Online seller refuses to send product

Bear · 15 Feb 2022 at 14:59

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

I presume its the difference between packaging it and waiting for the courier to pick it up and having sent it and its on the way, which was why you had to wait for it to arrive?

edit: looking above it looks like they can recall it. I wonder if that only after its been picked up and is sitting at the depot ready to forward on?

Uther · 15 Feb 2022 at 15:01

It does sound a bit off, but not sure you can do much about it tbh. It's not a company I would deal with really.

MikeTheNative · 15 Feb 2022 at 15:08

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

I ordered something from sports direct and within the next 5 minutes realised it was the wrong item and tried to cancel to be told that 'they work too fast so orders can't be cancelled ' only for the item to be dispatched over 26 hours later lol (this was in the week as well)

b0rn2sk8 · 15 Feb 2022 at 15:10

It’s irrelevant what the T&Cs say as either party can back out of the transaction before it’s been completed (aka when the product has been delivered).

You couldn’t really even claim damages even if they did breach the contract outside of the refund they have already offered you.

TLDR: take the £25 and a refund as you don’t really have a leg to stand on. They didn’t even need to offer you the £25.

Blackjack Davy · 15 Feb 2022 at 15:19

Mahonyy said:
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.

They are, but since you don't have the product you don't have much to go on really it'd be different if it actually arrived and they wanted you to cough up the difference. Ask yourself is it worth chasing through the small claims court bearing in mind that it'll cost £50 to put in a claim? You decide.

Jono8 · 15 Feb 2022 at 15:24

Blackjack Davy said:
They are, but since you don't have the product you don't have much to go on really it'd be different if it actually arrived and they wanted you to cough up the difference. Ask yourself is it worth chasing through the small claims court bearing in mind that it'll cost £50 to put in a claim? You decide.

There would be squat they could have done about it if it was delivered.

Seen as it wasn't delivered, there is squat the OP can do about it.

teenwolf · 15 Feb 2022 at 15:25

Jono8 said:
There would be squat they could have done about it if it was delivered.

Seen as it wasn't delivered, there is squat the OP can do about it.

yes he can cry about it on the internet.

dowie · 15 Feb 2022 at 15:26

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

Presumably it can’t be done automatically/via the web etc.. Perhaps they have to have someone do it manually or phone the courier ergo they’ll spend time doing it for this where they’re otherwise losing money on each order. But in general it’s probably more faff than it’s worth and easier to just have the customers return/reject a delivery.

Thekwango · 15 Feb 2022 at 15:29

teenwolf said:
yes he can cry about it on the internet.

op doesn't appear to be crying about it? seems they've just asked if there's anything they can do to get the item at the price they originally paid.

ChocAndGray · 15 Feb 2022 at 16:00

MikeTheNative said:
I ordered something from sports direct and within the next 5 minutes realised it was the wrong item and tried to cancel to be told that 'they work too fast so orders can't be cancelled ' only for the item to be dispatched over 26 hours later lol (this was in the week as well)

Currys do the same thing as do game.

the funny thing with game was it was for a pre-order item that wasn’t even in stock.

I’d never buy from game again, no phone number either it’s just web chat and email!

Tephnos · 15 Feb 2022 at 16:15

Does this competitor's name start with S by any chance?

JamesH85 · 15 Feb 2022 at 16:17

Tephnos said:
Does this competitor's name start with S by any chance?

Yes

Semple · 15 Feb 2022 at 16:36

b0rn2sk8 said:
It’s irrelevant what the T&Cs say as either party can back out of the transaction before it’s been completed (aka when the product has been delivered).

It's not quite irrelevant though is it? Hence the reason for T&C's. Either party can back out of the transaction is subjective to when the contract is formed as per the T&C's.

G J · 15 Feb 2022 at 16:37

Where these sold as open box by mistake as I saw a couple of 12700k/12600k's on the bay recently and what they sold for I thought they must have been mis-priced as it was strange for the seller to test them, put them up for sale stright away and scalp them.

LeoK · 15 Feb 2022 at 16:46

Willing to be wrong but I think if you buy something, and you kind of know the price is too good to be true, I think the seller is within their rights to refund you the money and not sell you the product.

https://www.citizensadvice.org.uk/c...f-something-is-advertised-at-the-wrong-price/

The main bit is:

If you have a contract, the company can’t usually cancel your order, even if they realise they’ve sold you something at the wrong price. They’ll only be able to cancel it if it was a genuine and honest mistake on their part that you should’ve noticed.

Pretty sure they can argue it was a mistake. You should have known. I'd take either of the options as good will. Move on. I think that's probably the best you are going to get without a lot of lost time.

robj20 · 15 Feb 2022 at 17:25

Take the £25 and never use them again and point that out to them.

Certain couriers let you recall the item right up until they have it over.
Can literally go from "your next" to "returned to supplier".

GGizmo · 15 Feb 2022 at 18:16

They are offering you a refund + £25. Not many places would do that.

Why not just accept that offer and buy the item from someone else?

touch · 15 Feb 2022 at 18:47

Mahonyy said:
Formal letter? Lawyer up?

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.

Mahonyy · 15 Feb 2022 at 19:11

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.

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.

I dont believe putting the wrong price it's beyond their reasonable control.

b0rn2sk8 · 15 Feb 2022 at 20:11

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.

Even if they did breach the contract, what recourse do you think the OP would deserve other than a refund?

The short answer is none as the OP has been put back into the position they were in before the contract started. There is no scenario that I can see that the OP would be reasonably due any other form of compensation in this kind of transaction and the UK doesn't have punitive damages.