Online seller refuses to send product

Mahonyy

Mahonyy

Mahonyy

Associate
Joined
13 Oct 2016
Posts
256
Location
Bucks
I bought a product that was on sale around 50% off it's usual price in a well known online shop, paid for it via PayPal, they acepted it and even sent it. Then I get a phone call from then telling me that the price was a human mistake and they cannot sell it to me. So they recall the product from the courier and offer me the following options:

  • Refund plus £25 for their mistake
  • Pay an extra £100 to get the product I already paid for (that's still ~£100 less than the current price)

I had a look at their T&Cs and they state that when they accept the payment there will be a "concluded agreement between us"

What should I do GD? Formal letter? Lawyer up? Take up one of their offers? Stand and bang?
 
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MatsyLR said:
Stop whining, take the £25 and move on with your life.
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Who doesn't love a bit of Internet moaning?

dl8860 said:
Can't imagine the seller being happy if the roles were reversed.

You make payment, then once the item is shipped you tell them you can't honour the agreement and are taking back half of your payment.
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That's what I'm thinking about, also I know many companies that will honor their selling price, even if it was a mistake. Also it wasn't a gross mistake like selling £1000 item for 10 quid.
 
Jay343434 said:
I would certainly put a complaint in.

With a bit of luck the right person deals with the case and they do something with regards to goodwill.

Other than a bit of time spent, you’ve got nothing to lose!
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I've already got two calls from them, the second one from a more senior representative, and in both cases they were keen on me taking up one of the offers, as they'll be losing too much money otherwise.
I'm in two minds really, I don't want to be a difficult person but I also believe that contracts are there to be respected.

Note this is a fairly big company, OCUK competitor by way, I wonder what Overclockers would have done in this case!
 
The item is an I7 12700K and the shop is ****


Funny thing is that I wasn't event on the market for a new CPU, my 3570K still running fine, but the deal was too tempting, so I went all in.
 
Jay343434 said:
12700k at 50% off, no wonder they’re desperate. As they’d have been making quite the loss.

How long was that up for? Was it on hotukdeals?

I wonder how many they shipped that couldn’t be cancelled.
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I dont think it was on HKD, I bumped into it randomly during my lunch break. I have the feeling they had a long evening yesterday calling all the buyers.

JamesH85 said:
Up to you but I would just pay the £100 and try sell the 3570 on. A 12700 for £280 is an absolute bargain especially if you were willing to part with the cashin in the first place. Plus what your getting back for the 3570.
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I'm inclining to that to be honest, I asked them to put their offers in writing, bless JVS and his consumer hour.
 
Semple said:
Sounds like they're not quite a small/independent.

If the T&C's says the contract is formed once they've taken payment, then you're in a much better position. I thought most retailers usually have a clause to say contract isn't formed until item is dispatched - which in this case would be a bit tricky as well seeing as they had dispatched it but were able to cancel the courier.
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From their T&C's:

  • The invitation to you to order goods from us is not an offer by us to sell to you goods of the specification and description at the price indicated.
  • Your order is an offer to us to buy the goods of the specification and description at the price indicated.
  • Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement between you and us.
  • We shall not be bound to deliver the goods until you have paid for them. Payment shall be due when the agreement is made between us. Time for payment shall be of the essence. The price due from you is the price indicated as inclusive of value added tax.
  • Jay343434 said:
    What I find interesting is I recently ordered something from them and wanted to cancel it. They advised me they couldn’t cancel the order and I had to wait for it to arrive, and refuse delivery.

    Funny how they can cancel deliveries when it benefits them lol
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  • I didn't know they could do that either, from DPD tracking site: DPD Return to consignor has been requested
 
touch said:
The contract will almost certainly say they can cancel even after they've taken payment.

What if they take payment and then find out there was a stock control issue and they don't have any stock to send you?
What if the item gets lost on it's way and is never delivered?
What if their supplier can't supply the item?
They're not going to leave themselves open to breach of contract in these scenarios, pretty much every online retailer will reserve the right to cancel at any time before delivery.
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Of course their T&Cs detail their cancellation rights:

Our right of cancellation
  • If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
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I dont believe putting the wrong price it's beyond their reasonable control.
 
Related..


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