceptive, fraud is a criminal matter and the retailer will need the police to file charges, which is extremely unlikely

      • MrFrugalSpend on 14/08/2025 - 16:28

        Violating them isn't even unlawful if you weren't disclosed them and made to agree to them…. its not even relevant.
        I agree with your statements here 100% DollarGeneral

  • sim777 on 13/08/2025 - 09:44
    +5

    Very curious as to how much the discount was that it prompted the company to send a bogus threat email

    • blitz on 13/08/2025 - 10:16
      +1

      Very curious as to how much the discount was that it prompted the company to send a bogus threat email

      Ah, you mean in dollar terms. Yes, good question.

    • fortunecookie on 13/08/2025 - 10:51
      +5

      Obviously we're not talking about $5 pair of socks. It's sub $1,000.

      • Typical16-bitEnjoyer on 13/08/2025 - 11:03

        More than $500?

      • sim777 on 13/08/2025 - 11:50
        +4

        Transaction is complete and you have the product. Give us more deets pls!!!

      • Jono05 on 13/08/2025 - 13:31
        +15

        Can’t you just say what you bought and how much the discount was 🙄

      • camr00 on 14/08/2025 - 09:40
        +7

        Sub $1000 before or after the discount?

        The context around your purchase changes a lot of what I and OZB would respond.

        Buying a $1000 watch which is regularly 50% off and you got for 90% off? Thats one thing.

        Getting a $9000 item for $900 post discount - thats a different story and I can understand them sending something legal.

        • fortunecookie on 14/08/2025 - 12:35
          +6

          Both the item itself at their ridiculously inflated RRP and the discount are sub $1,000

          • OpticalCog on 14/08/2025 - 16:02
            +4

            @fortunecookie: They’ll spend far more in legal fees than they would ever manage to reclaim (which would likely be $0 anyway).

          • camr00 on 15/08/2025 - 18:02

            @fortunecookie: Ignore the letter and wait for them to chase it up. I doubt they will.

          • Water Bearer on 17/08/2025 - 08:15
            +2

            @fortunecookie: If its under $1000 then its considered petty with no punishment as its under small claims court. Maximum would be returning item with refund. In all likelihood you would win easily anyway. They don't want to go to court, its a scare tactic. As court fees are at least $300 to file. No debt collector would be stupid enough to take this on either. Also for small claims there are no lawyers involved.
            I believe only Judge Judy handles these cases.

      • furyou on 17/08/2025 - 10:04

        Nothing's gonna happen with a sub 1,000 item. I had 6,000 stolen and they even had CCTV of the person using my card at the shop. Multiples times. They returned my money and the police said it's too small for them to bother taking any action even with the evidence.

  • Wiadro on 13/08/2025 - 10:28
    +1

    Tell us who they are

    • Qazxswec on 13/08/2025 - 10:35
      -2

      Probably Temu

      • tenpercent on 13/08/2025 - 10:59
        +12

        Temu is a "medium size" business?

        • Ulysses31 on 13/08/2025 - 18:35
          +1

          Medium compared to trillionaires

      • hazzad on 13/08/2025 - 11:35
        +4

        Doesn't temu do 100% off all the time anyway?

        • Save 50 Cent on 13/08/2025 - 20:23

          Yeah i furnished my newly-built house solely from 100% off items from temu.

  • churningNburning on 13/08/2025 - 11:27
    +8

    Cough up the details.

    • arcticmonkey on 15/08/2025 - 03:17
      +9

      Agreed. This bloke is asking for help and is then refusing to answer several questions like yours on the details. He's even vague with the item and the amount.

      He seems to have taken from the business to a point they're unhappy and now wants to take the time from OzBargainers without bothering to reply.

  • quick-dry on 13/08/2025 - 12:07
    +8

    "see you in small claims court"?

    They published the coupon, you used it, there was an offer to purchase for $X, they took your money, delivered it. Done.

    • buffalo bill on 14/08/2025 - 19:56

      Sale fulfilled as far as I'd be concerned. Inform them in writing if they want to go to court you'll be claiming all costs when they lose, and you've got a very good job.

      • johnno07 on 17/08/2025 - 00:18

        Inform them in writing

        Why would you even bother doing this. Just ignore them.

        • buffalo bill on 17/08/2025 - 13:02

          You can present to the tribunal or magistrate as proof of their time wasting

  • Love a bargain on 13/08/2025 - 13:05
    +5

    As far as I can see, not your problem.

    You placed a purchase order on their website using a code that their system accepted as valid. They accepted your offer to buy at that discounted price and took your payment. There is a binding contract there. They did not even attempt to rescind that contract before delivery.

    If they didn't set up their system properly (including the IT/ ordering system and the human oversight), that's their problem. That's the same as if a shopkeeper sold something to you for less than the amount they should, as long as you've paid the amount you were asked to, you've fulfilled your obligation under the contract and you now own the item. (The business can't claim that because the shopkeeper had made an error and the transaction is invalid because the shopkeeper was acting as the business' agent.)

    You're not even obliged to tell them where you got the code from or to explain how the T&Cs of that code makes it applicable to your purchase.

    Even if there is a clause in the contract that says they have the right to change their mind after confirming and fulfilling an order, the best they could do would be to ask for the item back. They can't possibly force you to buy it at a higher price than what you initially agreed to. (Imagine the madness the world would become otherwise.)

    • fortunecookie on 13/08/2025 - 15:13
      +4

      Yea I agree with you. From a contractual point of view, by dispatching the item, I take it as they authorise me to use the code. Their authorisation cannot be revoked retrospectively as it fundamentally changes the key contract terms.

      I'm thinking about what to do next. Should I simply ignore them, or write back to tell them they have no legal basis to pursue any further payments? Hmmm

      • diddy50 on 13/08/2025 - 15:15
        +1

        Moral dilemma. Will this actually cause damage to someone's business or will someone lose their job?

        Not your problem, but you may feel that you can lessen the impact or ignore it.

        • niknikniknik on 13/08/2025 - 18:28
          +3

          The business will probably dismiss or performance manage the accountable person regardless of whether the money comes back. The process or control has failed.

          • bio on 14/08/2025 - 12:43
            +4

            @niknikniknik: Unless the business is not (yet) aware of the issue and it's the accountable person trying to get the money back.

      • apey2000 on 16/08/2025 - 15:19

        You seem to have too much time to think. Enjoy the item and move on.

  • iknowtj on 13/08/2025 - 13:23
    +30

    Offer to sell the item back for cost you paid plus a $900 restock fee.

  • Serapis on 13/08/2025 - 13:52
    +1

    Their own fault for not keeping track

  • pogichinoy on 13/08/2025 - 13:58
    +2

    Ignore them.

    • jv on 13/08/2025 - 14:33
      -2

      That would be rude…

      • smartazz104 on 13/08/2025 - 16:38
        +2

        As opposed to

        A few weeks later, the retailer came back to me asking for the full payment of the item and threatened legal actions.

        • jv on 13/08/2025 - 16:53
          -2

          At least they weren't being ignored.

  • Cluster on 13/08/2025 - 14:00
    +2

    Did you break in to their web site and change pricing before payment? No? You used a code the retailer accepted and verified as being legitimate? I would say you did nothing wrong.

    If the code generated an invalid discount then it should have been caught by the shipping team. Better luck next time to the retailer, they should keep better track of what they're selling, and more importantly, which discounts are valid.

    Now the only way I would say the retailer might have a case is if the customer abused the discount and ordered hundreds of items, but even there it's up to the business to keep track of what they're selling.

  • Speckled Jim on 13/08/2025 - 14:44
    +3

    It's a done deal — ignore any further attempts to engage.

  • CocaKoala on 13/08/2025 - 15:02
    +7

    I will ignore them. I will in fact check to see if that coupon still works and buy something more with it.

    • No ONE on 14/08/2025 - 18:02

      so they can get money and not send the order. You have to chase charge back. I won't risk it further.

    • Muppet Detector on 14/08/2025 - 18:44

      I wouldn't do that.

      They've now told you they have no intention to be legally bound to a contract with that term.

      Doing that does give them a legal advantage now. Whether they pursue that advantage is their choice, however.

      • CocaKoala on 15/08/2025 - 00:18

        Fair point. It's also up to them to safeguard their systems and ensure a coupon on the public domain doesn't apply if they don't want it to. Or at least don't fulfil the order, but I do understand what you're saying.

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