Too late for the cashback deal?

In January I bought an HP Officejet 6500 Wireless from Staples. It was advertised with £40 cashback if bought with a complete set of inks.

In accordance with the instructions, I logged onto HP’s Save Money website with details of my receipt to prove I had fulfilled all the requirements and to claim my cashback.

The website led me round and round, but would not allow me to finalise anything. I also got fobbed off when I telephoned HP customer service and my emails went answered.

After about three weeks, I managed to get through to someone, only to be told that the offer was time-limited and I was now too late.
Bryan Darby

Cashback deals can cause consumers real headaches. They are most commonly found with mobile phone contracts, but are also common as sales incentives for other goods.

The deal in this case wouldn’t have been anything to do with Staples. It was purely HP’s promotion and, as such, HP should honour the deal.

The fact that it gave Mr Darby the runaround until it was too late to claim a cashback will, we believe, not absolve it from its legal responsibility to pay out the £40. However, we haven’t seen the terms and conditions, so have asked Mr Darby if he can find these for us.

It may be that when he bought the printer, it only had a few days left before the promotion ran out. If this was the case and it would have been impossible for him to meet the terms and conditions required to get his £40 cashback, it should have been pointed out to him by Staples or the sale would have been misleading.

This is a breach of the Consumer Protection Regulations (CPRs) described below. Under these circumstances, it would therefore be the fault of Staples.

However, it is far too early in this investigation to know exactly what has happened. Once we get the information we need from Mr Darby, we can further proceed with this case.

Anyone who feels that a trader they are dealing with is in breach of the CPRs should contact Consumer Direct or their local Trading Standards Office for specific advice. A breach of these rules will, in many cases, be a criminal offence.

In addition to a fine, directors and managers could also be imprisoned. However, only the Office of Fair Trading and Trading Standards can take action if this is the case.

Meanwhile, we have alerted both Staples and HP about this problem and as soon as we can, will update you in a future issue.

What does the law say?
The Consumer Protection from Unfair Trading Regulations protects the buyer from unfair commercial practices – for example, misleading them in an advert or promotion.

In essence, a misleading practice is one that would cause the consumer to make a different buying decision. This law applies before, during and after a contract is made.