What are my rights as a customer?

moneywouldbegood

Hi All

Wondering if someone can help!

Yesterday I was browsing a website called Direct Sight as saw a voucher to use there on Group On. While looking, I saw a pair of 'Chloe' sunglasses for £23.50. I thought this was a right bargain, being a popular shape but remember them from a couple of years ago so thought they must have been an old model.

So I bought them, put credit card details in etc and address, got an email confirming my order and was sent an order number, the email stated I would be sent an email once my glasses had been dispatched.

I sent my BF a link to the glasses and he looked about an hour later, the sunglasses price had then changed to £235.00, therefore my price must have been a mistake and they realised this after my order.

Today I logged onto Direct Sight and went to my account, this showing I had no previous orders. I emailed the company and they emailed back saying that this particular model was out of stock and was now being discontinued due to such high demand. They offered my a 50% voucher off any other chloe glasses (potentially being worth £100 as most glasses are about £200).

I emailed back asking why they weren't showing out of stock at time of buying and why did my order go through and payment taken if they were out of stock.

I believe that they haven't got out of stock and just don't want me to have them at this price.

What are my rights here??

Thanks very much in advance x

vuvuzela

I assume their T&Cs will say no contract is formed until despatch. If it does, you have no 'rights' at all.

moneywouldbegood

Ah thank you. I assumed that if I had confirmation, it was sold to me if payment went through.

I just was gutted about my complete bargain that wasn't in the end!

unholyangel

In actual stores a contract is formed when an offer is made and accepted (payment taken). Online its slightly different. This is due to most websites using automated confirmation services.Usually contracts are formed when the goods are sent (ie order has been reviewed by someone and manually accepted) BUT if their T&Cs state a contract is formed on receipt of confirmation email (or something to that effect) then you could technically argue breach of contract.

shaun_from_Africa

The T&Cs from the Direct Sight website are very clear as to when an order has been accepted, and from what you've posted, I would say that there is definitely a breech of contract. (however, getting it enforced is a different matter).

http://www.directsight.co.uk/terms-and-conditions.html

2. Orders for Goods (please see section 8 for information on the Home Trial service)
Submission of an Order represents an offer to purchase Goods from Direct Sight, receipts of which may be confirmed via email...
...
your order is accepted once full payment has been accepted or when the purchased goods are shipped, whichever occurs first. We will confirm acceptance of your Order via email or verbally (depending on whether the Order is placed via the website or telephone)

They have acknowledged that they received your order, accepted the payment and then confirmed this acceptance in an e-mail.

But,
They can probably use their "Limitations of supply" clause as a get out.

We will always make a reasonable effort to ensure that all Orders are fulfilled; however we cannot always guarantee the availability of Goods on the website. If the ordered Goods are unavailable, we will attempt to contact the customer to offer a viable alternative or a refund. If we are unable to contact the customer, the Order will be cancelled and a full refund will be issued. In the case of the Home Trial service we may send partial goods if some goods are unavailable

somethingcorporate

Contract formation is completely irrelevant given the last point from Shaun. They cannot sell what they do not have and it appears they have 'no' stock and you cannot prove otherwise so you get your money back. The fact that they offered you a 50% off voucher seems pretty damned generous considering most companies just give you your money back (and often take their time over doing it).

Flyboy152

shaun_from_Africa wrote: »

The T&Cs from the Direct Sight website are very clear as to when an order has been accepted, and from what you've posted, I would say that there is definitely a breech of contract. (however, getting it enforced is a different matter).

http://www.directsight.co.uk/terms-and-conditions.html

2. Orders for Goods (please see section 8 for information on the Home Trial service)
Submission of an Order represents an offer to purchase Goods from Direct Sight, receipts of which may be confirmed via email...
...
your order is accepted once full payment has been accepted or when the purchased goods are shipped, whichever occurs first. We will confirm acceptance of your Order via email or verbally (depending on whether the Order is placed via the website or telephone)

They have acknowledged that they received your order, accepted the payment and then confirmed this acceptance in an e-mail.

But,
They can probably use their "Limitations of supply" clause as a get out.

Then presumably the OP might have a case.

Surely, ultimately they would have to prove they were out of stock. They way to do so, I presume, is to order the glasses, using the voucher and see if they arrive. If they do, the OP might be able to bring action in the small claims court.

Flyboy152

somethingcorporate wrote: »

Contract formation is completely irrelevant given the last point from Shaun. They cannot sell what they do not have and it appears they have 'no' stock and you cannot prove otherwise so you get your money back. The fact that they offered you a 50% off voucher seems pretty damned generous considering most companies just give you your money back (and often take their time over doing it).

But the OP has said they are selling them at the full price. If that is true, would she not have a case?

somethingcorporate

Possibly, and the offer of a 50% off voucher just because something went out of stock does sound a bit weird - trying to appease their guilt perhaps?!

I think ultimately you are right but proving the company does have stock will be difficult to do and probably not worth the hassle. It appears that the order has already gone from the OPs account so unless they took screenshots etc it is going to be an uphill battle, plus they have to shell out £100+ to order the pair at full price.

If it were me I would chalk this one up to experience and use the voucher on another pair.

Flyboy152

I don't disagree, I was more interested in the principle of the concept.