Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
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I placed an order for a printer on the 25/1/09. The items was a clearance item in that it was classed as an open box, although still new.
The order ws accepted and confirmed, the payment was taken and shipping was scheduled for 26/1/09.
Over a week went by and nothing arrived, I checked my online account and it said it was still awaiting shipping.
I called customer services, they applogised and said it was still in the warehouse awaiting dispatch, they tried callling the warehouse but it was engaged. They said they would call me back before 5pm that day, no call was received.
The next day I called back, I got the same response almost exactly with a promise of a call back, no call again.
The next morning 5/1/09, I got an email,
Dear xxxx
Unfortunately your order number 1xxxxxxx placed on the 25/01/2009 cannot be fulfilled due to a system error I have cancelled this order and will arrange a full refund back to your card. I do apologise for any inconvenience that this has caused.
I called and told them the order was accepted and paid for. They claim that their terms and conditions say the contract is only formed on despatch and that the item was no longer available. They also said that the terms and conditions for clearance items allowed them the cancel the order even after payment (or words to that effect)
5. Please note that we reserve the right to cancel or refuse orders for items shown on our website with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order.
Although the customer service person told me on the 4/1/09 that the item was in stock but delayed in the warehouse, I am now told it was never available and that point 5 above covers them as the 'incorrect information' means quantity or availability.
The printer is NOT end of line and is still available althoug hPCW have no stock at present.
Can they do this or do I own the printer that I have paid for even if I haven't received it yet and therefore can demand a replacement?
When they take funds they are obliged to supply you with the goods or cancel the contract. They have cancelled it, as they cannot supply it... You have a refund, I don't see the issue.
The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.
When they take funds they are obliged to supply you with the goods or cancel the contract. They have cancelled it, as they cannot supply it... You have a refund, I don't see the issue.
Quite simply, loss of bargain. See here. Case law is Robinson -v- Harman(1848 ).
5. Please note that we reserve the right to cancel or refuse orders for items shown on our website with an incorrect price or with any other incorrect information. No contract is made with you until we have dispatched your order.
A lot of companies try to claim this, but I can't see it standing up:
* If there is no contract, on what other basis are they helping themselves to payment?
* What constitutes acceptance is defined by case law, not just by what the accepting party claims.
* If they are trying to define acceptance in the contract, the terms of the contract do not apply until it is accepted, so it's a paradoxical claim.
I also don't see the issue. Item was sold, mistakes were made, item was out of stock, apologies were given along with a full refund.
I mean.. you were missing funds for 3-7 days, which is the worst of your inconveniance, and you didn't miss out on a bargain, as there was none to be had. They didn't have the item to begin with.
I can't understand the whole "No contract is made with you until we have dispatched your order". Buisness, but I'm pretty sure thats just to cover specific incidents like yours.
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.
The issue is they're probably not entitled to do that.
Common sense would dictate they have the right to do that under the curcumstances. In a international company the size of DSGi it's hardly inconcevable that an item of stock could go missing or a stock file could be one or two units out. We get it all them time in my branch due to anything from written off stock to shoplifting.
So, they can either magic up some stock, which with a clearance line is impossible because clearance usualy dictates that the manufactorer is no longer supplying them. Or they can issue a refund, and you can choose something else.
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.
If they provide another item at the same discount, that's fine, but they can't just unilaterally increase the price.
Where did the OP say anything about a price increase?
He bought a clearance item at a reduced price, the item was out of stock and due to a stock error they didn't notice until after payment was taken, so they apologised and refunded his card.
You can't seriously expect them to knock money off a current line item simply because a clearance item was out of stock?
I work for DSGi plc
(aka currys, pcworld, dixons)
Anything said by me, are not the opinions of CAG and are mine alone. I have nothing to do with the legal system in any way, the majority of my information will reflect a common sense approach.
So please seek advice from a professional if in any doubt.
I really dont see where the issue is here? As it was said before, mistakes were made. These were honest mistakes on the part of DSGi and they have given a full refund!
It seems like your just looking for an excuse to have a moan about DSGi!
PCW Order cancelled after payment
say the contract is only formed on despatch and that the item was no longer available. They also said that the terms and conditions
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Originally Posted by ForestChav
