Refusal to send me my paid good

funkychipmunk

I purchased a plasma tv and dvd player as a bundle from play.com last weekend. On Monday 13th the items had been sent for packing but the following day the status of my order showed they were waiting for new stock. I contacted play.com by phone on Friday only to be told that the offer I had bought is no longer available, it had been sent for packing but they obviously ran out so I can't have the offer. That's it. No tv or dvd player for me. Needless to say I was angry, even more so when I saw they had taken £399.99 for the items from my account. (Their policy is to not take payment until the goods are dispatched)

I looked on their website today and saw that both items are in stock, available to buy individually and can be shipped within 24 hours. I called them again and asked that they send me the goods I have paid for, as they are in stock, unlike what I was told on the telephone on Friday. I was told that I couldn't have them separately for the same price as they are not part of a bundle (as what the original offer was).

I have been told to call back tomorrow so a manager can speak to head office about the situation. What's the best solution if they still refuse to send me the goods even though they've taken money for it? Help!!!

4743hudsonj

well as you may know, stores are not obligated to sell you anything, especially if it an error, in this case thats what it sounds like. they forgot or delayed the removal of the offer from their website when it was over.

However, you have payed for your goods, by this you have both entered a contract, on your part to pay them, which you have, and on their part to supply the goods which they have not. So, this is a breach of contract and you can demand your goods as a bundle, if they refuse then keep asking for a higher authority and be tough (not rude). Say that they have taken your money, meaning they have legally agreed to send the goods and they are not, threaten them with legal action, if they refuse send a letter recorded to the head office outlining your case and once again threaten them with a small claims court hearing if they do not reply to you within 14 days or refuse to supply you the goods as they are legally yours.#

regards josh

phlogeston

4743hudsonj wrote: »

well as you may know, stores are not obligated to sell you anything, especially if it an error, in this case thats what it sounds like. they forgot or delayed the removal of the offer from their website when it was over.

However, you have payed for your goods, by this you have both entered a contract, on your part to pay them, which you have, and on their part to supply the goods which they have not. So, this is a breach of contract and you can demand your goods as a bundle, if they refuse then keep asking for a higher authority and be tough (not rude). Say that they have taken your money, meaning they have legally agreed to send the goods and they are not, threaten them with legal action, if they refuse send a letter recorded to the head office outlining your case and once again threaten them with a small claims court hearing if they do not reply to you within 14 days or refuse to supply you the goods as they are legally yours.#

regards josh

Josh,

Unfortunately it is not as simple as you describe. Most internet sales agreements state that a contract of sale comes into existence on dispatch of the goods.

Therefore, there is no contract.

Legal action would be a waste of time and money, as there is no basis for a claim.

4743hudsonj

hmmm yeh suppose your right, still maybe in there t&c's it may say otherwise or they may do it as a good will gesture as to not lose the business

funkychipmunk

phlogeston wrote: »

Josh,

Unfortunately it is not as simple as you describe. Most internet sales agreements state that a contract of sale comes into existence on dispatch of the goods.

Therefore, there is no contract.

Legal action would be a waste of time and money, as there is no basis for a claim.

Thanks for your advice.

The items were placed into packing, meaning that they were going to be dispatched and this is why they took my money. When speaking to a rep at play.com they accepted that the item had gone to packing ready to be dispatched!!!!

This is why I'm so confused and I'm unsure what to do next. Surely these items are now mine, considering they have taken the money for them? The bundle was available the following morning on the internet, another thing that the rep accepted.

Their T&Cs state that they do not take payment until the items have been dispatched, and if the items in stock are now longer available after paying for it, they would send you an immediate email and a refund. They did not do this. The order is still in place showing "Awaiting stock", which on their website means they are temporarily out of stock but will send me the items as soon as they are back in.

The items are in stock, they are now just refusing to send them to me!

Does this help?

hazey31

I can see your point, I really do empathise but I don't think it matters where you are in the supply chain process before shipping (manufacturing, ordering, packing) they don't have to supply you with anything at the price on the website if it was wrong.

There was even a case on here recently where a company gave them the wrong (more costly) model out of the warehouse but charged the poster the cheaper price for the model they actually wanted, didn't realise for a couple of days and then called the poster asking them to return it.

Yes it's poor form of them to take your money but it was probably then that they realised. Have the people you've spoken to told you when you can expect a refund?

endure

phlogeston wrote: »

Josh,

Unfortunately it is not as simple as you describe. Most internet sales agreements state that a contract of sale comes into existence on dispatch of the goods.

Therefore, there is no contract.

Legal action would be a waste of time and money, as there is no basis for a claim.

If they've taken his money a contract exists regardless of what they may say.

4743hudsonj

endure wrote: »

If they've taken his money a contract exists regardless of what they may say.

thats what im a little unsure about, its a rather confusing situation as if their T&Cs state that payment is taken when dispatched, then technically the goods are classed as dispatched and the contract exists, despite the dispatch process being started.

I would certainly call and write to them using their T&C's against them saying that as they took the payment, they accepted that the goods were being dispatched and that the contract exists, therefore you require your goods to complete the contract.

regards josh

endure

They've offered to sell him something.

He's accepted their offer.

They've taken his money.

A contract exists.

If they don't send his goods then a breach of contract has occurred and he can sue them for delivery of the goods.

The despatch thing is a red herring.

4743hudsonj

see... thats what i believed, that once money has been exchanged, then the goods are owed and the contract exist, but apparently not to some..

phlogeston

endure wrote: »

If they've taken his money a contract exists regardless of what they may say.

A contract exists when both parties are in agreement. If the T&C's state there is no contract until dispatch, then THERE IS NO CONTRACT UNTIL DISPATCH.

The payment of money is entirely irrelevant in the formation of a contract.

Your advice is completely wrong.