I just got back from looking for a pair of wall mounted lights. At the store looking at a light model I liked mounted on the display. Price on the model says $99, marked down from $399. I’m ready to buy, and then the sales guy asks me how many I need. Turns out only the specific light on display is $99. Any additional lights are $399. Doh! Move along.
There’s a reason why the phrase “buyer beware” was coined and has retained its meaning since the first human to human transaction ever took place. It’s not really stupidity at play here, it’s simply that you have to read all the fine print and make sure you understand exactly how the deal works before falling into the trap, one that you often helped dig for yourself.
Lesson learned, yes. Class action lawsuit, hell no. Grow up and move on a little wiser for the experience.
Has she made reasonable efforts to mitigate her damages? By, e.g., attempting to return what she bought for a refund? I don’t see indication that she did in the complaint.
This is the only thing that matters. She could have, and didn't, so her suit will get tossed.
That said, Apple should do a lot better being clear about its promotions. It may not be sneaky but it is lazy, and not especially good for customer relations.
I dunno... it seems reasonable to me that a person would come to the conclusion that if a banner advertising a “Spend $X, Get Y” promotion is on a product’s page, that the product is included as part of that promotion. Usually, unless the promo states specifically what needs to be bought, i.e. “Buy a new MacBook Pro, get Y,” the only merchandise that is typically excluded is what’s on clearance. Despite the T&Cs being available (and I use the term loosely), it doesn’t seem as though they were easily accessible or make explicit and clear exactly what products were indeed included in the promotion. Ambiguity in a contract always benefits the party who didn’t write it. I might have been inclined to either not go through with the sale or return it immediately out of principle because a class-action is a bit extreme for my taste, but she’s got a point and I think it’s good Apple’s feet are being held to the fire on this.
How about this: I purchased a Series 3 Apple Watch, which definitely was promoted to include a $50 Gift card, effectively decreasing the price of the Watch by $50. Yet, both the watch, at $50 reduced price, AND the $50 gift card were charged on my Credit card, effectively neutralizing the supposed savings. This article reminds me I need to contact Apple about this. (I was waiting a few days to see if the $50 charge would be cleared with an equal credit. ****Never mind. I figured out how it works. The $50 Gift Card savings occurs when I "spend" that Gift card (which I was charged for, but also credited $50 on the Watch invoice).
How about this: I purchased a Series 3 Apple Watch, which definitely was promoted to include a $50 Gift guard, effectively decreasing the price of the Watch by $50. Yet, both the watch, at $50 reduced price, AND the $50 gift card were charged on my Credit card, effectively neutralizing the supposed savings. This article reminds me I need to contact Apple about this. (I was waiting a few days to see if the $50 charge would be cleared with an equal credit.)
If I read what you wrote correctly, you got what Apple promised, just not broken down the way you'd expect.
The offer is buy the watch at regular price and get a $50 gift card for free.
You paid $50 for the gift card, but Apple knocked $50 off the price of the watch.
The net payment is exactly what it was supposed to be.
Lol yeah look out for that ambiguity in those clearly spelled out terms and conditions if you can take all of an entire minute to read them and comprehend the words!
Typical example of the kind of suit in which Apple will gladly pay the plaintiff and her lawyer a few grand to make it go away rather than spend hundreds of thousands defending it. And her lawyer knows it, being the quick bucks scam artist he/she is.
I doubt very much that Apple plays that game. They've got a ton of lawyers and a huge war chest. It's in their interest to beat down these kinds of nuisance suits because they, unlike many other companies, can afford to. To not do so makes that a huge target. This is an easy case to kick and they'll know that. No gomen money for her. Slam dunk, there's the curb.
But— Apple really should make the specific terms more clear. I frequently see ads with select specials, and the same page tells me what's part of the deal or what's not.
Maybe, maybe one click to get to the what is and what isn't part, but no deep-diving into pages and superfine print. Just be upfront.
Every so often some vendor will use 'no hidden gotchas, no fine print, blah blah... This is the price, this is the deal... What you see is what it costs' as a market tool. Simple, direct, clear, honest. What a marketing concept. The nerve of some people.
The woman is correct. If the simple, easy to understand web page shows items below an offer of a gift card, you should not be expected to read a very long legal agreement to find the exemptions buried within it.
The woman is correct. If the simple, easy to understand web page shows items below an offer of a gift card, you should not be expected to read a very long legal agreement to find the exemptions buried within it.
Perhaps you didn't look at Apple's web site during the sale period. It was not immediately and obviously apparent which items were included, but it was pretty easy to figure out. A buyer would have to be inattentive and/or distracted to get it wrong.
Apple didn't make it as clear or simple as possible, but it sure didn't seem to me that there was any intent to obfuscate what was and wasn't on sale.
I'm wondering how many MacBook Air's she bought, and no I haven't read the case. I wonder if this is a person that thought "I'm going to buy a bunch of the hot Xmas item at cost, pocket the gift cards, and resell the item at just below retail cost". Would be a pretty good deal, if that is how things worked. Buy a $999 Air, pocket $200 apple gift card, sell the Air at $899, sell the giftcard at $150.
I imagine that thought at some point went through her head, thus the reason she is so ticked. Rushed through the purchase to make sure she got the orders, didn't read the details.
I purchased a MacBook Air on Cyber Monday under the same deal. I purchased the 2017 model, that was supposed to be included in the $200 gift card deal. The $200 gift card showed up in my cart, and on my emailed order summary from Apple. I was not charged for it on the order summary, or on the credit card charge for my order. However, the day after Apple charged my card for the MacBook Air order, they charged my card for $200 for the gift card! I'm on the phone with Apple now (Holding for 21 minutes now, with one minute of talking and being transferred. Boo.). So they are NOT being above board about this deal!
I purchased a MacBook Air on Cyber Monday under the same deal. I purchased the 2017 model, that was supposed to be included in the $200 gift card deal. The $200 gift card showed up in my cart, and on my emailed order summary from Apple. I was not charged for it on the order summary, or on the credit card charge for my order. However, the day after Apple charged my card for the MacBook Air order, they charged my card for $200 for the gift card! I'm on the phone with Apple now (Holding for 21 minutes now, with one minute of talking and being transferred. Boo.). So they are NOT being above board about this deal!
Were you billed full price for the computer, or was it $200 off?
Comments
There’s a reason why the phrase “buyer beware” was coined and has retained its meaning since the first human to human transaction ever took place. It’s not really stupidity at play here, it’s simply that you have to read all the fine print and make sure you understand exactly how the deal works before falling into the trap, one that you often helped dig for yourself.
Lesson learned, yes. Class action lawsuit, hell no. Grow up and move on a little wiser for the experience.
Butters discovers that the iTunes Terms and Conditions allow Apple to sew your mouth to someone else's butthole.
Despite the T&Cs being available (and I use the term loosely), it doesn’t seem as though they were easily accessible or make explicit and clear exactly what products were indeed included in the promotion. Ambiguity in a contract always benefits the party who didn’t write it.
I might have been inclined to either not go through with the sale or return it immediately out of principle because a class-action is a bit extreme for my taste, but she’s got a point and I think it’s good Apple’s feet are being held to the fire on this.
The offer is buy the watch at regular price and get a $50 gift card for free.
You paid $50 for the gift card, but Apple knocked $50 off the price of the watch.
The net payment is exactly what it was supposed to be.
But— Apple really should make the specific terms more clear. I frequently see ads with select specials, and the same page tells me what's part of the deal or what's not.
Maybe, maybe one click to get to the what is and what isn't part, but no deep-diving into pages and superfine print. Just be upfront.
Every so often some vendor will use 'no hidden gotchas, no fine print, blah blah... This is the price, this is the deal... What you see is what it costs' as a market tool. Simple, direct, clear, honest. What a marketing concept. The nerve of some people.
Apple didn't make it as clear or simple as possible, but it sure didn't seem to me that there was any intent to obfuscate what was and wasn't on sale.
I imagine that thought at some point went through her head, thus the reason she is so ticked. Rushed through the purchase to make sure she got the orders, didn't read the details.