Read the Small Print

Always read the small print, and remember, if it seems too good to be true, it probably is!

Background:  I clicked on an ad that said “surplus Ipads  $47.50. 1 only per person.

I ended up on a site on which I could not find any Ipads, but which did have a Nokia phone I liked the look of.  I bid $1.50 and got it.  Then I started reading the small print and realised I was signing up for some kind of subscription at $89 a month.

*Included with this payment, you will receive a 7-day membership for FREE. After the trial expires, normal monthly charges of A$89.99 will apply.

Hardly a phone for $1.50 with no strings.  I immediately emailed the site (Ziinga.con  sorry- .com) and asked to cancel the deal.  This they did, but a month later I saw that well over a hundred dollars had been extracted from my bank account and had not been refunded.  Then the fun started.  Following emails in reverse order, latest first…

I need to abide by my terms and conditions too.  

My terms and conditions specifically state that when I cancel something I have the right to expect it to be cancelled.  If you do not cancel as I ask, and instead take money from me – then you are stealing.  Please return the money you stole from me.
I state again, a refund was implicitly requested in my statement “I did not wish to sign up to anything. i somehow ended up buying a phone in what I suspect was a trick deal. I will happily pay for that but please

cancel whatever I inadvertantly signed up to”.

By taking the $89 and another payment in addition to the cost of the phone you IGNORED my request to cancel,
Call it what you like, it is mealy mouthed of you to hide behind some self serving policy.  Do the right thing.
May I remind you that I was advised as follows  
After the (7 day) trial expires, normal monthly charges of A$89.99 will apply.
Since I cancelled immediately, I had a right to expect that you would NOT be be applying the charges.  Therefore I should not have to apply for a refund, or even know that I needed to.  It was not until I checked my statement routinely that I saw you had stolen money from me.
Please return it.
On 25 January 2012 02:11, Irene <notifications-info@ziinga.com> wrote:

#### Please do not write below this line ####
Your request (#89338) has been deemed solved.You can always reply back to this message to reopen your ticket.


Irene, Jan 24 19:11 (CET):Hi freshh2o,

Thank you for your response.

I can certainly understand where you are coming from, however, we need to abide by our Terms and Conditions. We can no longer process any refund since that it is beyond 30days. Again, refund is not done automatically, it should be requested by the user.

Regards,
Irene
Ziinga Customer Support


Alan Freshwater, Jan 24 03:08 (CET):I don’t think you are paying attention. I cancelled as soon as I realised
I was liable to pay more than the price tendered for the telephone. I
assumed that cancellation meant I would not be charged the subscription
fee. You charged me instead of cancelling. I was not even aware that the
money had been extracted from my account until later. I have not used any
membership benefits. I don’t even know what they are.
I want my money back!


Irene, Jan 23 14:52 (CET):Hi freshh2o,

Thank you for your response.

Refund is not process automatically it should be requested by the user. In your case, you have not requested for a refund when you decided to cancel the membership. We can no longer process any refund on your account since that it is beyond 30 days. Please read our Terms and Conditions.

“As part of our 30-day return policy, refunds must be claimed within 30 days after the date of sign up. However, users may only be entitled to a subscription fee refund if they have not used any of their membership benefits.”

Regards,
Irene
Ziinga Customer Support


Alan Freshwater, Jan 22 05:10 (CET):Thanks

The question remains why did you not process the refund within the thirty
day period after I clearly stated I wished to opt out not just with 7 days,
but with 7 minutes of realising that all was not as I has first thought.


Irene, Jan 20 22:35 (CET):Hi freshh2o,

Thank you for contacting Ziinga.com Customer Support!

I understand where you are coming from, however, we need to abide by the Terms and Conditions you have agreed to which states that we can only process a refund if it is within the 30 days period.

All the details about the membership, its benefits and charges, are shown on the Payment page and in your receipt. More information are included in the Terms & Conditions, FAQs and How To page. How the website works and complete policies are made available and are clearly provided to our users. We encourage our customers to read all necessary information before completing any transaction. Furthermore, an e-mail receipt is sent to our customers upon purchase as a reminder about the membership charges and the 7-day period. There is no intention to deceive as all necessary information is communicated to our customers.

Regards,
Irene
Ziinga Customer Support


Alan Freshwater, Jan 19 06:26 (CET):Thanks for that explanation. I do not accept it. You are splitting
hairs. As for not having requested a refund, I would have thought it
would not be necessary to spell it out to you. I reconsidered the
situation as soon as I realised that I was liable to pay considerably more
than the few dollars that the phone supposedly cost. I wanted to cancel
the deal. THAT constitutes a request for a refund as far as I am
concerned. It is expressly implied that I would like my money back. In
actual fact at that time I thought I was cancelling the deal so that NO
money would be paid. The amount I was prepared to sacrifice and chalk up
to experience was the actual supposed price of the phone, which I now see
is a scam to fool customers into spending more with you than they had
bargained for. I suspect the Court will see it that way too. As I said
earlier, if your company had any integrity at all you would refund my money
because it is the right thing to do whether or not the circumstances fit
precisely within your very self-serving policy.

Please do not tell me again this matter is deemed solved. It will not be
solved until I have either a refund, or the item I so foolishly attempted
to purchase. Please be advised I am now taking legal advice on the matter.
Sincerely

Alan.


Irene, Jan 17 18:21 (CET):Hi freshh2o,

Thank you for contacting Ziinga.com Customer Support!

Our system shows that you have not requested for a refund when you have requested to cancel your membership last November 18, 2011.

As per Ziinga’s Terms and Conditions, “As part of our 30-day return policy, refunds must be claimed within 30 days after the date of sign up” and “We offer a 30-day return policy to all users who purchase any promotional offers.”

Regretfully, we can no longer process a refund since it is already beyond the 30days period.

Regards,
Irene
Ziinga Customer Support


Alan Freshwater, Jan 17 01:23 (CET):This is a follow-up to your previous request #80443 “Fwd: Ziinga.com – unsubscribed”

Joey

Thank you for this explanation, but I would like to point out that within
minutes of making the purchase I realised that I had signed up for
something I did not want. I thought I was buying a phone, no strings
attached. I contacted you immediately, well within the thirty days. As
far as I was aware at first, the transaction was cancelled and I understood
I might have lost a few dollars on the deal, but I accepted that. It was
only later, that I found a substantial amount of money had been extracted
from my bank, and I contacted you further about either a refund, or
getting the phone I originally thought I was buying. I therefore believe
that if your company has integrity, you should reconsider your decision.

Thanks for your time

Alan


Your request (#80427) has been deemed solved.

You can always reply back to this message to reopen your ticket.


Loren, Jan-09 00:08 (CET):

Hi,

Thank you for your reply and I am sorry for the inconvenience, however, all the information including that of the membership is stated in the Terms and Conditions, http://www.ziinga.com/au/terms that you have accepted, as well as in the Payment form when you purchased the item.

As for the cellphone, the reason that this can no longer be delivered to you is because your account is already inactive. As stated in the Terms and Conditions: “All Platinum memberships come with a 3-month binding contract. Customers who breach the 3-month binding contract will be charged a cancellation fee of A$42.00. Note that cancellation of the contract will void any free promotional gift offer.”

Regards,
Loren
Ziinga Customer Support


Alan Freshwater, Jan-06 07:46 (CET):

Loren. I do NOT deem this matter to be solved.

I followed an advert that offered me a commodity for a certain price.

I tendered a price for the commodity. You took my money and then I
discovered that the price was not the real price. You were going to take
another 90 dollars a month from me. In total you have taken over a hundred
dollars of my money and I have not even received the cellphone that I paid
for. It is not enough that you cancelled a subscription I did not intend
to make. You have taken money from me and given me nothing! *Where is the
cellphone???*

I shall pursue this further, through the Courts if necessary. I believe
your advertising is deceptive and your practises are fraudulent.

Please advise me clearly your intentions.

Sincerely

Alan F


Loren, Jan-06 06:45 (CET):

Hi freshh2o,

Thank you for contacting Ziinga.com regarding your account.

I have actually checked on your account and I see here that you are not eligible for a refund, that is why no refund was given to you.

I’m sorry for the inconvenience.

Regards,
Loren
Ziinga Customer Support


Alan Freshwater, Jan-05 02:05 (CET):

This is a follow-up to your previous request #53396 “please cancel”

Hi folks

I never did receive that phone, yet I paid for it! AND you took another
$89 of my money which I thought you were going to refund. Please explain
to me how this was a bargain for me?

Alan

Please note I only tried out your service, and intended only to buy the phone.  I would like a refund since I did not receive it, and have nothing at all in return for my money.
Regards
Alan Freshwater
On 18 November 2011 08:41, Ziinga AU <au@ziinga.com> wrote:

Dear freshh2o,
The system shows that on 2011-11-08 you signed up as a member in connection with your purchase of a Nokia 5130 . The first 7 days are FREE, then it costs A$89.99 per month.
Here is the text from when you signed up for this service:

*Included with this payment, you will receive a 7-day membership for FREE. After the trial expires, normal monthly charges of A$89.99 will apply.

All members get to enjoy value added benefits:

  • Extra bids for bid package purchases
  • Free shipping
  • Free bid
  • Bid-for-Free Auctions

This service has been deactivated for you so you will not see further charges but can continue to receive the benefits until 2011-12-16. Your account is still active so you can still use your remaining 63 bids and 0 credits.
If you have any problems at all with any transactions with Ziinga.com, please contact us through any of these various contact points:

EMAIL: info@ziinga.com
LIVE CHAT: http://www.ziinga.com
PHONE: +45-69918173
WEB: http://www.ziinga.com/dk/contact

The Ziinga.com support team is at your service 24 hours a day, 7 days a week.

Keep up to date with changes in our website by visiting our “Terms and Conditions” page. If you need assistance on how our service works, please read the short, easy guide by clicking here. Should you experience any difficulty or feel that something is unclear, then please do not hesitate to write us an e-mail at info@ziinga.com and we will respond to you within 24 hours.

Best Regards,
Ziinga.com

Ziinga Customer Service info@ziinga.com
17/11/2011

to me
Alan Freshwater
18/11/2011

to Ziinga
thanks

I guess i should read more carefully.
My apologies
Alan
IT SHOULD BE NOTED THAT AT THIS STAGE I ASSUMED I HAD CANCELLED THE $89 PAYMENT (IE THE SUBSCRIPTION) AND WAS LOSING ONLY THE COST OF THE PHONE…
On 18 November 2011 08:41, Ziinga AU <au@ziinga.com> wrote:

Dear freshh2o,
The system shows that on 2011-11-08 you signed up as a member in connection with your purchase of a Nokia 5130 . The first 7 days are FREE, then it costs A$89.99 per month.
Here is the text from when you signed up for this service:

*Included with this payment, you will receive a 7-day membership for FREE. After the trial expires, normal monthly charges of A$89.99 will apply.

All members get to enjoy value added benefits:

  • Extra bids for bid package purchases
  • Free shipping
  • Free bid
  • Bid-for-Free Auctions

This service has been deactivated for you so you will not see further charges but can continue to receive the benefits until 2011-12-16. Your account is still active so you can still use your remaining 63 bids and 0 credits.

#### Please do not write below this line ####
Your request (#53396) has been received, and is being reviewed by our support staff.Our Customer Support Specialists will get in touch with you through email within 24 hours.


Alan Freshwater, Nov-17 14:33 (CET):I did not wish to sign up to anything. i somehow ended up buying a phone in
what I suspect was a trick deal. I will happily pay for that but please
cancel whatever I inadvertantly signed up to.

cheers

Alan

Tá an chuid is mó amú de gach lá amháin sa chás nach raibh muid ag gáire.

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About Alan

Alone in a sea of spinifex.
This entry was posted in Life, don't talk to me about life!. Bookmark the permalink.

2 Responses to Read the Small Print

  1. Alan says:

    Looks like. I should never have cut down. I am not as sharp as I was that is for sure.

    Like

  2. Didn’t have enough coffee that day hu?

    Like

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