Goods 'dispatched' but not shipped - legals

The Running Man · 5 Oct 2016 at 09:11

stoofa said:
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!

Im worse off in the sense i could have ordered one elsewhere had they informed me of the cancellation i could habe got one elsewhere. My account still says shipped. Only because i chased my order last night did i find that they wanted to cancel.

Tefal · 5 Oct 2016 at 09:11

stoofa said:
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!

except due to it being a timed offer across multiple retailers he is now 100 worse off if he wants to but the product

Adam · 5 Oct 2016 at 09:14

Let it go. I see all the outraged legal experts on HUKD going mad that they didn't get a PS4 because there was only limited stock. It's embarrassing. Sometimes you win, sometimes you don't. On this occasion you lost out. Time to move on with your life.

Brizzles · 5 Oct 2016 at 09:30

Do you have proof that you could have got the PS4 elsewhere at the time you mention ?

To pursue loss of bargain, you would need to show/prove that another supplier had stock available and that you could have successfully secured that item ( not just placed an order in the hope that they had stock, like in this instance ).

I understand your frustration, but you need to back up your ' i could have ordered elsewhere ' with some evidence.

xyphic · 5 Oct 2016 at 09:30

Adam said:
Let it go. I see all the outraged legal experts on HUKD going mad that they didn't get a PS4 because there was only limited stock. It's embarrassing. Sometimes you win, sometimes you don't. On this occasion you lost out. Time to move on with your life.

Normally I'd agree with you, but in this case I feel that OP has a valid point. I know that stock systems are tricky, but if there was stock at the point of ordering, and it got to the point whereby they took payment, a claim of "no stock" doesn't fly and the retailer ought to be held accountable, especially if they now magically have stock available at the higher price.

A similar thing happened to me recently. A warehouse retailer had an excellent offer on a steering wheel gaming peripheral, but nowhere in my area had any stock of it. Magically, overnight the offer expired and suddenly stock of the product was abundant everywhere. The claim of "no stock" was actually "no stock at the offer price". The offer was not advertised as limited, and not advertised as in specific locations only. They clearly just didn't want to be cleared out at the lower price, and it seems that OP has encountered the same sort of situation.

It's all a bit shady and I think the OP is entitled to his PS4 at the price offered.

Jono8 · 5 Oct 2016 at 09:51

Is it really worth the potential time and hassle? You will no doubt be able to get a slim ps4 bundle for around £200 come black friday/run up to xmas.

Or put the money towards a ps4 pro.

It wasnt even that great a deal unless you got the 1tb two games and extra controller or £179 deal.

booyaka · 5 Oct 2016 at 09:52

compensation/breach of contract etc - christ on a bike - it's a PS4 for god sake. calm down and get on with your life.

Tefal · 5 Oct 2016 at 10:05

Jono8 said:
Is it really worth the potential time and hassle? You will no doubt be able to get a slim ps4 bundle for around £200 come black friday/run up to xmas.

Or put the money towards a ps4 pro.

It wasnt even that great a deal unless you got the 1tb two games and extra controller or £179 deal.

well its a £100 quid difference.

how long does it take you to earn £100 after tax?

Rifte · 5 Oct 2016 at 10:05

Don't be that guy.

Jono8 · 5 Oct 2016 at 10:08

Tefal said:
well its a £100 quid difference.

how long does it take you to earn £100 after tax?

Right now yes, but there will be deals on the new consoles soon though which will make the great old ps4 sell off prices look fairly average.

Dont get me wrong i would be annoyed too but ultimately there is little he can do if the retailer plays hardball.

Would you go to small claims court and try for loss of bargain on a £150 ps4? I certainly wouldn't.

Tefal · 5 Oct 2016 at 10:13

Jono8 said:
Right now yes, but there will be deals on the new consoles soon though which will make the great old ps4 sell off prices look fairly average.

Dont get me wrong i would be annoyed too but ultimately there is little he can do if the retailer plays hardball.

Would you go to small claims court and try for loss of bargain on a £150 ps4? I certainly wouldn't.

who said anythign about court, justarguing with game for 20 miniutes will likley sort it.

Jono8 · 5 Oct 2016 at 10:24

Tefal said:
who said anythign about court, justarguing with game for 20 miniutes will likley sort it.

I thought he had already argued the toss with the retailer, hence the thread.

To op- are you sure they still have stock of the old ps4?

ScottyJKB · 5 Oct 2016 at 10:46

Caged said:
They owe you a refund and that's all.

+1 Annoying, but I highly doubt compensation will be offered.

The Running Man · 5 Oct 2016 at 11:47

Jono8 said:
I thought he had already argued the toss with the retailer, hence the thread.

To op- are you sure they still have stock of the old ps4?

No i chatted with their online chat to see where delivery was at. They looked into it and said ugh we will have to cancel your order. I said that's not ideal and they said a manager would call me. So i said great here's my number. I posted this thread to understand my legal position before they called me back.

I am a long term customer, maybe 10-15 years. If they had cancelled the order on the day i could have picked one up from Tesco like my mate on Friday morning - but as mine said shipped i was expecting delivery.

T

Jono8 · 5 Oct 2016 at 11:50

The Running Man said:
No i chatted with their online chat to see where delivery was at. They looked into it and said ugh we will have to cancel your order. I said that's not ideal and they said a manager would call me. So i said great here's my number. I posted this thread to understand my legal position before they called me back.

I am a long term customer, maybe 10-15 years. If they had cancelled the order on the day i could have picked one up from Tesco like my mate on Friday morning - but as mine said shipped i was expecting delivery.

T

Do they definitely still have stock?

Adam · 5 Oct 2016 at 13:17

I'm aware of the deal you are referring to and managed to get 2 myself.

There must come a time when you have to say I was unsuccessful and stop wasting any more energy on this. Yes you were unlucky and game were wrong but you aren't going to suddenly get them to sell it to you at that price if they said no already, you might get a voucher as a gesture of goodwill but is it worth it?

Surfer · 5 Oct 2016 at 13:21

if you ordered and paid for the console at the deal price when the deal was on then you are entitled to receive it at that price. Once they have taken monies and you even received a despatched notice they dont have a leg to stand on. If you are happy to wait they should still sell you the deal price console when they have stock (even if said deal is no longer available because you have already paid etc etc)

Jono8 · 5 Oct 2016 at 13:25

Surfer said:
if you ordered and paid for the console at the deal price when the deal was on then you are entitled to receive it at that price. Once they have taken monies and you even received a despatched notice they dont have a leg to stand on. If you are happy to wait they should still sell you the deal price console when they have stock (even if said deal is no longer available because you have already paid etc etc)

If they have stock then I agree they should still send him one at the price ordered.

I am willing to bet that they genuinely do not have stock of that model anymore (like every other retailer).

Some might be found in warehouses every now and then but the cheap old models have essentially all gone.

V F · 5 Oct 2016 at 13:27

Rifte said:
Don't be that guy.

Kuros · 5 Oct 2016 at 13:53

Yeah, I don't think you'll be able to argue the toss with this one.

I think some companies actually list it the contract being formed the moment the product is delivered.

I can genuinely believe that they've had an influx of orders that easily outstripped their supply and that they don't have stock to fulfil. Bad stock management or w/e, if this is the case there's no will in the world that would magic a replacement into existence.