Odd situation with online retailer (John Lewis)

[ZXSpectrum]

So the other day posted on HotUKDeals there was a fantastic deal on a Google Pixel 7a for £329 from John Lewis with £100 off voucher making it £229. So my mum is using an old Motorola E30 and having some issues with it so as its her birthday on sunday I thought i would buy it for her. So i ordered as did loads of people on HUKD. It was 2-5 day delivery so i thought no problem. So yesterday i received an email stating that the order had been cancelled as it was a pricing error (Should have been £399 less £100) and they would refund me for the phone, apologies, blah blah blah.

So this morning i receive an email stating that the phone had now been despatched. Then i checked the tracking (Royal Mail) and it stated that it had received the item at the Nottingham depot but almost straight after it stated it was returned to sender.. I was like.. ok, they have realised too late after the item had been despatched and recalled them back from RM.. But the phone has just arrived.

So what is my obligation with this? I am fine that they stick to the original order at the original price and its their mistake. Do they have to pick it up and return etc?

I am a bit puzzled and a bit amused at the whole situation, particularly as it just came on the radio that JL were not getting their bonus this year even tho they had made record profits..

 

[CircleFaust]

i would hang on to it and contact them to keep yourself right
i think they'll likely just let you keep it rather than them having to pay to get it returned etc etc

 

[rhobbyh]

Id just keep hold of it and see what happened. Have you been refunded?

I wouldn't contact them tho, just see if they contact you.

 

[the shadow]

Tell them its opened and now used

 

[ZXSpectrum]

LOL they have not refunded me yet.

 

[Kenai]

They'll have a record that they've both refunded you and sent you the item so whilst you could chance it, i'm sure they'd realise sooner or later and come asking for money or phone.

Probably easiest to contact CS and push them to honour the original price given they've sent it anyway, wouldn't surprise me if they just agreed to do that as the least hassle option, especially if they haven't actually processed the refund yet.

Or leave it until they actually refund and then phone up pretending to be confused why you've got a refund as you didn't cancel anything, you received the phone and have already gifted it.

 

[ZXSpectrum]

Now that is a good idea.

 

[rhobbyh]

They've debited the card and sent you the item not sure they can now demand you return it or pay more for it.

Personally Id be hoping there's been a mess up and they refund you and the trackings messed up and they don't know where it is. Try that and worse case scenario they haven't refunded you so you've got it for 229.

I've been the beneficiary of that sort of thing in the past.

 

[Rroff]

but almost straight after it stated it was returned to sender.. I was like.. ok, they have realised too late after the item had been despatched and recalled them back from RM.. But the phone has just arrived.

Though a lot of companies do it and get away with it, potentially it isn't actually legal for a company to recall items from the delivery company.

Although in this case if they notified you of a pricing error and intention to cancel the contract before dispatch that puts things in a different light.

 

[momo56]

Keep an eye on your account.

Currys had a pricing error like this, they instead made another charge for the extra amount weeks later without telling you.
edit: was Carphone Warehouse not Currys.

 

[ZXSpectrum]

Surely even though they have notified me that the order has been cancelled and will be refunded, the fact that they have taken payment, despatched and it is with me now the order/contract has been fulfilled?

 

[tom_e]

• Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order

From their T&Cs, does that mean that as they notified you even though it was despatched then the contract has not been completed?

 

[new boy]

You could have easily not read that email. I doubt they could chase you for extra money after you have received it. I guess they could ask for the phone back but if you say it's opened and the box has been recycled then I doubt they would want it?

 

[ZXSpectrum]

My thinking exactly. I am not after a freebie but just want the product i ordered at the price i ordered it at. I also ordered on CC so if they tried to take more money i could contest it.

 

[BurningHorizons]

I bought one for my wife. Arrived yesterday morning, then I received the same email yesterday evening. I've been billed for the £229. If they try to take more, I'll contest with JL CS. However, I very much doubt they'll do this. Hope your mum likes her new phone!

 

[the shadow]

What happens if you close account

 

[Haggisman]

They've debited the card and sent you the item not sure they can now demand you return it or pay more for it.

Personally Id be hoping there's been a mess up and they refund you and the trackings messed up and they don't know where it is. Try that and worse case scenario they haven't refunded you so you've got it for 229.

I've been the beneficiary of that sort of thing in the past.

By "that sort of thing", you mean "theft"? You can spin it as their mistake or whatever if you want to try and make yourself feel better, but if you've not at least informed them that they've made a mistake then it's still theft.

They'll have a record that they've both refunded you and sent you the item so whilst you could chance it, i'm sure they'd realise sooner or later and come asking for money or phone.

Probably easiest to contact CS and push them to honour the original price given they've sent it anyway, wouldn't surprise me if they just agreed to do that as the least hassle option, especially if they haven't actually processed the refund yet.

Or leave it until they actually refund and then phone up pretending to be confused why you've got a refund as you didn't cancel anything, you received the phone and have already gifted it.

This - while the fact you now have the phone in your possession gives you a lot more bargaining power, you do still need to at least let them know they messed up.

 

[SuperElectric]

Exactly, free phone is a free phone. If it doesn't get refunded, just do a chargeback with the email as proof

 

[bainbridge]

£229 is a really good price if you hang onto it. I was in a bind in January when my 4 year old pixel 4a died and I paid £399 for a 7a.

 

[loftie]

So the other day posted on HotUKDeals there was a fantastic deal on a Google Pixel 7a for £329 from John Lewis with £100 off voucher making it £229. So my mum is using an old Motorola E30 and having some issues with it so as its her birthday on sunday I thought i would buy it for her. So i ordered as did loads of people on HUKD. It was 2-5 day delivery so i thought no problem. So yesterday i received an email stating that the order had been cancelled as it was a pricing error (Should have been £399 less £100) and they would refund me for the phone, apologies, blah blah blah.

So this morning i receive an email stating that the phone had now been despatched. Then i checked the tracking (Royal Mail) and it stated that it had received the item at the Nottingham depot but almost straight after it stated it was returned to sender.. I was like.. ok, they have realised too late after the item had been despatched and recalled them back from RM.. But the phone has just arrived.

So what is my obligation with this? I am fine that they stick to the original order at the original price and its their mistake. Do they have to pick it up and return etc?

I am a bit puzzled and a bit amused at the whole situation, particularly as it just came on the radio that JL were not getting their bonus this year even tho they had made record profits..

I would have thought this would come under unsolicited goods - you're original order was cancelled and a refund should have been issued. Edit: see discussion further down.

They've then sent the item after the order had been cancelled, one that you had not asked for after the cancellation. They should have honoured the price though IMO. I would also expect them to organise a pick up at a time that fits you because it's their **** up.
Failing that, if you're near one and depending how good your complain game is, I'd return it to store if they insist on bringing it back and then complain again - Oxford Street refunded a +£2000 DSLR to a customer who took bought one only to drop it after exiting the store. They then came back in and complained - the floor told them no chance so they went to CS, which refunded them.

Also - IANAL.

I'm not sure they made record profits - i thought it was announced they had returned to profit. They did have a record number of shoppers in waitrose IIRC.