Ikea cancelled my sofas after taking my money and confirming a delivery date

Nodsy

I have just been told by Ikea that they have cancelled the Sofas which I purchased on Saturday. They took the money from my credit card on Saturday, sent me an e-mail with this text ' this email forms a legally binding contract between you and us' and advised me of a delivery date (13th August). On receipt of this date I cancelled a ferry crossing as this date was the start of my summer holiday. I have now tried to re-book and discovered the ferry is full!

They claim that they have taken too many orders (they were in the sale) and don't have the stock to fulfil the order. Surely they cant do this? If I had cancelled they would have charged me 30% cancellation fee. Their customer 'service' centre keep saying someone will call me back, but I have heard nothing.

Has anybody got any advice?

digitaltoast

Nodsy wrote: »

Has anybody got any advice?

Annoying, isn't it? I had mine cancelled too. Did you get the £50 "sorry" gift card? I left it at that - £50 is better than nothing, and legally there's nothing I can do.

However... other people are going nuts. Over on HotUKDeals, people are threatening to go to the court of human rights, take class action suits (not 3 piece suits) etc. The fun starts here....
http://www.hotukdeals.com/deals/sm-gen-leather-three-seat-sofa-j-mn-anthracite-was-816-now-204-ikea/969662?page=3

gordikin

From Ikea Terms and Conditions:-

4. ORDER ACCEPTANCE
4.1. Except as set out in paragraph 4.2 below, acceptance of your order will take place only when we despatch the goods to you. Until we despatch your goods no contract will have been formed between you and us.

arcon5

Op even if a legally binding contract was in place, if they don't pysically have enough sofas to fulfil orders then what else can they do?

arcon5

gordikin wrote: »

From Ikea Terms and Conditions:-

4. ORDER ACCEPTANCE
4.1. Except as set out in paragraph 4.2 below, acceptance of your order will take place only when we despatch the goods to you. Until we despatch your goods no contract will have been formed between you and us.

I'm afraid 4.2 plays part here as the sofa will be made to order.

4.2. In the case of goods that are made to order (such as made to order sofas or worktops) acceptance of your order takes place at the point at which we send out our Delivery Advice email. Please be aware that different cancellation rights apply to goods that are made to order, see our Returns Policy for more details.

BadgerFace_2

If you really wanted to pursue this, you could sue them for damages, due breach of contract as per the SOGA. You can claim any damages directly or naturally resulting from their rescission, in addition to the cost difference between the price of their product and a similar product.

DVardysShadow

arcon5 wrote: »

Op even if a legally binding contract was in place, if they don't pysically have enough sofas to fulfil orders then what else can they do?

Order some more?

If OP decided to cancel because the delivery date coincided with his ferry, you can be sure that this binding contract would be found to be binding.

texranger

Nodsy wrote: »

I have just been told by Ikea that they have cancelled the Sofas which I purchased on Saturday. They took the money from my credit card on Saturday, sent me an e-mail with this text ' this email forms a legally binding contract between you and us' and advised me of a delivery date (13th August). On receipt of this date I cancelled a ferry crossing as this date was the start of my summer holiday. I have now tried to re-book and discovered the ferry is full!

They claim that they have taken too many orders (they were in the sale) and don't have the stock to fulfil the order. Surely they cant do this? If I had cancelled they would have charged me 30% cancellation fee. Their customer 'service' centre keep saying someone will call me back, but I have heard nothing.

Has anybody got any advice?

so if you went into Tesco for a tin of heinz baked beans and found non on the shelf, would you demand that they give you a tin of these beans that they dont have.

stock shortages happen all the time and if a store has physical stores and online stores that are not stock connected then this can happen and does happen more that you think.

some stores are now investing in software that they will say have 24 items, so that if buyer A buys 1 intore this will show as 23 online and on their system, so when all 24 are sold no more can be ordered, but for some reason furniture stores wont opt for this system

nextvip

However, IKEA make these sofas to order, so your point is invalid. If they wanted to make more of these, then they'd just need to get the manufacturer to make more.

gordikin

nextvip wrote: »

However, IKEA make these sofas to order, so your point is invalid. If they wanted to make more of these, then they'd just need to get the manufacturer to make more.

In theory IKEA can ask the manufacturer to make more, I'm not sure they can compel them to do so though if they have ceased production of that particular suite.

texranger

nextvip wrote: »

However, IKEA make these sofas to order, so your point is invalid. If they wanted to make more of these, then they'd just need to get the manufacturer to make more.

NO what Ikea and others do they will contact a manufacturer and say we want to order 200 3-piece sofa sets in beige leatherette that we can retail at lets say £299.
the manufacturer will produce these 200 sets and deliver to Ikea's distribution centre.

when these 200 are sold then no more of thet set will be produced.