Bonus Gift Cancelled - Myer

Just wanting to see I am on the right path. Bought something off Myer with free Bonus Gift offer. Invoice and order confirmation shows both the purchased item and bonus item on the order. Goes to delivery, only the purchased order got delivered, with the bonus gift pending. Later that day, bonus gift was cancelled on my order after it was delivered.

Contact Myer customer support, expressing that ACCC and Consumer Law, it's not alright to advertise a bonus gift item with a purchase without any intent to supply. They replied the bonus was out of stock, but my counterpoint is that should be expressed or communicated at time of order and not after partial delivery.

I should have every right to the bonus gift and or offered alternative, or refund or partial refund on the purchased goods.

Reply below from customer support, I've asked for it to be escalated before I report them to ACCC.

We understand that this might not be the outcome you were hoping for, and we’re sorry for the inconvenience this may have caused. Please be informed that the availability of the bonus gift is tied to stock levels, and it may not always be available when the promotion is ongoing. As we checked, we can see that the bonus gift is currently out of stock. This is the reason why your Bonus Gift has been canceled from your order.
we can arrange a postal return under change of mind return. Please know that if you wish to return the item, it will fall under a change of mind return, and you will be shouldering the shipping fee.

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Comments

  • +1

    This is the equivalent of using shopback/cashreward and ended up getting none.

    • +5

      apples & oranges. Cashback is provided by 3rd party and subject to their terms. Not the retailers.

  • +2

    ACCC will only take the report, you won't get resolution from them. Lodge it with your state/territory fair trading department. Do it now as it'll take weeks to get a response from them.

  • +4

    I think Myer have got you here. Their T&C states "while stocks last". I wouldn't be happy either especially as your order had the bonus item on it.

    • -1

      that's the problem - offer is no longer on their website. Even if its while stock last - they should email to communicate incase I wish to cancel the order effectively as a whole.

      • +8

        It's not your fault (or problem) that the Myer system can't keep track of stock. Let us know what you end up doing and how it turns out.

        • Looks like it was his problem since he didn’t get the bonus gift.

      • Doesn't work that way.

  • Check the T&Cs of the bonus gift offer.

  • +7

    Note that you can return in store for free if you choose to end the pursuit here.

  • Tnc for bonus items are usually 'until stock lasts'. Check the tnc.

    • +2

      If the stock hasn’t lasted then they should remove the offer from their website. If they are still offering the bonus gift that implies they still have stock.

      • Or are expecting more to become available.

  • -2

    Maybe CC chargeback? Order not fulfilled?

    • Considered, but I did the Ozbargain way and used discounted GC to buy. Can't chargeback the GC seller.

  • I understand that this is frustrating for you. It undoubtedly does seem unfair.

    I'm posting because I do want you to achieve a satisfactory outcome, so it may help if you approach your communications with them from a different perspective.

    it's not alright to advertise a bonus gift item with a purchase without any intent to supply.

    It seems that they did intend to supply the bonus gift. Their narrative is that based on expected sales, we had enough of these bonuses to merit us including them in the advertising.

    => yes there is law that they must have a reasonable level of stock for what they expected, but not that they have enough for everyone who asks.

    They replied the bonus was out of stock, but my counterpoint is that should be expressed or communicated at time of order and not after partial delivery.

    Apparently they didn't know at these two points.

    I should have every right to the bonus gift

    I completely agree with you. Unfortunately, you don't.

    or offered alternative

    Whilst this could be a nice thing for them to do, it is not "your right".

    partial refund on the purchased goods.

    Definitely not a "right", it's not even a legal requirement.

    The bonus was free, it has no value. there is nothing partial to refund. Its value is $0. That is the refund to which you are entitled.

    we can arrange a postal return under change of mind return. Please know that if you wish to return the item, it will fall under a change of mind return, and you will be shouldering the shipping fee.

    The first part is the correct way to handle this, offer a refund for the entire purchase.

    I am however curious how it is classified as a change of mind purchase as opposed to SNAD though.

    • +2

      Was referring to this; https://www.accc.gov.au/consumers/advertising-and-promotions… - it's only not law breaking if they can prove it's out of their control. As a consumer it's not our responsibility to manage their stock of bonus goods.

      Stock limited bonus offers needs to be communicated before the purchase in many cases, and a stores T&Cs cannot override basic ACL.

      I'm more pissed that they sent half the order, then cancelled the other half (bonus gift) with no communication. If they had told me, I would have been more reasonable but now they sent me on a hunt.

  • -1

    I think this falls apart for you because the retailer has set an expirary date on their offer

    Expirary date appears to be "whilst stocks last".

    Not sure from what angle to approach that other than I know that they had to have "sufficient stock", but NFI how they determined what was sufficient or what courts will determine what is sufficient.

  • Had this happened to me. The $10 gift card promotion for click and collect.

    Stock was transferred from another store. I can only pickup after the end date.

  • how much are we talking?

  • You can return the goods at any Myer if you want to avoid the shipping fees.

  • +3

    You might be able to catch them with their pants down if you look around to see if they actually have any stock of the bonus item for sale at any of their stores. If they do have stock at one of their stores, why can't they send it from there?

  • -1

    Had this happen to me once too with an online order from Myer - a bonus Lego gift with a Lego purchase. My Lego-loving son was really upset. They told me “too bad”

  • This reminds me of the Coles collect points to buy kitchenware promotions. Generally by the time you get the points for what you want they have runout of stock. That seems to be a crock as well.

  • Why not say what the bonus gift is, is it a secret?

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