Virgin Experience Days Hot Air Balloon Flight for 2

karlie88

anybody understand what the following means?

Payments we've received04/01/2011
Payment Received - Thank You149.95CR
Items you've ordered04/01/2011XX002Post And Packing 3.95


Sundry Items And Adjustments

06/01/2011
Item Delivery Adjustment3.95CR
06/01/2011
Item 36.00
06/01/2011
Item 39.00
06/01/2011
Item 36.00
06/01/2011
Item 35.00
06/01/2011
Refund To3.95
Pending ItemsItems you don't need to pay for now04/01/2011MB89521Spa Break For 2 (1 Night Stay) £36.00 - Direct From Manufacturer

04/01/2011MG1582HHot Air Balloon Flight For 2 £36.00 - Direct From Manufacturer

04/01/2011MG3811WCouples Choice Voucher £39.00 - Direct From Manufacturer

04/01/2011MW40015Vintage Red London Bus Tour & Ev £35.00 - Direct From Manufacturer

06/01/2011MG1582HHot Air Balloon Flight For 2 - Sorry Not Available
CR
06/01/2011MG3811WCouples Choice Voucher - Sorry Not Available
CR
06/01/2011MB89521Spa Break For 2 (1 Night Stay) - Sorry Not Available
CR
06/01/2011MW40015Vintage Red London Bus Tour & Ev - Sorry Not Available
CR

ultimatestirrer

This is an interesting case as contracts have two basic elements to them of express and implied terms. Implied terms are general ones, such as buying something and it is OK, express being pertinent to the contract.
Generally speaking implied terms are based on primary legislation and can supersede express terms, such as disclaimers saying 'its not my faulty however caused' and yet if there was negligence and it was proven then that disclaimer would be kicked out by a court e.g. Signage often seen in car parks is often not worth the printing costs in a court of law.
So here we have an offer to treat, the consumer accepts, the money is taken and then the goods are not supplied, albeit they are still available. Now I would argue that under implied terms I am due my goods or suitable restitution e.g. get them from elsewhere e.g. Virgin itself and they pay me back the full price. As far as the implied terms goes then these are null and void as whilst they may be T&Cs of the contract are they obvious to me at point of purchase, as opposed to being a tick box and a link to a Section of the site elsewhere. Furthermore one would argue that the express terms of the supply of goods supersedes these implied terms.
As such I think if i do not hear anything next week i will issue a claim as it is highly unlikely even if I lost that I would be liable for costs in the county court against such a big retailer and of course with no contact back from the company, this course of action would be reasonable!

epsilondraconis

Good to see that someone is going to run with the legal action. It'll be interesting to see how you get on.

Good luck ultimatestirrer...

lisyloo

Please do come back and let us know how you get on.

hamy23

i was expenting them to be deliverd today but not arrive in post update tommor

loveglitch

i personally have contacted virgin balloon flights and ask why they are not available to the company very, additions etc and i got the reply

"I can confirm that we do provide trusted partners with our Virgin Balloon Flights to sell through their own companies we do not sell a limited amount to them."

so if anyone needs to email virgin for their court case as i assume the "sold out" is being blamed on the supplier as thats where they come from direct. Have asked virgin to reconsider their partnership with them too.
HTH

karlie88

RESULT!!!

Dear,

We are emailing about your recent order for the Couples Choice Voucher.
Between the 24th December 2010 and January 4th 2011 due to an inputting error the product that you ordered Couples Choice Vocuher was incorrectly priced on our website
Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occasionally occur. In this instance we are unable to honour your order as per our terms and conditions but as an acknowledgment of our error we would like to give you the opportunity to buy the product at a discount of 25% of the correct selling price of £109.00. If you wish to take up this offer then please call us on 0844 822 2321.
As a further way of our apology we will be sending you out a £50 Very Gift Card which you can use on Very.co.uk at anytime within the next 24 months
Mistakes like this are most unusual and I apologise for any inconvenience or disappoint this may have caused you.

lynzpower

Karlie was that out of the blue? Or did you email them first?

karlie88

lynzpower wrote: »

Karlie was that out of the blue? Or did you email them first?

they just sent it to me. i did not make any correspondence with very. sorry should have added that info.

the email stated that it's for the couple voucher. i also bought 3 other virgin vouchers (part of the same order), wonder if i'll get another 3 emails with them????

alictait

never had an email or anything from very after 'buying' the balloon and spa experiences, showed yesterday as sold out on my account although the money had come out of my bank account, i emailed as said I wanted my money back asap or I would take legal action - all the money was refunded today in 3 amounts - 1 for each experience and 1 for postage. Bit annoyed they haven't even bothered to contact me but at least I have the money back