Goods 'dispatched' but not shipped - legals

The Running Man

The Running Man

The Running Man

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Hi so i ordered a ps4 on offer and the order went ti dispatched (email confirmation) amd my account says shipped. They took the money but tiday i enquired as to why it hadn't been delivered yet and they say they cancelled my order due to stock.

Compensation offered is laughable. The manager will call me tomorrow.

is this a breach of contract? Did that get formed upon dispatch notification?
 
Surely contract was formed when payment was taken.

However, as mentioned I bet the sale itself has T&Cs presented to you which let them get out of it.
 
Technically the contract of sale was made when they took money ( thereby accepting your offer to purchase ).

Ultimately they will only be liable to refund you, no legal obligation to offer compensation ( unless they deem good will is necessary ).
 
Unless the item has physically shipped then all they are expected to do is either put you back in the position you were before ordering (which in limited cases can include things like car fuel costs) or fulfil the contract and compensation would be a good will gesture.
 
[TW]Fox;30072178 said:
Compensation for being out of stock of a PS4?!
Click to expand...

They have stock, they just won't honour the £149.99 with Fifa 17 deal and instead want £250.

Had I known on Friday (I ordered on Thursday and relieved my dispatched notification on Thursday) I could have bought one for the same price elswhere. Now the deal is gone.

Edit for co pens action I want them to ship me a ps4 for 149 as per the deal when I ordered nothing more or less. They should have cancelled before giving me a dispatch notification, my account still says status 'shipped'
 
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Why don't you read the T&Cs of the supplier? For example, Game says this:

Acceptance of your order and the formation of a contract between you and Us will take place when We send you an email confirming that the products you have ordered are being dispatched to you
Click to expand...

So if this were Game the dispatch email would be the point where a contract has been formed.
 
if it was a mistake price you will prob just get a refund

however if it was a genuine offer and a contract was formed you could persue "loss of bargain" for the difference it will cost you to buy elsewhere, might be a tricky process though
 
Suck it up and move on. Unless you physically have taken delivery of the product I don't think there is much you can do.
 
I had something not too dissimilar happen to me last black friday.

It was when the Sandisk 1TB SSD offer was on for £150.

I purchased by buy now pay later and everything went through as approved, even the retailer got an approval message from them.

1-2 days later, they sent me an email apologising that there had been a mistake in their system and I had actually be declined for their finance.

I sent a complaint and tried to get the retailer to honour the deal afterwards, but they wouldn't as it was a 1-day only thing for black friday and all stock had been sold.

The complaint to the finance company came back fruitful though... as their mistake had left me out of pocket... I got a cheque in the mail a month later to cover the difference of the offer price to the current market price.

I would expect something similar from the company you ordered from... especially as it was a deal that they weren't the only retailer offering, they sent the dispatch notification (which as per their T&Cs confirms the contract formed).

This is because had they shown they were out of stock or not allowed orders... on the same day, you could have got the same deal from elsewhere without their error.

I would continue to pursue it... either for them to honour the original deal (which is probably the cheaper option for them) or to compensate you for the difference in purchase price.

You might have to follow their official complaints procedure, but they've breached contract - so you won't have any issues winning - even if you have to take it further.

There was a similar, even though completely different market and value, test case in the news a few months ago... a guy who had pre-ordered the new Porsche 911 GT3RS and had confirmation that he would receive the first car from their stock. They later sold it to someone else and he was able to take them to court and win about £80k to cover the difference in purchase price between what he had been promised and paid the deposit for and what they were currently selling for.
 
Pudney said:
Why don't you read the T&Cs of the supplier? For example, Game says this:



So if this were Game the dispatch email would be the point where a contract has been formed.
Click to expand...

Wonderful, thanks.

The pricing wasn't the mistake it was a genuine deal, but the deal only lasted for 2 days.

As you guys state I might be able to peruse the loss of bargain route. Great info. I await the manager to call me to discuss. And I will use this info to try to cut a deal,or just keep escalating until I get somewhere.
 
Isn't the crux of any argument that at the end of the day, contracts formed, contracts broken, so long as the purchaser is left in no worse position than before the contract is formed, everything is "legally" OK?
So customer pays, items not dispatched, wrong items sent - as long as the customer isn't out of pocket, so all of his money refunded, then everything is OK?

Doesn't really sound fair I know. With regards the PS4's many people secured 2-3 of them. Not everyone was looking to make a profit, people just wanted to make sure they actually got one!
 
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