Company is giving me only 17 days to use a voucher that they normally give 12 months for
October 27, 2011 5:53 PM   Subscribe

Is there a specific length of time companies have to honor their rebates/vouchers for if a time period is not specified in their advertising?

There is a company which I do business with a few times a year. They are a production company specializing in one-off fabrication. They offer multiple different types of fabrication including lasercutting, cnc & 3d printing. I pay them a fee each month for a type of membership which enables me to get free shipping and reduced production costs on any orders I place. Since I place such few orders, the savings from this monthly membership is pretty much zero, however from time to time, they will put on promotions encouraging people to use their fabrication services. Since money is tight, I tend to wait for these opportunities to use their service to maximize my savings.

Recently, they had two promotions running at once, quoted directly from their marketing email:

Friendly reminder: You've got just 2 days left to grab our survey results special offer!

Get 30% off laser cutting (making & materials) when you use coupon code ZMKGZK

Get a FREE $25 making voucher when you spend $25 on 3D printing or CNC routing. Put 25forME in the special shipping instructions.

Offers end October 21, 2011. $25 CNC/3D printing order does not include shipping.


This was the entirety of the print for this offer; no asterisks and no links to find out additional details.

Since I had a project I'd been working on that needed both laser cutting and CNC work, I went ahead and placed my order. I also had some vouchers I was redeeming with the order as well (for a total of $75 off) that I had already clarified with them could be used in conjunction with other promotions.

After placing my order, I was informed that I was not eligible for the first offer (Get 30% off laser cutting) because my membership rates already gave me a higher percentage off. While I suspected that this might be the case, I was still a bit perturbed because there was no indication on the sales material (and no fine print in my membership that I am aware of) that indicated the 30% wouldn't be taken off of the rate I qualify for as a member.

Even still I did not make a fuss and instead asked them if they couldn't indicate in future promotions which offers are valid for members and which are just valid for the general public. I was content to know that I would still be getting the $25 voucher.

Well fast forward to today (about a week later) and I received the voucher via email. The voucher is only good for 17 days! All the previous vouchers I've received from them have been good for one year from the date of the qualifying order. I had assumed (yes I know shame on me) that this voucher would offer the same deadline since there was no indication to the contrary.

So this long winded explanation brings me to my question: Can companies arbitrarily put any deadline they want on their promotions AFTER you qualify for them? Basically: Is this legal?

I should mention they are based outside of the US but the hub I order from is located in California.

Thanks Metafilter and sorry for the long explanation.
posted by ogunther to Law & Government (9 answers total)
 
It may not be good business, but it doesn't sound illegal.
posted by alms at 6:16 PM on October 27, 2011


Best answer: I'm pretty sure that since it was a gift with purchase, instead of a gift certificate or card, that they can do whatever they please. This is the FAQ on California's gift certificate/gift card expiration law.
Certain gift certificates or gift cards sold after January 1, 1998, are not subject to any of the rules discussed here. To be exempt, these gift certificates or gift cards must contain an expiration date, if any, in capital letters in at least 10-point type on the front of the card and must be either:
  • Distributed by the issuer to a consumer without charge under an awards, loyalty or promotional program; or
  • Donated or sold below face value at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes, if the expiration date is 30 days or less after the date of sale; or
  • Issued for perishable food products.
posted by SMPA at 7:41 PM on October 27, 2011


Response by poster: Thanks, SMPA. I appreciate the information.
posted by ogunther at 8:32 PM on October 27, 2011


Best answer: I do e-comm in real life. Yeah, the short expiry date on the voucher is sloppy business practice, but it's not actionable. However, try calling them and mentioning that this short period of time doesn't give you enough time, but you have a project in X days; could they extend it? I honor expired promotions all the time upon request.

As for stacking deals on top of one another, while it's subjective and I don't guess either of us could prove the other wrong, my assumption when dealing with a business is that deals don't stack unless specifically stated otherwise. It's usually in the fine print "not valid with other offers" The usual practice is that the best offer available will apply to your order.
posted by randomkeystrike at 2:12 AM on October 28, 2011


If the vouchers are usually valid for 12 months, either they really need the cash by mid-november or its a typo. I would contact them and ask if there has been a mistake.
posted by missmagenta at 5:32 AM on October 28, 2011


Response by poster: Hi randomkeystrike; thanks for your additions. Unfortunately the order I just placed is all I need for the next few months and even that I ordered before I needed it because the promotion seemed worth it. Unfortunately now that is proving to be not the case.

As to the stacking of deals, I agree with you and that is why I contacted them when I originally received the $75 worth of vouchers that I used with this order. Honestly I would have been fine with them telling me they could not stack since that is normal business practice. However since they told me otherwise and now I feel a bit "dupped" because they switch-up what I had considered their normal voucher expiration dates without warning. This could have all been avoided had they just been upfront and informed their customers the terms of the voucher(s). As it is, I'm left with a negative impression instead of a positive one. Not the end of the world by any stretch but as others have stated also not good business.

Normally I would contact them to get an extension but I haven't done so for two reasons:
1) I do not know when I will need to order from them again so I can't dangle that carrot for them
2) While they have been pretty good about resolving any issues I've had in the past, the number of issues I've had with different aspects of their service are starting to mount up (product fabricated incorrectly, product damage in shipping due to improper packaging, etc). I don't have an alternative company lined up as I don't know of any other company out there that offers the benefits this company does and I'm starting to worry that they may stop responding if I complain about something that isn't something that is obviously wrong (hence why I wanted to know if this was legal). As it is I'm just going to have to suck it up and be more cautious with their promotions in the future.

@missmagenta: I doubt it is a typo since the email that the voucher was sent with included the same date. It is definitely possible that they are cash starved but I hope not (both because it would effect me directly and because I genuinely like the company, I just feel their are a few areas they need to iron out).
posted by ogunther at 9:16 AM on October 28, 2011


Best answer: Definitely check out California consumer protection laws.

But there is a concept in advertising that at times such mailers are not in and of themselves contractual offers. Rather they are invitations to come do business with the company. See for example "invitation to treat."

"Come buy this at 30% off" is not an offer that you accept (e.g., "Ok, I accept and will buy that at 30% off.") Rather, it is an implied invitation: "Come [to my store and offer to] buy this [from me] at 30% off [and I will agree to sell it to you.]"

But, these kinds of ads can be sort of "springing" offers of unilateral contracts. So it can get muddy. Many moons ago, I made a post about famous old historical cases that underpin much of contract law in which I mentioned the "Carbolic Smoke Ball" case which still is good law in this country. You might find that post interesting.
posted by dios at 11:50 AM on October 28, 2011


Response by poster: Thanks, dios. I appreciate the information. :)
posted by ogunther at 12:58 PM on October 28, 2011


Depending on the jurisdiction, if a coupon/voucher/gift certificate/gift card doesn't say it expires, it does not expire.
posted by one more dead town's last parade at 4:07 PM on October 28, 2011


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