Goods 'dispatched' but not shipped - legals

Kuros said:
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.
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It really doesn't matter what some companies do. It only matters what this company does. And as I posted earlier in the thread if the supplier was Game then the OP would have a legal contract with them.

If there is a legal contract there are many things the OP could do (whether he'll want to do them is another matter). But to say that "I don't think you'll be able to argue the toss" is misleading and potentially factually incorrect depending on the specific circumstances. UK contract law is a wonderful thing and has an international reputation for fairness and predictability for protecting both parties.
 
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?
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No the legal remedy is to put the purchaser in the position that they would have been in had the contract been performed, not the position they were in before the contract.
 
Energize said:
No the legal remedy is to put the purchaser in the position that they would have been in had the contract been performed, not the position they were in before the contract.
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Only if the item has despatched - the actual nature of which might vary a bit depending on the terms and conditions which in this case it looks like Game has screwed up.
 
Just asked the solicitor at work, before I posted to confirm

If the contract has been formed, then they need to put him into the same position as if they had performed the contract. IE he needs to end up with a PS4 without being out of pocket.
If the contract hasn't been formed then they do not need to do anything.

Its definately a grey area online as to when the contract is formed. But if their T&Cs mean they have formed the contract its not open for dispute.
Some places I believe treat shipment as completion. Its all down to when the goods change hands, or you can prove they have.
 
Mercenary Keyboard Warrior said:
Just asked the solicitor at work, before I posted to confirm

If the contract has been formed, then they need to put him into the same position as if they had performed the contract. IE he needs to end up with a PS4 without being out of pocket.
If the contract hasn't been formed then they do not need to do anything.

Its definately a grey area online as to when the contract is formed. But if their T&Cs mean they have formed the contract its not open for dispute.
Some places I believe treat shipment as completion. Its all down to when the goods change hands, or you can prove they have.
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I suppose it would also depend on whether just saying it has shipped is the same as actually shipping it. Game's terms state that the contract is formed when they EMAIL you that the item has been despatched. Did the OP get an email?

Regardless, hopefully he has taken advantage of Game's generous offer for the slim now.
 
Jono8 said:
I suppose it would also depend on whether just saying it has shipped is the same as actually shipping it. Game's terms state that the contract is formed when they EMAIL you that the item has been despatched. Did the OP get an email?

Regardless, hopefully he has taken advantage of Game's generous offer for the slim now.
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Yeah its the proof bit that's the issue. Once they have taken payment and allocated the physical goods then that's the point the contract should form if it hasn't before. But as a consumer you can't prove that point as its invisible, notification of shipment is the first point after that physical allocation that you can really claim ownership of the goods, unless by their own T&Cs they have given you the ownership before.
 
Mercenary Keyboard Warrior said:
Yeah its the proof bit that's the issue. Once they have taken payment and allocated the physical goods then that's the point the contract should form if it hasn't before. But as a consumer you can't prove that point as its invisible, notification of shipment is the first point after that physical allocation that you can really claim ownership of the goods, unless by their own T&Cs they have given you the ownership before.
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I'm a bit surprised at Game's T&C (unless things have changed recently in terms of regulations, etc.) and/or process as it leaves them a bit open in situations like this - most places I've worked lock themselves down on this aspect so that the customer only has redress under contract at the last possible moment.
 
Hi guys, so a quick update. Finally got through to the company this afternoon and they offered me a remedy, which I ave accepted which now means I have waived my right to further legal action against them:)) well worth an hour in hold. Thanks all who believed!!
 
I had a good one today - Smyth's Toys won't let me cancel my South Park: Fractured But Whole pre-order as it has already been 'dispatched'. I have to refuse delivery at the door instead.

The game isn't out until 31st March 2017! Pointed this out, but nothing they can do apparently. Bunch of useless morons. Only asked to cancel it because they overcharged my for X-Com 2 and are refusing to refund me.

In the incredibly unlikely event I do get a copy of South Park through my door shortly, I will obviously keep it. Should be worth a few bob almost 6 months ahead of release...
 
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satchef1 said:
I had a good one today - Smyth's Toys won't let me cancel my South Park: Fractured But Whole pre-order as it has already been 'dispatched'. I have to refuse delivery at the door instead.

The game isn't out until 31st March 2017! Pointed this out, but nothing they can do apparently. Bunch of useless morons. Only asked to cancel it because they overcharged my for X-Com 2 and are refusing to refund me.

In the incredibly unlikely event I do get a copy of South Park through my door shortly, I will obviously keep it. Should be worth a few bob almost 6 months ahead of release...
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Is so much easier just to send them a letter before action...

Another example of why you should never pre-order something.
 
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The Running Man said:
Hi guys, so a quick update. Finally got through to the company this afternoon and they offered me a remedy, which I ave accepted which now means I have waived my right to further legal action against them:)) well worth an hour in hold. Thanks all who believed!!
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So what was the remedy?
 
The Running Man said:
Hi guys, so a quick update. Finally got through to the company this afternoon and they offered me a remedy, which I ave accepted which now means I have waived my right to further legal action against them:)) well worth an hour in hold. Thanks all who believed!!
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Glad to hear you're happy. Can't believ so many people would just lay over and take it. More people need to fight this kind of thing to stop these underhanded tactics becoming common place.
 
krisboats said:
Glad to hear you're happy. Can't believ so many people would just lay over and take it. More people need to fight this kind of thing to stop these underhanded tactics becoming common place.
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Underhanded tactics?
The company simply took too many orders for the stock they have. At no point where customers put at a disadvantage. It was a simple mistake.
Now in the end Game have decided to do something about it all - but it wasn't underhanded.
Underhanded is taking monies and delivering no product. Underhanded is taking monies and then delivering the wrong item on purpose. Underhanded is taking an order at one price and then charging a higher price as the items are dispatched.
Taking too many orders is not underhanded - it was a mistake. How were Game going to make any kind of profit from this "underhanded" display?
 
Lol, chill your beans. It was a general comment about all of the posts in here that detail retailers stating items as "out of stock" while the order is on but magically have plenty of stock again the instant the offer has finished.

That high street pc shop are notorious for this. I've had orders placed on offer for collection only to be told theres no stock. I turn up in store, see plenty on the shelf so kick up a fuss about the cancellation and they usually "allow" the purchase of it at the offer price.

Its not hard to have a working stock system and game pulling the offer after advertising it everywhere is somewhat underhanded. Especially marking items as dispatched, then cancelling orders, then offering compensation deals, then cancelling those as well. How is that a good/legitimately run business model? LoL
 
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