Order cancelled and refunded after money taken.

[jazztheman]

I recently purchased some office products from an online office supplier. The products were very cheap and the sale went through and money was taken from my account. The order never arrived and I contacted the office supplier who informed me that they have cancelled the order due to a stock discrepancy at the warehouse, and a refund had been issued.

 

The products are still in stock by the supplier, but now at a much higher price. The question that I have are companies allowed to cancel orders once money is taken?

[postmn]

did you get a refund , since we have seen it a lot on interenet site where human error puts a price a lot lower than it should be and the company cancels the order which they are within there rights to do cant remember what they call it though

[jazztheman]

yes I did get a refund. I thought that once money had been taken it then becomes a contract and by cancelling the order they have broken their contract?

[BankFodder]

Who is the seller? You may be surprised at the situation. You will need to look at their terms and conditions. However, you may well find that they say that the contract is made and the goods become yours only at the time they are actually dispatched.

 

I think the Amazon and other online retailers do this.

 

I agree that it is very unfair. Let us know what the terms and conditions say. Let us know who they are – unless you are trying to protect them.

[silverfox1961]

Hi

'Offer' and 'Acceptance' do not always mean the contract is fulfilled. I have seen this a few times wher the contract is not finished with until the goods are in your hands OF when the goods leave the warehaouse.

 

An offer is just that. An offer to purchase. Acceptance is you accepting their offer. If an issue is discovered prior to release of goods then they are allowed to remove their offer and place you in a position as if you hadn't accepted. They did this by refunding you. You have not lost anything therefore you won't be able to claim anything

[jazztheman]

Who is the seller? You may be surprised at the situation. You will need to look at their terms and conditions. However, you may well find that they say that the contract is made and the goods become yours only at the time they are actually dispatched.

 

I think the Amazon and other online retailers do this.

 

I agree that it is very unfair. Let us know what the terms and conditions say. Let us know who they are – unless you are trying to protect them.

 

alphaofficesupplies.co.uk

I cannot find any clauses in their terms and conditions

[silverfox1961]

From the delivery/returns section

 

Goods are charged at price shown on the product pages on the date the customer places the order and are exclusive of VAT. Prices are correct at time of publication. Errors and omissions are excepted. Orders will be processed at our published prices, otherwise, in the case of any unexpected change in price, you will be informed and asked if you wish to reconsider your order before proceeding. Prices are those ruling at the time of delivery or collection. If an item's correct price is higher than our quoted price we shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the credit card charged. We will refund your order in part or in full in these cases as appropriate. VAT is charged at the applicable rate on all VAT incurring goods and services including any delivery charges supplied in the UK. Prices are subject to change without notice. Product specifications are subject to change without notice.

[firstlaunch]

I think much depends on 'the contract'. ie is it an offer and your acceptance -or- is it a contract?

In the "The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013"

 

Under part 5 section 42 paragraph (3) states:

Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a) without undue delay, and

(b) in any event, not more than 30 days after the day on which the contract is entered into.

 

So some hope? However, I note in my case, that Amazon have in their T&Cs regarding 3. PRICING AND AVAILABILITY

"Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order."

 

Anyone any idea how to test the validity of this clause?

[dx100uk]

best you start a new thread

 

 

of your own

 

 

dx