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FreemanX - Terrible Service and Unfair Terms. Don't use them.

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  • drelly
    Fanatical
    • Jan 2004
    • 5838

    #1

    FreemanX - Terrible Service and Unfair Terms. Don't use them.

    FreemanX is one of those companies that sell experiences like car racing or jumping out of planes. It all sounds great until they can't fulfill their end of the deal. Their terms and conditions are really biased toward them and FreemanX try to assert that they will not give refunds but instead offer an alternative experience. My Wife and I bought a trip on a sailing ship in the Bay of Islands but it turns out that when we wanted to use it (during the period of the voucher), the boat is out of the water. Not great for us as my Wife is pregnant and due in November, so we don't want to delay it. I emailed the information below asking for a refund but have received no response.

    If FreemanX can’t supply the experience in the time period we purchased the voucher they should give a refund. Simple.

    FreemanX suggest we do something else. If we had wanted to do something else, we would have bought something else.

    They directed us to their terms and conditions but I believe FreemanX are trying to contract out of existing Government legislation.

    Under the Consumer Guarantees Act;

    Goods or services must be fit for the purpose intended.
    You are unable to supply the activity in the time period of the voucher.

    Goods or services must match their description.
    Another activity is not what we bought.

    Services must be provided within a reasonable time.We do not intend to wait months beyond the time of the voucher expiry, whether FreemanX allow it or not.


    Under the Fair Trading Act;
    False or misleading information: The activity is not available as it says it is on the vouchers

    I believe that the FreemanX terms and conditions mislead consumers as to their rights under these acts. It is unreasonable to expect someone to accept an activity they did not wish to do because FreemanX can’t provide the one they want. If I bought a TV and it wasn’t available, I wouldn’t want a half dozen microwaves instead!

    I suggest you avoid FreemanX and just go direct to the supplier.

    Dave Smyth
    Last edited by drelly; 11-06-2012, 01:59 PM. Reason: Added name
    You can find me at: Energise Web Design
  • spaceman
    Banned
    • Feb 2004
    • 2817

    #2
    I'm guessing they are doing a fairly standard bluff, that a lot of businesses try to run on their customers.

    You're covered buy the consumers guarantees act regardless if they like it or not....in much the same way that you can't opt out of the RTA the CGA is the same (apart from some exceptions...which of course are laid out in both of the acts)

    A lot of businesses rely on the consumers not being aware of their rights and run the bluff that you aren't entitled to a refund.....you are....of course there are exceptions like the oft quoted "we don't have to provide a refund if you change your mind" which clearly doesn't apply.

    Frankly I find it incredulous that a business can sell a service/product and then being unable to supply that service/product wouldn't simply give a refund let alone some kind of sweetener to entice that customer back........that's a pretty piss poor business model in my book haven't they heard of "fans" and "well-poisoners"???

    Cheers
    Spaceman

    Comment

    • drelly
      Fanatical
      • Jan 2004
      • 5838

      #3
      Originally posted by spaceman View Post
      Frankly I find it incredulous that a business can sell a service/product and then being unable to supply that service/product wouldn't simply give a refund let alone some kind of sweetener to entice that customer back........that's a pretty piss poor business model in my book haven't they heard of "fans" and "well-poisoners"???
      There are Sooooo many places to put up reviews about this sort of thing... so many!
      You can find me at: Energise Web Design

      Comment

      • donna
        Administrator
        • Aug 2003
        • 10069

        #4
        A lack of regulation I suggest - you can take them to the small claims tribunal though that would probably be a waste of time as you'd be persuaded to take their remedy - e.g. another trip or ride
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        Comment

        • spaceman
          Banned
          • Feb 2004
          • 2817

          #5
          ^lolz ......and you can even pay a nice 3rd world chap a pittance to post it over and over and over again, thus avoiding have to get past all those pesky captcha's.....or DIY as a sort of meditative anger release therapy

          Cheers
          Spaceman

          Comment

          • drelly
            Fanatical
            • Jan 2004
            • 5838

            #6
            Originally posted by spaceman View Post
            ^lolz ......and you can even pay a nice 3rd world chap a pittance to post it over and over and over again, thus avoiding have to get past all those pesky captcha's.....or DIY as a sort of meditative anger release therapy
            I have always wondered how effective negative SEO is. I have heard from others that it does work even though Google deny it.

            Originally posted by donna View Post
            A lack of regulation I suggest - you can take them to the small claims tribunal though that would probably be a waste of time as you'd be persuaded to take their remedy - e.g. another trip or ride
            For some reason, pregnant chicks don't want to go bungy jumping or heli-skiing! Women... can't please them!
            Last edited by drelly; 11-06-2012, 03:38 PM.
            You can find me at: Energise Web Design

            Comment

            • drelly
              Fanatical
              • Jan 2004
              • 5838

              #7
              Oh dear... they replied saying that as the activity was available during part of our vouchers lifetime, and we had plenty of opportunity to do it then. They again offered to let us do it in November when the boat is back in the water but I can't convince the Wife that the day we go on the boat is unlikely to be the same day she's giving birth.

              Negative review added to their Google page...

              You can find me at: Energise Web Design

              Comment

              • drelly
                Fanatical
                • Jan 2004
                • 5838

                #8
                I thought you might find it amusing how far this looks like going...

                Send to FreemanX as I have not yet received a refund.
                Originally posted by Me
                Please refund our vouchers (xxxxxxxxxx and xxxxxxxxxx) to account: xx-xxxx-xxxxxx-xx.

                Bad reviews added to...
                11/6/12 - Property Talk
                12/6/12 - Google+
                13/6/12 - Finda x2
                14/6/12 - http://www.productreview.com.au/p/freemanx.html
                Originally posted by Justin Croy from FreemanX
                Hi Dave,
                Thanks for your email.
                As mentioned in my previous correspondence I am happy to extend you voucher at no cost so you may book this trip for next season, however I am not able to offer you a refund.
                Originally posted by Me
                Hi Justin,

                As I explained in my previous email. I believe FreemanX are breaking the law.
                If you don’t have the authority to give me a refund, pass it on to someone who can.
                I will continue to post bad reviews about FreemanX online for as long as it takes to get my money back. When I run out of websites to put reviews on, I will create websites specifically for the purpose.

                When I get bored of making websites, I will make videos and put them on YouTube, create facebook pages, send out viral emails or contact media outlets who will be more than happy to publicise the lengths a pissed-off consumer like myself will go to when they encounter such sh!t service.
                FreemanX Vouchers Review - Bad Service Warning
                Last edited by drelly; 15-06-2012, 09:54 AM.
                You can find me at: Energise Web Design

                Comment

                • Maccachic
                  Fanatical
                  • Jul 2011
                  • 2759

                  #9
                  Brillant!!! I need to do this with a TM seller I have issues with.

                  Have you tried the commerce commission?

                  Comment

                  • drelly
                    Fanatical
                    • Jan 2004
                    • 5838

                    #10
                    Originally posted by Maccachic View Post
                    Brillant!!! I need to do this with a TM seller I have issues with.

                    Have you tried the commerce commission?
                    Yes, I have already laid a complaint with them. They tend to agree with me that their terms are "unusual" and they have had other complaints about FreemanX but they are unable to do much. Not sure what they are for as they seem to have no teeth? Today I emailed Eddie Freeman, who is the sole director of FreemanX. No response. If nothing happens in a week or so, I'm going to start contacting every company that FreemanX offer vouchers for and complain about the service FreemanX offer.
                    You can find me at: Energise Web Design

                    Comment

                    • Avalon
                      Opinionated
                      • Oct 2006
                      • 241

                      #11
                      Wow - and people think I can get testy when someone rips me off! I am officially impressed - and taking notes. I may even take another stab at blogging about just how badly Agile Property Services (Eric Voice) ripped me off. Clealry leaving just one bad review was taking it easy

                      BTW - if you want to complain to the commerce commission and have them actually do something - make sure you complain about mobile phone companies - Vodafone / Telecom. They actually pay attention to that - but not to much else.

                      Best of luck - go get 'em.

                      Helen Winterbottom
                      Last edited by revdev; 18-06-2012, 08:03 PM. Reason: added name

                      Comment

                      • Xav
                        Addicted
                        • Sep 2006
                        • 890

                        #12
                        Good job Drelly. You are clearly in the right here in my view, and no one else seems to disagree. Stupid of them not to just offer a refund really, although there is negative stuff about them in a number of places already, http://www.tripadvisor.com/ShowTopic...w_Zealand.html or http://www.productreview.com.au/p/freemanx.html for example.

                        Also in that first link you will see someone else tried to complain to the Commerce Commission by email but didn't get a response

                        Comment

                        • Perry
                          Geriatric
                          • Sep 2004
                          • 16861

                          #13
                          The difference between CommComm and CommConn
                          can be rather subtle, at times. When pressure is on
                          from Blenglish and co to get government expenses
                          down, don't expect any attention to be paid to small
                          fry. Little complaints don't generate the soothing media
                          noises that lull the W'gton woodenheads.

                          Comment

                          • drelly
                            Fanatical
                            • Jan 2004
                            • 5838

                            #14
                            Thanks for the feedback... FreemanX have stopped responding to my emails now. I even gave them a week to think about it while I was away! The trouble is that they think I'm just complaining about the money but it's now turned into a crusade because they have pissed me off. Here's my email to them today...

                            As I have still not received a refund, I have contacted Fullers asking them to reconsider allowing you to offer vouchers for their company.

                            I am also continuing to add negative reviews about FreemanX to various websites (see below) and the list is getting longer.

                            Please refund our vouchers (xxxxxxxx and xxxxxxxx) to account: xx-xxxx-xxxxxxx-xx.

                            Should a refund not be forthcoming, I will continue to contact companies you represent and alert them to your poor service standards.

                            If this still does not result in a refund, my next course of action will be the Disputes Tribunal, where I will name Eddie Freeman as the respondent in my application. Should the hearing go in my favour and no payment is received, I will lodge an Order of Examination, where Eddie will be summonsed to a meeting to determine his ability to pay. If he does not attend, a bailiff would be dispatched to enforce attendance.

                            -------------- bad reviews added--------------------
                            Property Talk: http://www.propertytalk.com/forum/showthread.php?31084
                            Google+
                            Finda
                            FreemanX: 1.5 out of 5 stars from 27 genuine reviews on Australia's largest opinion site ProductReview.com.au.

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                            You can find me at: Energise Web Design

                            Comment

                            • Perry
                              Geriatric
                              • Sep 2004
                              • 16861

                              #15
                              Note to self: "don't piss David off."

                              Comment

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