Goods 'dispatched' but not shipped - legals
- Thread starter The Running Man
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Well, obviously they didnt have it. Probably a stock control error.
Again, it doesnt matter. They have accounted for this scenario in the contract and they have followed the terms of the contract when it did occur so I dont see how you can still claim they are in breach of contract?
Because the terms aren't applicable until the goods are dispatched. Which they've lied and said they are when they clearly couldn't have been.
That's not a stock control error. It's either very poor management or a deliberate lie.
That's not a stock control error. It's either very poor management or a deliberate lie.
As we've already established in this thread, the contract terms are applicable from the point where they send the email saying the goods are "being dispatched" (I dont know if that is the same email as the one the OP refers to as "been dispatched" or not). They sent that email, so the terms apply.
Where does it say this?
What are the new terms?
How did they change the terms without the customer explicitly agreeing to the change?
Soldato
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Once the contract is formed, in this case using their definition, the contract has been formed.
Normal contract law will take precedence at this point where T&Cs breach the law they are simply struck through as if they never existed. You can improve someones position against the law you cannot worsen it.
The laws surrounding contract formation are very old and very well tested, you cannot unravel a formed contract by a simple ooops sorry we made a mistake and are unforming/cancelling your contract to avoid a problem at our end, where a simple remedy exists. If a simple remedy doesnt exist, expect to get sued so that the other party can put themselves into the same position as they would have been had the contract been delivered as agreed.
They formed the contract by saying that had shipped, they needed to under contract law make this good. They did. Simple.
So which part of the T+Cs are you saying breaks the law? The part where they retain the right to cancel the contract?
That's why I said either or. Do you understand what either and or are?
Soldato
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Yes of course you can but they dont
They have T&Cs in regards that placing an order does not form a contract against them. They are quite clear that they can cancel the ORDER anytime for pretty much any reason up until they send shipment confirmation when they deem the contract to have been formed.
This is completely reasonable so they have plenty of time to identify pricing errors, stock errors etc.
When they send confirmation they have shipped its pretty clear they deem to contract to have been formed and completed.
Why would they want to cancel the contract after its been shipped? There is no logical reason, so they have setup their systems to give them the furthest possible point down the chain to form the contract.
Soldato
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They don't, they have the right to cancel the ORDER
By their definition they have not formed a contract until they have shipped the goods.
You're wrong. It specifically says the contract is formed when they send the email:
There may also be a difference between their "Being dispatched" and "have been dispatched" emails.
"Being dispatched" could be the point at which your payment has cleared and they have instructed the warehouse to pick and send your items - so they will only find out stock errors after this point.
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The company took it seriously they set up a dedicated help line and fired over kegal disclaimers stating that accepting the remedy would thetrfire render me ubable to take further legal action
Soldato
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Well yes i was paraphrasing to avoid have to repeat their exact description constantly.
I don't believe they send a "being dispatched email", I have never used a company that does this, on websites yes but never received a mail saying this.
I mean inferring that its part way through their process but not yet at the point they know they may not be able to send it. Its silly terminology on their point.
Probably by someone trying to be smart to eliminate any issues with mispricing and being able to cancel orders.
I believe they like all others I have ever dealt with send a dispatched email, which means normally they have gone far enough through their system that they know it will be shiped that day, or for some, was shipped that day.
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Soldato
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..
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were all of the OP's toys returned to the pram when Game offered to honour these if you phoned up?
Or did he miss it?
Or did he miss it?
That's what the OP got in the end.
http://www.hotukdeals.com/deals/ps4...r-those-orders-cancelled-read-details-2523696
have a look at this. it is for people who have got an email stating their bundle has been shipped
have a look at this. it is for people who have got an email stating their bundle has been shipped
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Yes i am the OP!