Television - Promotional offer unavailable or not fulfilled
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If you’ve signed up to a contract having been told that you’ll be getting a certain offer, you should expect the service you receive to be as described. If it isn’t, you should be able to leave your contract without paying an exit fee. In some circumstances, the service provider may offer you a price reduction.
However, it’s worth knowing that if an employee has made a mistake in offering you a deal that isn’t available in your area, for example, you can’t realistically demand that the provider honour the offer. That being said, you shouldn’t be left out of pocket as a result.
According to the Consumer Rights Act, any information given to you that you take into account when making a decision about entering into a contract is to be considered a binding part of the contract. If you discover that you’ve been misled or badly informed, you have the right to demand that the mistake be rectified, or, where this isn’t possible, you have the right to end the contract or demand a reduction in price.
If you discover that you’re not getting the deal you saw in promotional materials, it’s important that you contact the service provider as soon as possible.
If you cannot resolve your issue you cannot raise your case to the Ombudsman until 8 weeks after you have first raised your complaint with your supplier, or you have received a ‘letter of deadlock’ from the company stating that they cannot resolve the issue as you have asked. Your complaint must also not be older than 9 months. For an accurate decision by the Ombudsman you should provide a detailed file of your communications and supporting documentation. In addition make sure you explain what you want as an outcome as this will help assess your case.
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