Product Ordered but company refuse to sell !

SAS0

Hi,

I bought the following:
"
date 5 January 2010 09:30
subject BuyMobilePhones.net - Order Acknowledgement #789185

Hi,

Thank you for ordering from BuyMobilePhones.net.

Your order will be processed as soon as possible and you will be notified by email as soon as it is dispatched.

Please visit us again soon.

You can check the status of your order by logging in to your account at: buymobilephones website (web links forbiden...)

Your Order: 789185
===================================================

1 x Nokia 1208 + Sony Vaio Laptop on T-Mobile Combi 30 (12mths)
Code: 1208tmc3012sonylt Price: £229.99 Total: £229.99
Monthly Cost: £30.00

Free Gift: FREE Sony Vaio Laptop + £120 Cash
Port this Number: None

===================================================
Tax: £0.00
Shipping: £0.00


Total Amount : £229.99

You can check the status of your order by logging in to your account at:
buymobilephones website (web links forbiden...)
"

Yesterday I received a phone call from MBNA fraud team there was a suspicious purchase on my card so they block it. We saw it was this mobile phone transaction and they lift the card blocking feature.

Today I received a call from buymobilephones.net saying the £120 cashback is a mistake/bug from their system (but they left it there since christmas time until today), so the deal will be the same but without the £120 cashback or cancel the order.

Now since I placed an order, gave y card details, buymobilephones tried the £1 test on the card successfully, tried to connect me but MBNA blocked it.
Could we consider this as a item bought, therefore the company has to honour the deal and send me the £120 cashback with the phone ?
Would an attempt of payment blocked be considered as a good sold ?
Should I ask MBNA for compensation ?

Plz let me have your comments before the weekend as I want to know what I should do with this order.
Thank you for your help.
best regards
Sas

pitkin2020

They dont have to honour the order as they haven't processed it, they have contacted you during the processing of your order where the mistake has been noticed and they have informed you of the mistake, they have also given the option to continue the order minus there mistake or get a refund

gordikin

You are due zero I'm afraid.

4743hudsonj

You have no right to recourse. Contracts are formed usually on dispatch or delivery on items sold online (see distance selling regulations 2000) and as such they have a right to reject your offer to buy. The automated order "acceptance" actually means nothing of the sort in legal terms.

Sorry but you will either have to suck it up or equally, you can cancel and go elsewhere (maybe use this to appeal against their goodwill?)

gordikin

From their T&C's

2.3. Goods and promotional products supplied by us remain our property until the goods are paid for in full. If payment is declined by your cardholder, or your cheque is not honoured by your bank, whether before or after despatch of the goods to you, we will treat the order as cancelled.

Anihilator

You can't do it on 2 grounds.

1) No contract is likely formed as no acceptance
2) You breached said contract when your payment method failed.

Unlucky....

hollydays

Go down to their hq and prod them with a pitchfork ,or threaten to knee cap them until they give in.Its the only way.