Are they allowed to do this?

Stuff · 20 Oct 2009 at 20:25

Hey guys,

I recently ordered some RAM from a competitor. It was at a very good price, so I didn't hesitate to order, even though I've never used the site before. This was about 5 days ago.

I got an email today saying:

Hi

Thank you for your order #xxxxxxxxxxxxxx

The below item ordered by you was on a special offer price, but unfortunately before your order came on systems all pieces got booked and hence we are sorry to inform that we cant process your order at the same price

1x xxxxxxxxxxxxxxxx

We can now get the new stock at price of £ (Price I paid+£40) ex VAT and the same is updated on our website now

Please let us know if you would like to :

* send the item at the correct price (Can be delivered in 3-5 days )
* replace the item with an alternative (please suggest )
* cancel the order

Our apologies for the inconvenience caused to you

Thank you

Are they legally allowed to do this? They took my money out on the day I ordered it.. Does that mean I've entered into a contract with them and they have the obligation to deliver the product at the price I paid?

Also, I'm not very impressed at how unprofessional the email is. I've never used the store before, but it seems like quite a big operation...

whitecrook · 20 Oct 2009 at 20:27

Camelpaw said:
Does that mean I've entered into a contract with them and they have the obligation to deliver the product at the price I paid?

no. they have given you the options. if you don't want to pay the price, just get a refund.

Dano · 20 Oct 2009 at 20:29

whitecrook said:
no. they have given you the options. if you don't want to pay the price, just get a refund.

Not sure it's that cut and dried, they took the funds, contract formed I'd have thought?

Volcs · 20 Oct 2009 at 20:30

They've no legal obligation.

Fenris · 20 Oct 2009 at 20:31

Yes they are and No they don't.

Either ask for a refund or pay the updated price.

Pez · 20 Oct 2009 at 20:32

I'm fairly sure that if they took the cash, then thats that?

Sinque · 20 Oct 2009 at 20:32

Yup, they don't have to honour special offers as far as I am aware!

Bear · 20 Oct 2009 at 20:33

I cant see anything wrong with what they have done at all. They obviously bought in a load of stock and wanted to get rid of it at a certain price and sold out of it. You ordered, but they found they were sold out. They have given you a choice of what you can do which includes cancelling the order which should mean you will get a refund. I dont know what you are bitching about besides missing out on a deal.

Stuff · 20 Oct 2009 at 20:34

Sinque said:
Yup, they don't have to honour special offers as far as I am aware!

There was nothing on the website to indicate a special offer or limited-time price.

Bear said:
I cant see anything wrong with what they have done at all. They obviously bought in a load of stock and wanted to get rid of it at a certain price and sold out of it. You ordered, but they found they were sold out. They have given you a choice of what you can do which includes cancelling the order which should mean you will get a refund. I dont know what you are bitching about besides missing out on a deal.

I'm not bitching about anything, I'm asking the people for their opinions on the matter. No personal attacks!

Edit: You'd also think they'd honour it at the price I have already paid simply for good business practice and customer relations.

PardonTheWait · 20 Oct 2009 at 20:36

ooo handbags

Dark_Angel · 20 Oct 2009 at 20:37

Relax guys, no need to get frustrated.

GHz · 20 Oct 2009 at 20:38

Dano said:
Not sure it's that cut and dried, they took the funds, contract formed I'd have thought?

This.

Reply back saying you ordered them at that price and they took that amount of money so are as good as sold.

If they wont go ahead with the delivery then tell them you will take your custom elsewhere and make a complaint to whoever might be interested, such as OFT.

Stuff · 20 Oct 2009 at 20:40

GHz said:
This.

Reply back saying you ordered them at that price and they took that amount of money so are as good as sold.

If they wont go ahead with the delivery then tell them you will take your custom elsewhere and make a complaint to whoever might be interested, such as OFT.

That's exactly what I've done. I'm hoping they'll honour their side of the deal purely so I don't tell everyone I know how **** this website is and never to use it.

mac1st3 · 20 Oct 2009 at 20:41

Camelpaw said:
There was nothing on the website to indicate a special offer or limited-time price.

I'm not bitching about anything, I'm asking the people for their opinions on the matter.

Edit: You'd also think they'd honour it at the price I have already paid simply for good business practice and customer relations.

wow, making friends for yourself already

but no, they don't have to honour it, most places have a little disclaimer stating the management can choose to change the prices whenever they want etc, same as stores can refuse service if they're feeling bored/vindictive

Raikiri · 20 Oct 2009 at 20:43

GHz said:
This is wrong.

Fixed.

They have no obligation to honour the price, even if they've taken the money. It will almost certainly be in their T&Cs.

Stuff · 20 Oct 2009 at 20:44

mac1st3 said:
wow, making friends for yourself already

Aye, 'cos I care so much about what you guys think of me

Energize · 20 Oct 2009 at 20:44

Bear said:
I cant see anything wrong with what they have done at all.

Other than withdrawing funds from someones account with no intention of honouring the contract resulting in lost interest and a delay in recieving the product?

Dark_Angel · 20 Oct 2009 at 20:46

Camelpaw said:
Aye, 'cos I care so much about what you guys think of me

If you come here asking for advice, and expect to receive any then I suggest you do care what people here think of you...

Volcs · 20 Oct 2009 at 20:49

Energize said:
Other than withdrawing funds from someones account with no intention of honouring the contract resulting in lost interest and a delay in recieving the product?

It's not great customer service but it's not in breach of any trading law.

JonJ678 · 20 Oct 2009 at 20:49

It sounds too much like a con to me. Such as offering to sell it well below what they're willing to, in order to trap the customer into a sale he didn't really want to be in. However as they are offering the opportunity to just take the refund, I'd go with that and buy from ocuk instead.

Alternatively you can take this as an invitation to haggle, and you may well get somewhere if you call. At the least you stand a reasonable chance of working out if it was an honest mistake on their part or not.

edit: If the offer of a refund was not on the tables, is it correct to say that they would then be in breach?