S4 Data giveaway - Misleading advertising

Forums › Spark New Zealand (including Skinny and BigPipe) › S4 Data giveaway - Misleading advertising

TheDistantOne

12 posts

Geek
Inactive user

#120934 19-Jun-2013 09:45

I purchased a new S4 in store the other day and part of my choice was due to the free 1 gig of data that the ads say you get.

When in store all the signs say check the T&C's online and when I asked the guy in-store he said I'd be eligible and the T&C's are online (they can be found here http://www.telecom.co.nz/mobile/galaxys4/?pid=int472)

The ones I'm interested in state

The Free 1GB per month for 12 months is only for customers who purchase the Samsung Galaxy S4 device on any Postpaid Smart Open or Smartphone Plan.
At the end of the 12 months the 1GB data will become chargeable and we will advise you of the applicable charge at that time.
Offer valid until 30 of June or whilst stocks last.
The free 1GB bolt-on can only be applied at point of purchase of the Samsung Galaxy S4 device with the customer’s chosen plan

Now I'm already a postpaid customer, and when I asked the guy in-store he said to get the free gig you had to go online (I read the term about the bolt on being applied at the point of purchase afterwards) to get the data.

Once I realised the store should have done it I rang 123 to see if they could do it for me, they then informed me that I wasn't eligible for the bolt on anyway because I was already a customer and that the free bolt on was for New customers only.

When I pointed to them to say that that’s not what the terms and conditions say, they said well sorry but that is what my screen says. The store has also agreed with them and also the online support.

I believe they are in breach of the fair trading act namely the point of "fine print" "special offers and conditions" and also probably "bait advertising" - found http://www.comcom.govt.nz/special-offers-and-competitions/

I don’t really want to have to complain to the commerce commission but it was a pretty big reason that I purchased the phone

1 | 2

1948 posts

Uber Geek
Inactive user

#839099 19-Jun-2013 09:52

I would return back to the store and talk directly with the person who sold it to you.

I was fairly sure the S4 data giveaway and 1GB add-on was available to existing customers not on a fixed term contract and new customers. If you were on a fixed term contract already then that is a different story.

If you don't have any joy with the store you purchased it from you can email me pl at telecom.co.nz with all the details you have and I can forward it onto someone who could assist.

TheDistantOne

12 posts

Geek
Inactive user

#839101 19-Jun-2013 09:56

Been back to store, said that I'm not eligible. I was already on an open terms contract and like the T&C's state its for open or contracted plans

(from the terms and conditions online)The Free 1GB per month for 12 months is only for customers who purchase the Samsung Galaxy S4 device on any Postpaid Smart Open or Smartphone Plan

123 also told me that it would apply if I was an exsisting customer but had to purchase the phone online and since i purchased in store a different set of Terms and conditions apply but no one could find or show me those terms and conditions

plambrechtsen

1948 posts

Uber Geek
Inactive user

#839103 19-Jun-2013 10:03

TheDistantOne: Been back to store, said that I'm not eligible. I was already on an open terms contract and like the T&C's state its for open or contracted plans

(from the terms and conditions online)The Free 1GB per month for 12 months is only for customers who purchase the Samsung Galaxy S4 device on any Postpaid Smart Open or Smartphone Plan

123 also told me that it would apply if I was an exsisting customer but had to purchase the phone online and since i purchased in store a different set of Terms and conditions apply but no one could find or show me those terms and conditions

So did you sign up to a 12 month plan when you signed up to the new phone? If you email me the details I will see what can be done, and if you did or did not sign up to the 12 month plan.

TheDistantOne

12 posts

Geek
Inactive user

#839105 19-Jun-2013 10:09

I was already on $59 open smart plan, just moved my sim card over to the new phone.

As the terms and conditions (and guys in store) said i just needed to purchase the phone and be on the plan

plambrechtsen

1948 posts

Uber Geek
Inactive user

#839106 19-Jun-2013 10:12

TheDistantOne: I was already on a plan, just moved my sim card over to the new phone. As the terms and conditions (and guys in store) said i didnt need to sign up for anything just to purchase the phone

I always understood you needed to be on a 12 month plan to get the deal. So that may be where your problem is.

When talking with 123 (or better yet the mobile support team on 0800 800 163) did you say you would be happy to be on a 12 month contract if you can get the 1gb and be in the draw?

As that is what I believe you need to be on to be in the draw. But I could be wrong.

TheDistantOne

12 posts

Geek
Inactive user

#839110 19-Jun-2013 10:18

that may be your internal understanding but that is not what your advertising or published terms and conditions state.

How can I sign up for something for 12 months when I am on an open term plan? which is what the terms and conditions say I need to be on.

I have dealth with 123, the store and online support (and now yourself) who are all giving me a different reason as to why, but when I point them to the published terms and conditions online (which all your advertising point to) it clearly states I need to purchase the phone on any open plan

plambrechtsen

1948 posts

Uber Geek
Inactive user

#839114 19-Jun-2013 10:21

Happy to help if you email me, but so far you haven't. I don't know the exact story but would point you onto someone who could find out.

Wise

Send money globally for less with Wise - one free transfer up to NZ$900 (affiliate link).

TheDistantOne

12 posts

Geek
Inactive user

#839115 19-Jun-2013 10:21

I think you may be getting confused between the 500GB draw and the 1GB data giveaway which are two seperate promotions

jeffnz

2870 posts

Uber Geek

Trusted

Lifetime subscriber

#839118 19-Jun-2013 10:27

TheDistantOne: I think you may be getting confused between the 500GB draw and the 1GB data giveaway which are two seperate promotions

he is trying to help so email him your details as Peter is very good at sorting things out

Galaxy S10

Garmin Fenix 5

TheDistantOne

12 posts

Geek
Inactive user

#839119 19-Jun-2013 10:27

plambrechtsen: Happy to help if you email me, but so far you haven't. I don't know the exact story but would point you onto someone who could find out.

no I havent considering your at least the 6th person I've dealt with and you are giving me the same answers as everyone else, in fact only one person (in store) has actaully acknowledged that the online terms and conditions are mis leading.

if you would like to source for me the correct terms and conditions by all means do so but at the moment I'm sick of going round in circles with staff who are referring to terms and conditions that are not publicly avaliable.

michaelmurfy

meow
13243 posts

Uber Geek

Moderator

ID Verified

Trusted

Lifetime subscriber

#839121 19-Jun-2013 10:31

Could you please flick us an email to ort@telecom.co.nz - I'll check it out for you. Cheers

Michael Murphy | https://murfy.nz
Referral Links: Quic Broadband (use R122101E7CV7Q for free setup)

Are you happy with what you get from Geekzone? Please consider supporting us by subscribing.
Opinions are my own and not the views of my employer.

plambrechtsen

1948 posts

Uber Geek
Inactive user

#839122 19-Jun-2013 10:32

michaelmurfy: Could you please flick us an email to ort@telecom.co.nz - I'll check it out for you. Cheers

I wouldn't bother Michael... I've already asked him 3 times to email me and he doesn't seem to want our help.

michaelmurfy

meow
13243 posts

Uber Geek

Moderator

ID Verified

Trusted

Lifetime subscriber

#839123 19-Jun-2013 10:34

plambrechtsen:
michaelmurfy: Could you please flick us an email to ort@telecom.co.nz - I'll check it out for you. Cheers

I wouldn't bother Michael... I've already asked him 3 times to email me and he doesn't seem to want our help.

That's a shame, doesn't he want free data?

TheDistantOne

12 posts

Geek
Inactive user

#839124 19-Jun-2013 10:34

jeffnz:
TheDistantOne: I think you may be getting confused between the 500GB draw and the 1GB data giveaway which are two seperate promotions

he is trying to help so email him your details as Peter is very good at sorting things out

I could but after having dealt with alot of different staff at telecom my inital post was to see if anyone else had this experience and wether, since no one at telecom can seem to find the correct terms and conditions, if it was time to escalate the matter futher.

Cause this just really isnt about me getting my extra gig, I am sure there are probably other customers who have had a similar experience who probably would have got the same surprise I did.

michaelmurfy

meow
13243 posts

Uber Geek

Moderator

ID Verified

Trusted

Lifetime subscriber

#839125 19-Jun-2013 10:35

TheDistantOne:
jeffnz:
TheDistantOne: I think you may be getting confused between the 500GB draw and the 1GB data giveaway which are two seperate promotions

he is trying to help so email him your details as Peter is very good at sorting things out

I could but after having dealt with alot of different staff at telecom my inital post was to see if anyone else had this experience and wether, since no one at telecom can seem to find the correct terms and conditions, if it was time to escalate the matter futher.

Cause this just really isnt about me getting my extra gig, I am sure there are probably other customers who have had a similar experience who probably would have got the same surprise I did.

I'm going to ask a mod to close this thread if all you're doing is complaining without giving us details. Both Pete and I are trying to help but we can't help those who don't want to be helped.

1 | 2