Order "vanished" after money taken?

Chris_R_4

Ordered an item today online with a computer parts company.
Order was verified, funds taken from my bank (my balance is down to the tune of the amount for payment), email saying payment has been taken.
Now the order has simply been deleted from my account with no communication from the supplier to say why
As they have already taken the funds and confirmed that they have done so, doesn't this form a contract of supply exists?

This is from their own T&C's:

1. No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
2. By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.

ANy information greatly appreciated.

unholyangel

ok first of all, have the funds actually been taken or just put on "hold"?

Second, did you receive order confirmation along with an order number and have you contacted the retailer with regards to this number?

Is it possible its in another part of the account? ie orders/past orders (some companies do move them as soon as the goods have been dispatched).

Chris_R_4

unholyangel wrote: »

ok first of all, have the funds actually been taken or just put on "hold"?

Second, did you receive order confirmation along with an order number and have you contacted the retailer with regards to this number?

Is it possible its in another part of the account? ie orders/past orders (some companies do move them as soon as the goods have been dispatched).

Money has been taken. I got an order confirmation then a second email which said "Payment Confirmation" as the title, and text "Your order has been successfully charged by our internet bank"

They have cancelled the order this morning saying they cannot supply the product at the price advertised.

adam.mt

Thought it was going to be a misprice!

Afraid they are allowed to do this, only when you've got the goods in your hands after paying for them is the deal done. Until that point the contract can be cancelled and you returned to your starting position (refunded) - such is considered in law as a suitable resolution. Sorry.

Chris_R_4

Many thanks for the clarity Adam, I was of the impression the contract of supply comes into place once the goods are paid for in cleared funds.
I stand corrected.

It wasn't actually a massive misprice, I just assumed it was a special offer as it was on their daily special offers page, true it was less than I could get it elsewhere but not considerably so.

terios10

Help!! I do not know what to do. I stupidly paid £1100 to this company after being pressured by a sales person. I have since found out that this company is of ill repute. I have tried calling them but they leave you hanging on the line for ages and give false numbers. For example I felt I needed full representation because I had been let down by my union. They have told me to fill in an on line questionaire as this is the only way they will consider a refund, I have done this and now have to wait 14 days. I paid this money on the 28th July and filled in the questionaire on the 2nd August, I think I am within the 7 days for long distance selling regulations and have asked my bank to help me to a cash assisted charge back but this will take 30 days. I have contacted consumer direct who advised on long distance selling, but feel aggreived that this company will not refund me more quickly, I am a nurse and don't have this sort of money to throw around.
Any suggestions??

neilmcl

terios10 wrote: »

Help!! I do not know what to do. I stupidly paid £1100 to this company after being pressured by a sales person. I have since found out that this company is of ill repute. I have tried calling them but they leave you hanging on the line for ages and give false numbers. For example I felt I needed full representation because I had been let down by my union. They have told me to fill in an on line questionaire as this is the only way they will consider a refund, I have done this and now have to wait 14 days. I paid this money on the 28th July and filled in the questionaire on the 2nd August, I think I am within the 7 days for long distance selling regulations and have asked my bank to help me to a cash assisted charge back but this will take 30 days. I have contacted consumer direct who advised on long distance selling, but feel aggreived that this company will not refund me more quickly, I am a nurse and don't have this sort of money to throw around.
Any suggestions??

Try starting your own thread and give more detail about the company in question, goods purchased, etc.

adam.mt

Chris_R wrote: »

Many thanks for the clarity Adam, I was of the impression the contract of supply comes into place once the goods are paid for in cleared funds.

You're correct that once payment is taken the contract is formed, however for situations like this refunding the customer is considered a suitable recompense for the seller breaking the contract by cancelling the order.

(In fact that's how I started helping on here! I'd bought a graphics card for what looked like a good price, they took the order and even delivered, but since they delivered the wrong thing those 'in the know' on here advised a refund would be sufficient recompense; they didn't have to 'supply what was ordered at the price agreed').

unholyangel

adam.mt wrote: »

You're correct that once payment is taken the contract is formed, however for situations like this refunding the customer is considered a suitable recompense for the seller breaking the contract by cancelling the order.

(In fact that's how I started helping on here! I'd bought a graphics card for what looked like a good price, they took the order and even delivered, but since they delivered the wrong thing those 'in the know' on here advised a refund would be sufficient recompense; they didn't have to 'supply what was ordered at the price agreed').

If they had delivered the correct item they would have been obliged to provide it at the agreed price as under DSR's, a contract doesnt exist until payment has been taken and manually accepted (by sending out the goods).

Legally they can cancel any orders up until this point as they have not had the chance to review the customers offer and reject it or accept it as they would have had if selling in a shop.

adam.mt

unholyangel wrote: »

If they had delivered the correct item they would have been obliged to provide it at the agreed price as under DSR's, a contract doesnt exist until payment has been taken and manually accepted (by sending out the goods).

Thanks Unholyangel, I now know!

unholyangel wrote: »

Legally they can cancel any orders up until this point as they have not had the chance to review the customers offer and reject it or accept it as they would have had if selling in a shop.

Since the goods received were wrong, although in theory they've already done the accept/rejection of the offer (even the receipt they sent corresponded to the order), they've obviously made a mistake (wrongly labelled the goods on their system), and in practice it would prove difficult to force them to supply the correct one.

unholyangel

adam.mt wrote: »

Thanks Unholyangel, I now know!



Since the goods received were wrong, although in theory they've already done the accept/rejection of the offer (even the receipt they sent corresponded to the order), they've obviously made a mistake (wrongly labelled the goods on their system), and in practice it would prove difficult to force them to supply the correct one.

I would have said perhaps they noticed their mistake and purposely send the wrong item but then a) they could have just cancelled upon reviewing your order and b) would be out of pocket for the delivery charges. So does seem to be a genuine mistake in your case!

Unfortunate when you think you're getting a good deal and it falls through Kinda like getting married :rotfl: