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Play.com advice please

I ordered headphones on Play.com on 27/08/10.

My account has always said 'awaiting stock'.

I emailed on the 25 September, asking when they would be posted to me, as I saw they were available to purchase on the Play.com site.

Play have now emailed back to say:

"Unfortunately, this item was only available in limited quantities and all
copies have now been sold. As it is unlikely that we will be able to offer
the item again in the near future we remove the item from the general
release of the orders and the one you are seeing on the website is an item from our third party seller and from Play.Com itself. You may cancel the item online as the item is still not charged."


Where do I stand?

Do Play have a duty to offer me the item at the price I ordered it?

I want the product. It was an extremely good deal, and I think they are backing out of it.

Perhaps they should have informed me there were none to purchase, instead of taking my order and leaving me hanging.

Your advice as to my rights and my next move is most gratefully appreciated.

Comments

  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    maryk_88 wrote: »
    I ordered headphones on Play.com on 27/08/10.

    My account has always said 'awaiting stock'.

    I emailed on the 25 September, asking when they would be posted to me, as I saw they were available to purchase on the Play.com site.

    Play have now emailed back to say:

    "Unfortunately, this item was only available in limited quantities and all
    copies have now been sold. As it is unlikely that we will be able to offer
    the item again in the near future we remove the item from the general
    release of the orders and the one you are seeing on the website is an item from our third party seller and from Play.Com itself. You may cancel the item online as the item is still not charged."


    Where do I stand?

    Do Play have a duty to offer me the item at the price I ordered it?

    I want the product. It was an extremely good deal, and I think they are backing out of it.

    Perhaps they should have informed me there were none to purchase, instead of taking my order and leaving me hanging.

    Your advice as to my rights and my next move is most gratefully appreciated.


    If they have none they can't sell you any!
    You have no rights as they never charged you, so no contract ever existed.
    The contract is only formed when the item is despatched

    .
    Don`t steal - the Government doesn`t like the competition


  • If you haven't been charged then whats the problem? Simply cancel the order and move on.
    Politicians and diapers have one thing in common. They should both be changed regularly, and for the same reason.
  • maryk_88 wrote: »
    I ordered headphones on Play.com on 27/08/10.

    My account has always said 'awaiting stock'.

    I emailed on the 25 September, asking when they would be posted to me, as I saw they were available to purchase on the Play.com site.

    Play have now emailed back to say:

    "Unfortunately, this item was only available in limited quantities and all
    copies have now been sold. As it is unlikely that we will be able to offer
    the item again in the near future we remove the item from the general
    release of the orders and the one you are seeing on the website is an item from our third party seller and from Play.Com itself. You may cancel the item online as the item is still not charged."

    Where do I stand?

    Do Play have a duty to offer me the item at the price I ordered it?

    I want the product. It was an extremely good deal, and I think they are backing out of it.

    Perhaps they should have informed me there were none to purchase, instead of taking my order and leaving me hanging.

    Your advice as to my rights and my next move is most gratefully appreciated.


    You should know your rights and enforce them. DEMAND they give you the goods at the advertised price. It is not your fault they cannot get them for that price and you should ring them up and DEMAND compensation too.

    The problem with this country is not enough people DEMAND compensation. We need to get into a compensation frame of mind.
    "There's no such thing as Macra. Macra do not exist."
    "I could play all day in my Green Cathedral".
    "The Centuries that divide me shall be undone."
    "A dream? Really, Doctor. You'll be consulting the entrails of a sheep next. "
  • You should know your rights and enforce them. DEMAND they give you the goods at the advertised price. It is not your fault they cannot get them for that price and you should ring them up and DEMAND compensation too.

    The problem with this country is not enough people DEMAND compensation. We need to get into a compensation frame of mind.


    I disagree. I think we are becoming more like america, eveybody sueing everybody.... nobody has died. its just a mistake. It happens.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ccotaxc wrote: »
    I disagree. I think we are becoming more like america, eveybody sueing everybody.... nobody has died. its just a mistake. It happens.

    I think spartacus mills was being facetious ;)

    As for the OP, what derrick said was correct.....they are under no obligation to uphold their offer. When a contract is formed when ordering online compared to in a shop is different.

    The reason for this is that in a shop, there is a employee who will accept or reject your offer. Online it is usually automated and no employee reviews your order until the item is about to be processed for dispatch. So it is at this time they can accept or reject your offer.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Well thanks for your replies. I'm just a bit miffed really. I suppose their systems should be up to date with stock levels when accepting orders and then it would have said out of stock immediately.

    Thanks for putting me in the picture
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