Small consumer dispute. Is the Dream Mall Stealing my money?

The Large Mall in southern Taiwan, as many large department stores do, have promotions, to encourage you to spend your money. I’ve been doing this for years but this is first time I encountered this situation:

Promotion: Spend $1,000 and earn a right to get a premium. Let’s call it a limited edition Teddy Bear.
So …

  1. We made our purchases and went down to customer service.
  2. Customer service said that to get the premium of our choice we have to pay an additional $150.
  3. Customer service gave us a certificate to claim our item after a certain date.
    Note: In our minds, this was considered a purchase. We did not ever think that we needed to read the certificate.

Time to claim the prize. We are usually very busy and we live far out in the country. We don’t often get into the city. I finally had time to get into the city and claim my item.

  1. I show up at customer service with the certificate.
  2. The lady tells me that I was too late and shows me the dates printed on the certificate.
  3. Look at it and go “Huh!” But in my poor Chinese, I tell her that I paid money. I should get something.
  4. She says what I think was: Yes, you paid your money. You got your certificate. But now you’retoo late. Sorry, see ya!
  5. I got out my cell phone and called in the big guns… My wife!
  6. After repeating steps three and four with her, a dozen times Miss Customer service told my wife that after the date listed on the certificate, they turned over all the money and the remaining product to the supplier and it is no longer the Dream Mall’s responsibility.
  7. Wife said the Chinese version of “Bull Shit” You owe us something. This was not even a free gift! It was a purchase
    The wife told them that they had better honor this certificate.
  8. Customer Service then asked me to turn over the certificate. They would check with the supplier and get back to us. Wife said no way. You may take a copy. Store said "No way. We need the original. Wife said… OK, give us the copy and sign the copy with both of your names (the two reps that “helped” us), and stamp it with your store chop. And they did.
    So now, this is where we are. It happened Sunday. I think I will give them a week to respond, then go into phase 2

Question… What am I entitled to. If the product is gone. Should I be entitled to something else the “fair” retail value of the item I was promised? I believe, in similar cases, in the US, I believe the store has the option to make a substitution of “equal or greater value”. I’d say it would be worth 300 to 500 NT.

Should I just settle for my money back? Not sure if that is the best option. We were influenced to spend more money than we wanted to to be eligible to get take part in this offer. We were under the understanding that we were making an “exclusive purchase”.

So, what’s my next move? I will probably try a few more phone calls, then kick a registered letter up to management, politely telling them what they have done is theft. That it has been determined by court cases that even store gift certificate expiration dates are illegal in Taiwan.

[quote=“Taiwan_Student”]The Large Mall in southern Taiwan, as many large department stores do, have promotions, to encourage you to spend your money. I’ve been doing this for years but this is first time I encountered this situation:

Promotion: Spend $1,000 and earn a right to get a premium. Let’s call it a limited edition Teddy Bear.
So …

  1. We made our purchases and went down to customer service.
  2. Customer service said that to get the premium of our choice we have to pay an additional $150.
  3. Customer service gave us a certificate to claim our item after a certain date.
    Note: In our minds, this was considered a purchase. We did not ever think that we needed to read the certificate.

Time to claim the prize. We are usually very busy and we live far out in the country. We don’t often get into the city. I finally had time to get into the city and claim my item.

  1. I show up at customer service with the certificate.
  2. The lady tells me that I was too late and shows me the dates printed on the certificate.
  3. Look at it and go “Huh!” But in my poor Chinese, I tell her that I paid money. I should get something.
  4. She says what I think was: Yes, you paid your money. You got your certificate. But now you’retoo late. Sorry, see ya!
  5. I got out my cell phone and called in the big guns… My wife!
  6. After repeating steps three and four with her, a dozen times Miss Customer service told my wife that after the date listed on the certificate, they turned over all the money and the remaining product to the supplier and it is no longer the Dream Mall’s responsibility.
  7. Wife said the Chinese version of “Bull Shit” You owe us something. This was not even a free gift! It was a purchase
    The wife told them that they had better honor this certificate.
  8. Customer Service then asked me to turn over the certificate. They would check with the supplier and get back to us. Wife said no way. You may take a copy. Store said "No way. We need the original. Wife said… OK, give us the copy and sign the copy with both of your names (the two reps that “helped” us), and stamp it with your store chop. And they did.
    So now, this is where we are. It happened Sunday. I think I will give them a week to respond, then go into phase 2

Question… What am I entitled to. If the product is gone. Should I be entitled to something else the “fair” retail value of the item I was promised? I believe, in similar cases, in the US, I believe the store has the option to make a substitution of “equal or greater value”. I’d say it would be worth 300 to 500 NT.

Should I just settle for my money back? Not sure if that is the best option. We were influenced to spend more money than we wanted to to be eligible to get take part in this offer. We were under the understanding that we were making an “exclusive purchase”.

So, what’s my next move? I will probably try a few more phone calls, then kick a registered letter up to management, politely telling them what they have done is theft. That it has been determined by court cases that even store gift certificate expiration dates are illegal in Taiwan.[/quote]

All this over a fucking teddy bear? You need to get a hobby.

Its BS. I would never have gone for this BS about a certificate and all that.

They told you it’s a ‘limited edition’? And you believed that? In Taiwan? … and paid them?

Correct me if I am wrong but limited editions only have value if there is someone who wants to buy it from you for more money than you paid. Do you know someone who wants that thing?

If you want a Teddy bear, go and buy one.
Or steal one on a playground.

Trying to beat the coupon scam is just ridiculous.
Carrefour has these “buy 2000NT$ and get 200NT$ coupon” all the time.
I calculated it forth and back and there is no way to gain 200NT$.

On that day all the fruit and vegetables will look like garbage. Or, that’s what you would find in Europe behind the supermarket in their garbage cans.
The prices are slightly raised.
Here it comes, we have a plan! We’ll buy long lasting products in high quantities.
Coffee: the bag normally costs 79 NT$.

Now, it’s 98NT$.
2000:98 = 20.4 and 2000:79=25.3
On a normal day, I can buy 5 more bags of coffee for 2000NT$. 5x79= 395NT$
And that’s how they raise all the prices for these products.
Last time, we found one type of crackers they must have overlooked.
We went like yeah!! we beat the system. However, 2000 NT$ of those crackers? :noway:

Anyhow good luck with your coupon.
By the way Carrefour is selling apples from Japan. I think they’re called fukushimas a or so.

From a customer service standpoint, you would think that considering you paid the premium they would have contacted you to let you know time was running out, or at this point try to get you the item (it could reasonably be impossible now) or return the $150 to you. Having said that, on a legal level, it seems you didn’t buy anything except the right to the item of your choice, which had to be redeemed by a certain date. Since you failed to do that, you’re out of luck. :2cents:

Back home pretty much all store gift cards have an expiry date; the shops are banking on people not cashing them and taking that money as free profit. In fact Groupon.com’s entire business model is based around this concept.

In those of the above cases, consumers are not entitled to any refund. Taiwan’s consumer protection laws are comparatively more relaxed, so would be surprised if you get anything (maybe you’ll get the price of the certifate back if you complain enough).

I’m not personally familiar with these kinds of transactions, but this CNN Money article from May of 2012 seems to indicate that in the U.S., there are rules governing them:

[quote]. . . a federal law makes it illegal to sell gift cards that expire in less than five years.[/quote]–Julianne Pepitone, “Groupon customers offered class action payout over expiration dates,” CNN Money, May 23, 2012 money.cnn.com/2012/05/23/technol … n-lawsuit/

I also wonder, in Taiwan_Student’s case, if the merchant made it clear before the customer purchased the goods that an additional purchase would be required in order for the customer to be eligible to obtain the bonus item.

Or am I misunderstanding this thing? That’s entirely possible, because as I said, I’m not personally familiar with this kind of business practice.

I’m not personally familiar with these kinds of transactions, but this CNN Money article from May of 2012 seems to indicate that in the U.S., there are rules governing them:

[quote]. . . a federal law makes it illegal to sell gift cards that expire in less than five years.[/quote]–Julianne Pepitone, “Groupon customers offered class action payout over expiration dates,” CNN Money, May 23, 2012 money.CNN.com/2012/05/23/technol … n-lawsuit/

I also wonder, in Taiwan_Student’s case, if the merchant made it clear before the customer purchased the goods that an additional purchase would be required in order for the customer to be eligible to obtain the bonus item.

Or am I misunderstanding this thing? That’s entirely possible, because as I said, I’m not personally familiar with this kind of business practice.[/quote]

Actually, it was not made clear that we would have to spend additional money to buy the bonus item. We’ve been doing this for years. The drill is. You spend a certain amount of money at a department store. It could be any shop in the place. You then go to the customer service floor. In HanShin, President, Mitzukoshi it is the top floor. There you wait on line with the other vultures to stand on line, present your recipients and the store’s credit card toget your premium.
Heck, we got a whole bedroom sheet set that way.

We have not played this game for about eight years. Never had time. So, when we went to the dream mall to collect our premium after shopping, my wife was surprised that we had to add money to get the premium. We were also surprised that it was not available at the time. But by that time, we were roped into the deal. We already spent a little more and heck… the item was cute.

Your 150 was probably the ticket to get in line for the bear. It’s like buying a ticket to enter Disneyland, but by the time you get to Space Mountain it’s been shut off for the day. The park doesn’t have to refund your money for that reason.

Trust me and my 0 years of legal experience.

Give up on the bear – it’s your fault for missing the deadline. You can demand your 150 back and see how that works.

Or you can go and lay a big Steaming Cleveland on their customer service counter. That’d be worth at least NT150, and you could wipe your arse with the coupon and throw it at them for good measure.

It’s not worth it. If you crap on the customer service table you will get cited for public indecency, and throwing crap soiled coupon at them is assault. Maybe law enforcement is lax in Taiwan but as a foreigner they can levy those charges against you and you’ll have little to defend yourself against. Oh and also you can be cited for insulting which is a criminal offense in Taiwan. At the very least you’ll be deported.

Um, anybody who thinks i was actually advocating the PHYSICAL realisation of such action is delusional. its the VISUALISATION that’s worth the NT150, not the actuality thereof.

You guys take the LITERAL biscuit.

All power to the IMAGINATION.

HEY HO.

[quote=“Hokwongwei”]
Give up on the bear [/quote]

Never give up on the bear…he done never give up on you

I got my bear! Well, bear was just a hypothetical example. I was not exactly sure of the item that was ordered. It was a cell phone bag. I think there is a bear on it though. It came in and I got an other deadline to pick it up. I’ll get it this weekend.
Really Shame on you guys… You should not let a deal or situation exist where a store has the option to pocket your money and the item you "purchased’ if you don’t get there in a certain amount of time. That item was purchased. Not forking it over should be considered theft.

[quote=“the bear”][quote=“Hokwongwei”]
Give up on the bear [/quote]

Never give up on the bear…he done never give up on you[/quote]

I’d give that bear in your avatar a buck for sure !

[quote=“Taiwan_Student”]I got my bear! Well, bear was just a hypothetical example. I was not exactly sure of the item that was ordered. It was a cell phone bag. I think there is a bear on it though. It came in and I got an other deadline to pick it up. I’ll get it this weekend.
Really Shame on you guys… You should not let a deal or situation exist where a store has the option to pocket your money and the item you "purchased’ if you don’t get there in a certain amount of time. That item was purchased. Not forking it over should be considered theft.[/quote]

Uhm. YOu paid 150 nt for a CHANCE to get a Cell Fone BAG ??? :astonished: A cellfone BAG? I wouldn’t want one even if you gave it to me (i think). But post a pic when you get it. Let’s see if it was worth the fuss.

[quote=“Taiwan_Student”]
Really Shame on you guys… [/quote]

errr you asked my friend.

I think it’s funny at how much effort and expense (time and fuel) is expended to get ‘free’ junk. Despite the victory (free junk) the mall won since you made an extra trip to the mall.