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  • FIRST POST
    • groundsman76
    • By groundsman76 2nd Oct 16, 9:18 AM
    • 2Posts
    • 0Thanks
    groundsman76
    PS4 bundle: ordered then refunded
    • #1
    • 2nd Oct 16, 9:18 AM
    PS4 bundle: ordered then refunded 2nd Oct 16 at 9:18 AM
    Hi all

    I bought a PS4/FIFA 17 bundle on Thursday for £149 with Game (bought online).

    Thursday, I get an email confirming this. Then I get a 2nd email saying it is dispatched, 2 day delivery.

    On Friday evening I get an email saying the demand was too great and they are cancelling my order and returning my money.

    So I'm getting my money back, but the items are now available only a day later at the higher price of £249. £149 was a flash sale.

    Is there a consumer law that they have broken or was I within my rights to say...."no I will wait till the item is in stock rather than a refund". ???
Page 1
    • pinkshoes
    • By pinkshoes 2nd Oct 16, 10:23 AM
    • 14,600 Posts
    • 19,646 Thanks
    pinkshoes
    • #2
    • 2nd Oct 16, 10:23 AM
    • #2
    • 2nd Oct 16, 10:23 AM
    Hi all

    I bought a PS4/FIFA 17 bundle on Thursday for £149 with Game (bought online).

    Thursday, I get an email confirming this. Then I get a 2nd email saying it is dispatched, 2 day delivery.

    On Friday evening I get an email saying the demand was too great and they are cancelling my order and returning my money.

    So I'm getting my money back, but the items are now available only a day later at the higher price of £249. £149 was a flash sale.

    Is there a consumer law that they have broken or was I within my rights to say...."no I will wait till the item is in stock rather than a refund". ???
    Originally posted by groundsman76
    What do the T&Cs state about a contract being formed?

    It is usually upon delivery, so until delivery they can cancel at any time.

    You can ask, but they do not have to agree.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • DCFC79
    • By DCFC79 2nd Oct 16, 11:30 AM
    • 27,710 Posts
    • 17,508 Thanks
    DCFC79
    • #3
    • 2nd Oct 16, 11:30 AM
    • #3
    • 2nd Oct 16, 11:30 AM
    I know the consoles at the price of £149 were old stock and the 1 at £259 is the new look PS4 design.

    Game have shafted themselves with this.
    Last edited by DCFC79; 02-10-2016 at 10:46 PM.
    Je Suis Charlie
    • bris
    • By bris 2nd Oct 16, 5:35 PM
    • 6,135 Posts
    • 5,092 Thanks
    bris
    • #4
    • 2nd Oct 16, 5:35 PM
    • #4
    • 2nd Oct 16, 5:35 PM
    What do the T&Cs state about a contract being formed?

    It is usually upon delivery, so until delivery they can cancel at any time.

    You can ask, but they do not have to agree.
    Originally posted by pinkshoes
    A contract isn't formed when the retailer says so, it's formed when all the conditions of a contract are met, the retailers T&C's can not over rule contract law.


    The courts would look at all the stages of the sale and to see if they have all been met. In this case you have to look at if a mistake has been made by the retailer somewhere down the line. Was it a pricing error, did they really mean to price it so low? This is where consideration comes in, another key stage in the process. The retailer was selling them for that price and they did accept the offer so no mistakes were made.


    The retailer got greedy and tried to sell more than they had or could get a hold of, this is a broken contract so loss of bargain could be the case here. It's not the buyers fault, the retailer shouldn't offer for sale what he hasn't got.


    Case law involving B&Q and a dishwasher that was on sale prove this point.
    • sgriff77
    • By sgriff77 2nd Oct 16, 7:35 PM
    • 3 Posts
    • 0 Thanks
    sgriff77
    • #5
    • 2nd Oct 16, 7:35 PM
    • #5
    • 2nd Oct 16, 7:35 PM
    This seems to have happened on mass scale.

    Game intended to offer this bundle at said price.

    How do you proved with loss of bargain case.

    Happened to me. Order placed, ordered confirmation by email, payment processed, email stating order shipped then following day email cancelling the order and have to wait 10 days for refund
    • naedanger
    • By naedanger 2nd Oct 16, 8:08 PM
    • 1,788 Posts
    • 1,378 Thanks
    naedanger
    • #6
    • 2nd Oct 16, 8:08 PM
    • #6
    • 2nd Oct 16, 8:08 PM
    Hi all

    I bought a PS4/FIFA 17 bundle on Thursday for £149 with Game (bought online).

    Thursday, I get an email confirming this. Then I get a 2nd email saying it is dispatched, 2 day delivery.

    On Friday evening I get an email saying the demand was too great and they are cancelling my order and returning my money.

    So I'm getting my money back, but the items are now available only a day later at the higher price of £249. £149 was a flash sale.

    Is there a consumer law that they have broken or was I within my rights to say...."no I will wait till the item is in stock rather than a refund". ???
    Originally posted by groundsman76
    As a previous poster has said this depends on whether you have a valid contract. I think Game's terms and conditions say "Acceptance of your order and the formation of a contract between you and Us will take place when we send you an email confirming that the products you have ordered are being dispatched to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below". (Had their terms and conditions said a contract would be formed when the item was delivered then it would be different as you would not have had a contract.)

    You need to check the terms and conditions you agreed are the same (or essentially the same) as what I have quoted above. If they are then, as Game have sent you an email saying the item was dispatched, it seems you do have a valid contract.

    If you have a valid contract then the seller is legally obliged to supply what you ordered. If they breach the contract by failing to supply what you ordered then you can sue them for damages. The primary purpose of damages in contract law is to place the injured party in the position they would have been in had the contract been performed - in your case to have the bundle for the cost of £149.

    (There are circumstances where a seller would not be obliged to supply the goods even with a "contract" e.g. if the price was obviously wrong, but I don't believe that is the case here.)

    Did you pay by credit card? If so they you may find it easier to claim against them?
    • sgriff77
    • By sgriff77 2nd Oct 16, 8:52 PM
    • 3 Posts
    • 0 Thanks
    sgriff77
    • #7
    • 2nd Oct 16, 8:52 PM
    • #7
    • 2nd Oct 16, 8:52 PM
    From game.co.uk t&c website

    Orders for Sales & Purchases

    Further information about placing and paying for an order is set out in Our Ordering and Payment help pages.

    You may place an order to purchase a product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order (by clicking 'pay now' on the 'payment' page of the checkout procedure).

    All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. On any such occasion We will email you to make you aware as soon as it is possible to do so.

    You will receive an email, once your order is in process detailing your order reference and details of the product(s) you have ordered. Please note that this email is an acknowledgement only and is not an acceptance of your order.

    Acceptance of your order and the formation of a contract between you and Us will take place when We send you an email confirming that the products you have ordered are being dispatched to you, unless We have notified you that We do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancelling an Order).

    Although We endeavour to give accurate stock availability information on the Site occasionally products you order may not be available. If this happens We will cancel your order, send you an email to confirm the cancellation and any sum debited by Us from your debit/credit card will be refunded in full to the same card.
    • JJG
    • By JJG 2nd Oct 16, 8:55 PM
    • 197 Posts
    • 229 Thanks
    JJG
    • #8
    • 2nd Oct 16, 8:55 PM
    • #8
    • 2nd Oct 16, 8:55 PM
    This is an interesting situation. My sister ordered the same product and received the dispatch email. She subsequently received an email "thanking her for her return" letting her know her refund was on the way. The t&c's state that a contract is formed upon the dispatch email being sent. It will be interesting to see how this one plays out, as it seems GAME have well and truly shafted themselves here.
    • sgriff77
    • By sgriff77 3rd Oct 16, 9:22 AM
    • 3 Posts
    • 0 Thanks
    sgriff77
    • #9
    • 3rd Oct 16, 9:22 AM
    • #9
    • 3rd Oct 16, 9:22 AM
    From game
    You're more than welcome to take this to the retail Ombudsman if you're not happy with the situation or our replies here.

    As we are completely out of stock of this item we're unable to provide the bundle, or source any to replace the bundle with. I understand what you have passed to us is in our terms and conditions, but directly below that it also states the following.

    "Although We endeavour to give accurate stock availability information on the Site occasionally products you order may not be available. If this happens We will cancel your order, send you an email to confirm the cancellation and any sum debited by Us from your debit/credit card will be refunded in full
    • naedanger
    • By naedanger 3rd Oct 16, 10:20 AM
    • 1,788 Posts
    • 1,378 Thanks
    naedanger
    From game
    You're more than welcome to take this to the retail Ombudsman if you're not happy with the situation or our replies here.

    As we are completely out of stock of this item we're unable to provide the bundle, or source any to replace the bundle with. I understand what you have passed to us is in our terms and conditions, but directly below that it also states the following.

    "Although We endeavour to give accurate stock availability information on the Site occasionally products you order may not be available. If this happens We will cancel your order, send you an email to confirm the cancellation and any sum debited by Us from your debit/credit card will be refunded in full
    Originally posted by sgriff77
    The paragraph you/they have quoted would only be relevant if they had not issued an email saying they had dispatched the item. As they did issue such an email your purchase went beyond the "order" stage and became a contract. As you have a contract they cannot now just cancel it; you are legally entitled to be put into the same position financially as you would be were they to have fulfilled the contract. So you are entitled to the minimum amount now needed to get the bundle elsewhere (obviously this would be instead of a refund, and not in addition to it).

    If I was in your position I would not take the matter to the Retail Ombudsman, which is not an official body and does not have a good reputation as far as I am aware. Instead if I had paid by credit card then I would make a Section 75 claim. Otherwise, assuming the bundle is now significantly more expensive elsewhere, I would make a small claim online. (This does involve some expense which you should recover if you win your case.)
    • Fosterdog
    • By Fosterdog 3rd Oct 16, 10:37 AM
    • 2,436 Posts
    • 4,032 Thanks
    Fosterdog
    The paragraph you/they have quoted would only be relevant if they had not issued an email saying they had dispatched the item. As they did issue such an email your purchase went beyond the "order" stage and became a contract. As you have a contract they cannot now just cancel it; you are legally entitled to be put into the same position financially as you would be were they to have fulfilled the contract. So you are entitled to the minimum amount now needed to get the bundle elsewhere (obviously this would be instead of a refund, and not in addition to it).

    If I was in your position I would not take the matter to the Retail Ombudsman, which is not an official body and does not have a good reputation as far as I am aware. Instead if I had paid by credit card then I would make a Section 75 claim. Otherwise, assuming the bundle is now significantly more expensive elsewhere, I would make a small claim online. (This does involve some expense which you should recover if you win your case.)
    Originally posted by naedanger
    The problem with that is that it was an old and now outdated version of a product which is no longer available, possibly with any retailer so there may not be a way of getting the same product with Game paying the difference. It also wasn't a set item but a bundle, there may not be any other retailers offering the exact bundle.
    • naedanger
    • By naedanger 3rd Oct 16, 11:00 AM
    • 1,788 Posts
    • 1,378 Thanks
    naedanger
    The problem with that is that it was an old and now outdated version of a product which is no longer available, possibly with any retailer so there may not be a way of getting the same product with Game paying the difference. It also wasn't a set item but a bundle, there may not be any other retailers offering the exact bundle.
    Originally posted by Fosterdog
    Can the bundle be replicated elsewhere e.g. by buying the console and game separately? If so then claim for the cost of replicating the bundle by buying the items separately. If any item is not available then claim for the closest equivalent.
    • JJG
    • By JJG 8th Oct 16, 12:34 AM
    • 197 Posts
    • 229 Thanks
    JJG
    GAME have conceded that they were in the wrong and are honouring PS4's at the contracted price.
    • thecoffeehouse204
    • By thecoffeehouse204 8th Oct 16, 12:58 PM
    • 136 Posts
    • 196 Thanks
    thecoffeehouse204
    Details on how to claim your ps4 from GAME, only if you received a dispatch email then cancellation.

    http://www.hotukdeals.com/deals/ps4-slim-fifa-17-3-months-now-tv-149-99-game-for-those-orders-cancelled-read-details-2523696
    • tomruth78
    • By tomruth78 12th Oct 16, 10:06 PM
    • 24 Posts
    • 35 Thanks
    tomruth78
    No refund from GAME
    Should I be worried, GAME has still not refunded my money for the failed PS4 and FIFA 17 debacle. They sent me a refund email on 30/09. I got hold of someone on chat and they said the refund was issued on the 04/10 and that it was requested on 30/09.

    I had to buy it on my VISA debit card as my credit card company wouldn't allow the initial transaction to go through and I didn't want to miss out. Big mistake. I like to buy everything on credit card for protection normally.

    What can I do about my refund?
    • unholyangel
    • By unholyangel 12th Oct 16, 10:39 PM
    • 10,188 Posts
    • 7,345 Thanks
    unholyangel
    Should I be worried, GAME has still not refunded my money for the failed PS4 and FIFA 17 debacle. They sent me a refund email on 30/09. I got hold of someone on chat and they said the refund was issued on the 04/10 and that it was requested on 30/09.

    I had to buy it on my VISA debit card as my credit card company wouldn't allow the initial transaction to go through and I didn't want to miss out. Big mistake. I like to buy everything on credit card for protection normally.

    What can I do about my refund?
    Originally posted by tomruth78
    Chargeback for either non-delivery of goods or non-receipt of credit/refund. I'd guess the latter if they're saying a refund has been processed.
    Money doesn't solve poverty.....it creates it.
    • boo_star
    • By boo_star 12th Oct 16, 10:41 PM
    • 1,109 Posts
    • 528 Thanks
    boo_star
    Should I be worried, GAME has still not refunded my money for the failed PS4 and FIFA 17 debacle. They sent me a refund email on 30/09. I got hold of someone on chat and they said the refund was issued on the 04/10 and that it was requested on 30/09.

    I had to buy it on my VISA debit card as my credit card company wouldn't allow the initial transaction to go through and I didn't want to miss out. Big mistake. I like to buy everything on credit card for protection normally.

    What can I do about my refund?
    Originally posted by tomruth78
    If you want a refund, you need to wait. If you want the actual console, read the post above yours.
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