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Order Cancelled! - Help Required

Stags6969

Stags6969

Registered
Joined
Sep 7, 2018
Messages
801
Location
Mansfield
Alias
Bilbo Stag
I've recently purchased an item off of the internet, from a company that have been trading on the internet/TV for numerous years. The item was in a flash sale for 1 hour and was discounted by approx. £900
I received an email confirming my purchase and an order number for said item.
I've checked today when the item is going to be delivered only to see Status: Cancel on the order.
After a very lengthy phone conversation with their customer service department, I was told it was a system error and the discount was incorrect, that is the reason for the cancellation.
The item is now back on the website for the full amount.

Do I have any legal rights to the item at the price I received order confirmation for?
If so, how do I proceed to secure this?

I tried to speak to someone of higher rank, but after being put on hold 4 different times I was told that he wasn't authorised to do that.
 
Stags6969 said:
I've recently purchased an item off of the internet, from a company that have been trading on the internet/TV for numerous years. The item was in a flash sale for 1 hour and was discounted by approx. £900
I received an email confirming my purchase and an order number for said item.
I've checked today when the item is going to be delivered only to see Status: Cancel on the order.
After a very lengthy phone conversation with their customer service department, I was told it was a system error and the discount was incorrect, that is the reason for the cancellation.
The item is now back on the website for the full amount.

Do I have any legal rights to the item at the price I received order confirmation for?
If so, how do I proceed to secure this?

I tried to speak to someone of higher rank, but after being put on hold 4 different times I was told that he wasn't authorised to do that.
Click to expand...
No. It's an invitation to treat. No more, no less.
 
So just a genuine mistake on their part, without the decency to inform the purchasers that their order has been cancelled due to a system error.
Nothing more sinister?
 
Stags6969 said:
So just a genuine mistake on their part, without the decency to inform the purchasers that their order has been cancelled due to a system error.
Nothing more sinister?
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It doesn't really matter either way. They aren't bound to it, and that's the point. If they make a pricing error they don't have to honour it. If they just decide that actually it's underpriced, again they don't have to honour it.
 
Contract law. Offer and acceptance.
You made the offer to purchase.
They refused to accept.
Hence no contract (unfortunately for you).
 
Paul R Owen said:
Contract law. Offer and acceptance.
You made the offer to purchase.
They refused to accept.
Hence no contract (unfortunately for you).
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Surely they accepted my offer when they sent me an order confirmation??
Then reneged it?
 
The main thing is you got your money back?
Could be worse and you preordered a pinball machine from a startup pinball company 😱
 
Chris P said:
The main thing is you got your money back?
Could be worse and you preordered a pinball machine from a startup pinball company 😱
Click to expand...
If the item had arrived at home, it may have given me free reign to purchase another pinball though 🤬
 
Stags6969 said:
I've recently purchased an item off of the internet, from a company that have been trading on the internet/TV for numerous years. The item was in a flash sale for 1 hour and was discounted by approx. £900
I received an email confirming my purchase and an order number for said item.
I've checked today when the item is going to be delivered only to see Status: Cancel on the order.
After a very lengthy phone conversation with their customer service department, I was told it was a system error and the discount was incorrect, that is the reason for the cancellation.
The item is now back on the website for the full amount.

Do I have any legal rights to the item at the price I received order confirmation for?
If so, how do I proceed to secure this?

I tried to speak to someone of higher rank, but after being put on hold 4 different times I was told that he wasn't authorised to do that.
Click to expand...
You may have a case. You need to check their t&c's, which might address pricing error. If not and you had no reason to think it was an error then they are probably bound. You dont need to have paid anything - you had agreed to pay the consideration. If the t&Cs are silent on it I would write to them, giving 7 days to honour the contract or face a claim. Then issue online - form N1 at gov.uk. It'll only cost you a few quid and you can do it yourself. Could be fun!

Tom
 
...and check the T&Cs for wording about when the contract is made. It might say it is on dispatch of goods, which scuppers things for you unless you want to claim unfair terms or false advertising - all a lot messier and probably more hassle than you need.
 
DevilzAvocado said:
...and check the T&Cs for wording about when the contract is made. It might say it is on dispatch of goods, which scuppers things for you unless you want to claim unfair terms or false advertising - all a lot messier and probably more hassle than you need.
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Thanks for that. I’d do some digging
 
@Stags6969 - you have no legal right for them to sell you anything. Even if you paid the full non discounted amount. As long as they return the payment they can pretty well do what they want.

If a shop has a price tag on an item that is incorrect, contrary to belief they can withdraw the said item from sale. They do not have to sell it you for that price. It is common for the public to swap over ID tags and price cards. Then take it to the till and kick up a stink.
 
Pick Holder said:
@Stags6969 - you have no legal right for them to sell you anything. Even if you paid the full non discounted amount. As long as they return the payment they can pretty well do what they want.

If a shop has a price tag on an item that is incorrect, contrary to belief they can withdraw the said item from sale. They do not have to sell it you for that price. It is common for the public to swap over ID tags and price cards. Then take it to the till and kick up a stink.
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That's the invitation to treat for retail. Online it's different.
 
Yeah thanks everyone.
I think the wife has got over it now. It was a lovely Colombian Emerald ring. Hey ho.
Checked their T&Cs and they class the order as being accepted by them once the item has been delivered to the customer.
Was hoping for some Brownie points, will have to find another way of gaining them 😉
 
Pick Holder said:
I can assure you it is not. Unless the item has been dispatched.
Most companies somewhere on the site have protection clauses on the websites in T&C - you do have to search for them.....
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Boots cash chemist - which I think you know- only really works for bricks and mortar. As you say, t&cs apply
 
The Unfair Contract Terms Act (UCTA) 1977 regulates contracts by limiting the extent to which one party can avoid liability through use of exclusion clauses such as disclaimers. It applies to exclusion terms within the majority of contracts, including notices that would bring into existence contractual obligations.
 
what you could do is a sob story about it was a gift and blah blah as a good will measure what deal can you give me?
 
get on twitter and kick up a stink about them. they might offer you something to shut you up, or forget about it and put the money you saved towards a new pinball (and possibly a divorce).
 
AlanJ said:
get on twitter and kick up a stink about them. they might offer you something to shut you up, or forget about it and put the money you saved towards a new pinball (and possibly a divorce).
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Going to move on Alan and like you said keep it in the pinball fund. It's only a ring 🤣🤣
 
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