eBay discounts from selected sellers

20
Posted 11th Dec 2019
There has been a bit of a hoohar in the latest eBay "deals". HUKD commenters have populated the threads with outrage that sellers are inflating prices, sometimes totalling more than the pre discount prices. They have also raised concerns (some concerns from original long term members of the site) that heat is being generated before going live, I'm unsure how that works mind.

Many have raised concerns with this selling practice and suggested it's in breach of some ASA guidance/practice. My question for both HUKD and other members is this:

Should HUKD be giving such heavy promotion to a "deal" that many are finding to be problematic? Perhaps it's nothing of concern and an accepted practice, what do you think?
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The way I see it it’s up to the individual HUKD user to decide if they think something is a good deal or not. With this eBay promotion it’s just a code that gives a discount from selected sellers and I think again it’s for individual users to look at the items and see if they think that they are a good deal or if the price might have been raised before the code went live. Even if the price had been raised if it’s the best price available for the item right now then it’s a deal.
Edited by: "Haircut_100" 11th Dec 2019
Ho ho hoo-ha.

This site is just a conduit for information; most of which is created by the public, but, yes, some of it generated by those representing the site or are part of the Pepper Media Holding GmbH / Pepper.com organisation*.

(*with the likely disclaimer that "information provided is the view of the individual, not of the organisation...", etc.)

The public is not being lead or manipulated to part with their money. The choice to click the [Get deal] link, or visit a retailer in person, is entirely their own decision.

There may be an argument to say that they are being cajoled with potentially misleading information, but some form of due diligence should be employed, together with a certain level of 'common sense' from the individuals during the process of being made aware of information via HotUKDeals (whether it be on the web site, from a subscribed data feed, e-mail messages, or via social media channels), & confirming payment details during a transaction with a retailer (online or in person).
fanpages11/12/2019 11:35

The public is not being lead or manipulated to part with their money.


Yest they are
marketinglaw.osborneclarke.com/adv…ht/


Yes people should use due diligence etc but the companies that are doing the sale should also not be lying about their claims in the first place. (No better than a snake oil cure for all ailments....they are conmen, nothing else ). It no different if you went to a petrol station and for every litre you paid for you only got 0.9l

These practicies have been banned in consumer law for a reason. The seller is lying to the customer and the customer is not being told the truth.....Hopefully you will understand this fact.


The fact that HOTUKDEALS "advertise" these sales (in order to make money) is in effect advertising the dodgy sale which is why I contacted ASA about them, ebay and some of the sellers.

deleted210456811/12/2019 11:54

Comment deleted



I have given the information to the asa and my reasons behind why these are false and misleading.

HOTUKDEALs in my opinion should not allow pre heating sales untill they go live and put a big disclaimer on the post to say to check prices.

I remember a time when promoting your business ie Ebuyer (ithink) would get you banned but now eBay is such a money earner for hotukdeals there is no incentive to do this and they are now flouting their responability to us the consumer.
fanpages11/12/2019 11:35

Ho ho hoo-ha.This site is just a conduit for information; most of which …Ho ho hoo-ha.This site is just a conduit for information; most of which is created by the public, but, yes, some of it generated by those representing the site or are part of the Pepper Media Holding GmbH / Pepper.com organisation*.(*with the likely disclaimer that "information provided is the view of the individual, not of the organisation...", etc.)The public is not being lead or manipulated to part with their money. The choice to click the [Get deal] link, or visit a retailer in person, is entirely their own decision.There may be an argument to say that they are being cajoled with potentially misleading information, but some form of due diligence should be employed, together with a certain level of 'common sense' from the individuals during the process of being made aware of information via HotUKDeals (whether it be on the web site, from a subscribed data feed, e-mail messages, or via social media channels), & confirming payment details during a transaction with a retailer (online or in person).



simonbrowne11/12/2019 12:51

Yest they are …Yest they are https://marketinglaw.osborneclarke.com/advertising-regulation/no-more-28-day-rule-pricing-and-promotions-under-the-spotlight/Yes people should use due diligence etc but the companies that are doing the sale should also not be lying about their claims in the first place. (No better than a snake oil cure for all ailments....they are conmen, nothing else ). It no different if you went to a petrol station and for every litre you paid for you only got 0.9l These practicies have been banned in consumer law for a reason. The seller is lying to the customer and the customer is not being told the truth.....Hopefully you will understand this fact. The fact that HOTUKDEALS "advertise" these sales (in order to make money) is in effect advertising the dodgy sale which is why I contacted ASA about them, ebay and some of the sellers.I have given the information to the asa and my reasons behind why these are false and misleading.HOTUKDEALs in my opinion should not allow pre heating sales untill they go live and put a big disclaimer on the post to say to check prices.I remember a time when promoting your business ie Ebuyer (ithink) would get you banned but now eBay is such a money earner for hotukdeals there is no incentive to do this and they are now flouting their responability to us the consumer.


Do you believe the temperature on a "Deal" indicates or represents anything other than the random subjective views of anybody (that could be bothered to vote) based on any factor not necessarily even connected with the product, the merchant, or the price?
simonbrowne11/12/2019 12:51

Yest they are …Yest they are https://marketinglaw.osborneclarke.com/advertising-regulation/no-more-28-day-rule-pricing-and-promotions-under-the-spotlight/Yes people should use due diligence etc but the companies that are doing the sale should also not be lying about their claims in the first place. (No better than a snake oil cure for all ailments....they are conmen, nothing else ). It no different if you went to a petrol station and for every litre you paid for you only got 0.9l These practicies have been banned in consumer law for a reason. The seller is lying to the customer and the customer is not being told the truth.....Hopefully you will understand this fact. The fact that HOTUKDEALS "advertise" these sales (in order to make money) is in effect advertising the dodgy sale which is why I contacted ASA about them, ebay and some of the sellers.I have given the information to the asa and my reasons behind why these are false and misleading.HOTUKDEALs in my opinion should not allow pre heating sales untill they go live and put a big disclaimer on the post to say to check prices.I remember a time when promoting your business ie Ebuyer (ithink) would get you banned but now eBay is such a money earner for hotukdeals there is no incentive to do this and they are now flouting their responability to us the consumer.


Are they definitely making money from eBay.
I’m asking because they do huge Amazon promotions for example Prime day and they don’t make any money from Amazon.
simonbrowne11/12/2019 12:51

Yest they are …Yest they are https://marketinglaw.osborneclarke.com/advertising-regulation/no-more-28-day-rule-pricing-and-promotions-under-the-spotlight/Yes people should use due diligence etc but the companies that are doing the sale should also not be lying about their claims in the first place. (No better than a snake oil cure for all ailments....they are conmen, nothing else ). It no different if you went to a petrol station and for every litre you paid for you only got 0.9l These practicies have been banned in consumer law for a reason. The seller is lying to the customer and the customer is not being told the truth.....Hopefully you will understand this fact. The fact that HOTUKDEALS "advertise" these sales (in order to make money) is in effect advertising the dodgy sale which is why I contacted ASA about them, ebay and some of the sellers.I have given the information to the asa and my reasons behind why these are false and misleading.HOTUKDEALs in my opinion should not allow pre heating sales untill they go live and put a big disclaimer on the post to say to check prices.I remember a time when promoting your business ie Ebuyer (ithink) would get you banned but now eBay is such a money earner for hotukdeals there is no incentive to do this and they are now flouting their responability to us the consumer.


I also don’t understand your argument.

The deal been offered is the price of the product minus the code. You can getting the discount the code states.

I don’t think it matters that previously the item has been sold for less.

HUKD’s members vote deals hot and cold and voting should always been taken with a pinch of salt how many £1 chocolate orange deals go super hot when they are always sold at £1.

Individuals post deals on here they can’t be know the previous selling price of everything they post.

Because HUKD’s members have decided to vote hot as a collective doesn’t mean its the best price its ever been.

It should however be the best price it is available at that time, as HUKD’s only allow market leading deals
deleted210456811/12/2019 13:06

Comment deleted


Happens all the time though nothing usual there.

Black Friday is for example usually a load of hype.

There were some incredibly deals on the week leading up to Black Friday for example on Zalando then Black Friday / Cyber Monday were a huge disappointment either items were put up in price or sold out.

That just one example from my observation

But Nike did similar.

If you see bargains on here grab them while you can.
Edited by: "myusernamehasgone234" 11th Dec 2019
myusernamehasgone23411/12/2019 13:02

...It should however be the best price it is available at that time, as …...It should however be the best price it is available at that time, as HUKD’s only allow market leading deals


As has been clarified with @juliet_bravo (ex-@Admin) in the past; the best price is not the same as best "Deal".

Price is not the only factor when applying a vote. The price may not even be considered.

For example,...

[ hotukdeals.com/dea…950 ]

It may be the cheapest, but negative votes are being cast because of the artist.
Some may even be voting negatively because of iTunes.
Others, possibly, because "everybody else is doing it".
deleted210456811/12/2019 13:17

Comment deleted


I’m not up on trading or consumer law I’m afraid so can’t comment if rules have been broken by them putting the prices up.

But we see many retailers with fluctuating price all the time.
myusernamehasgone23411/12/2019 13:02

I don’t think it matters that previously the item has been sold for less.


marketinglaw.osborneclarke.com/adv…ht/

"For example, when running a promotion involving a price comparison showing the business’s original price and a discounted price, under the new Guide you will need to be prepared to justify and document the answers to the following questions:

How long was the product on sale at the higher price compared to the period for which the price comparison is made?How many, where and what type of outlets will the price comparison be used in compared to those at which the product was on sale at the higher price?How recently was the higher price offered compared to when the price comparison is being made?Where products are only in demand for short periods each year, are you making price comparisons with out-of-season reference prices?Were significant sales made at the higher price prior to the price comparison being made or was there any reasonable expectation that consumers would purchase the product at the higher price?What many will now find surprising is that when answering those questions, practices that have been widely used by businesses for many years are now deemed under the Guide as “less likely to comply” or, in other words, more likely than not to be viewed as misleading and in breach of the CPUT Regulations.
"


The items were not being sold at a higher price....They were being sold at a lower price which cannot justify.

Ie a item that is £100 and there is a 20% discount so £80 is fine. (and it has been £100 for a while)

to then say you are having a sale of 15% when you have just bumped the price up the day before (or a resonable amount of time ie wa week/ 2 weeks etc) is not...It is a misleading sale.
Edited by: "simonbrowne" 11th Dec 2019
myusernamehasgone23411/12/2019 13:21

I’m not up on trading or consumer law I’m afraid so can’t comment if rules …I’m not up on trading or consumer law I’m afraid so can’t comment if rules have been broken by them putting the prices up.But we see many retailers with fluctuating price all the time.


Yes which is fine ...I get that,,,, But looking at some selleres they vary up and down depending on how much discount is being applied at the time.. ie the price normally (no discounts) is £10....When there is a 10% code it goes up to £11, and when a 20% code is out it goes to £12...and then back down to £10 till the next discount. and repeat with the next code. Most things in business dont change daily and not usually by 10/15/20%.....
Edited by: "simonbrowne" 11th Dec 2019
simonbrowne11/12/2019 14:46

https://marketinglaw.osborneclarke.com/advertising-regulation/no-more-28-day-rule-pricing-and-promotions-under-the-spotlight/"For example, when running a promotion involving a price comparison showing the business’s original price and a discounted price, under the new Guide you will need to be prepared to justify and document the answers to the following questions:How long was the product on sale at the higher price compared to the period for which the price comparison is made?How many, where and what type of outlets will the price comparison be used in compared to those at which the product was on sale at the higher price?How recently was the higher price offered compared to when the price comparison is being made?Where products are only in demand for short periods each year, are you making price comparisons with out-of-season reference prices?Were significant sales made at the higher price prior to the price comparison being made or was there any reasonable expectation that consumers would purchase the product at the higher price?What many will now find surprising is that when answering those questions, practices that have been widely used by businesses for many years are now deemed under the Guide as “less likely to comply” or, in other words, more likely than not to be viewed as misleading and in breach of the CPUT Regulations."The items were not being sold at a higher price....They were being sold at a lower price which cannot justify.Ie a item that is £100 and there is a 20% discount so £80 is fine. (and it has been £100 for a while)to then say you are having a sale of 15% when you have just bumped the price up the day before (or a resonable amount of time ie wa week/ 2 weeks etc) is not...It is a misleading sale.



They aren't stating the previous price it's simply a site wide discount code.

Individual sellers aren't saying the item has been discounted from a previous price.
myusernamehasgone23411/12/2019 15:02

They aren't stating the previous price it's simply a site wide discount …They aren't stating the previous price it's simply a site wide discount code.Individual sellers aren't saying the item has been discounted from a previous price.


Sellected sellers we are talking about.They are all in on it, wheather they say or not. Some give the discount and some dont. There is a dodgy deal between them and ebay to mislead buyers. Ebay put them in the promotion so they can sell more and they put up their prices (along with a "SALE" sign) as no one would be interested in the items normally.
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I had a FREE WILL person around yesterday if you make a donation to a charity..

Trouble was it was not really free and the end cost was about £1800 pounds. will , storage plan, power of attourney, right of occupation etc

Thanksfully due to the law there is a 14 day get out clause ....which is there to protect people.
I'd be interested to find a law which says you can't raise your prices by 20% before a 20% off voucher is released.

Certainly no law quoted in this thread...
eayragt11/12/2019 17:48

I'd be interested to find a law which says you can't raise your prices by …I'd be interested to find a law which says you can't raise your prices by 20% before a 20% off voucher is released.Certainly no law quoted in this thread...


It comes under consumer law


marketinglaw.osborneclarke.com/adv…ht/


Some line from the page.

"Who: Chartered Trading Standards Institute (“CTSI”)

Where: United Kingdom

When: 7 December 2016

Law stated as at: 30 January 2017"


"

"
Only a court can decide if a business has broken the law and the guidance is not intended as a set of rules, instead illustrating whether a given practice is more or less likely to comply with the law. ............"
"


"
The Guide gives examples of the type of corporate behaviour which is generally likely to comply with the law.
"

Edited by: "simonbrowne" 11th Dec 2019
simonbrowne11/12/2019 17:49

It comes under consumer …It comes under consumer lawhttps://marketinglaw.osborneclarke.com/advertising-regulation/no-more-28-day-rule-pricing-and-promotions-under-the-spotlight/Some line from the page."Who: Chartered Trading Standards Institute (“CTSI”)Where: United KingdomWhen: 7 December 2016Law stated as at: 30 January 2017"""…Only a court can decide if a business has broken the law and the guidance is not intended as a set of rules, instead illustrating whether a given practice is more or less likely to comply with the law. ............"""The Guide gives examples of the type of corporate behaviour which is generally likely to comply with the law. "


That's all about price referencing. These sellers are putting their prices up knowing a voucher is being made available to reduce it back down. That's not price referencing. Can't see the relevance? I know it says "only a court can decide", but as this is a different issue I don't think it's relevant (of course, only a court can decide if it is or not...)
I dont know what you are talking about and never heard of that term before. But it does say as I highligted above

"For example, when running a promotion involving a price comparison showing the business’s original price and a discounted price, under the new Guide you will need to be prepared to justify and document the answers to the following questions:

How long was the product on sale at the higher price"


How does that not fit into what is going on here. How can a business justify putting up the price and then giving a "supposed discount" when the guide say they will need to show the original and new price and the old price needs to be higher? The original price is lower. they are as far as I am concerned breaking the law by MISLEADING customers.
Edited by: "simonbrowne" 11th Dec 2019
simonbrowne11/12/2019 18:16

I dont know what you are talking about and never heard of that term …I dont know what you are talking about and never heard of that term before. But it does say as I highligted above"For example, when running a promotion involving a price comparison showing the business’s original price and a discounted price, under the new Guide you will need to be prepared to justify and document the answers to the following questions:How long was the product on sale at the higher price"How does that not fit into what is going on here. How can a business justify putting up the price and then giving a "supposed discount" when the guide say they will need to show the original and new price and the old price needs to be higher? The original price is lower. they are as far as I am concerned breaking the law by MISLEADING customers.

They are not comparing it against the higher price, they are selling it at the higher price, and offering a way of getting a discount. Businesses are allowed to raise prices, and offer discounts.

This article is relevant for:

Sell product for £80 for 4 weeks
Raise price to £100 for 1 day
Reduce price to £80 and advertise it as 20% off

That is not allowed, but that is not happening. In this case the price remains at £100, and they allow a discount voucher to be used. It gets back to the original price, it's not a deal, but there's no comparing against a false inflated price, so this law seems completely irrelevant.
eayragt11/12/2019 19:11

They are not comparing it against the higher price, they are selling it at …They are not comparing it against the higher price, they are selling it at the higher price, and offering a way of getting a discount. Businesses are allowed to raise prices, and offer discounts.This article is relevant for:Sell product for £80 for 4 weeksRaise price to £100 for 1 dayReduce price to £80 and advertise it as 20% offThat is not allowed, but that is not happening. In this case the price remains at £100, and they allow a discount voucher to be used. It gets back to the original price, it's not a deal, but there's no comparing against a false inflated price, so this law seems completely irrelevant.


I sort of see what you mean.... Ie.. I see cornflakes for £1 in tesco but in the newspaper there is a 20p off coupon which is allowed.

But I still think its dodgy ground ....

eayragt11/12/2019 19:11

In this case the price remains at £100, and they allow a discount voucher …In this case the price remains at £100, and they allow a discount voucher to be used.


I take issue with that, as some sellers are putting the price up a day or two early and then giving the code to make it look like a deal...Which is where I take issue and why I think it is underhand. This may be a way around the law but I still think trading standards/ asa would have a issue with it.
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