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Bob_Gnarly
Posts: 2 Newbie
Hello,
I placed an online order on a well known Sunglasses manufacturer's website for a pair of custom made glasses and received an order confirmation email. Today I have received an email stating that there was a technical issue with the web site and that the price I had paid was incorrect and the order has been cancelled.
Normally I would expect that the supplier has every right to do this however in this instance my order confirmation states that due to the glasses being custom made.
"All sales of Custom Product are final. No refunds, exchanges or cancellations will be accepted."
I checked the web site's T&Cs and they state as follows:
· All orders are subject to acceptance by us. Except as set out in paragraph 2.2 of this Part B below, we will confirm acceptance to you by sending you an email that confirms that the goods ordered by you have been dispatched (the “Shipping Confirmation”). The contract between you and us, which shall incorporate these Terms of Sale, will be formed only when we issue the Shipping Confirmation to you. The contract will relate only to those goods whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other goods which may have been part of your order, until the dispatch of such goods has been confirmed in a separate Shipping Confirmation.
but then just below the above
· In the case of goods that are made to order (such as custom sunglasses) acceptance of your order takes place at the point at which we send out our Order Confirmations. Please be aware that different cancellation rights apply to goods that are made to order, see section 5 and our Returns Policy for more details.
Does this mean that the order confirmation I received on email is acceptance of order and therefore they are law bound by their own T&Cs to supply the glasses to me at the price agreed?
Should I look for any other wording in the T&Cs or does the above put me in a good position to argue?
Thanks
Bob
I placed an online order on a well known Sunglasses manufacturer's website for a pair of custom made glasses and received an order confirmation email. Today I have received an email stating that there was a technical issue with the web site and that the price I had paid was incorrect and the order has been cancelled.
Normally I would expect that the supplier has every right to do this however in this instance my order confirmation states that due to the glasses being custom made.
"All sales of Custom Product are final. No refunds, exchanges or cancellations will be accepted."
I checked the web site's T&Cs and they state as follows:
· All orders are subject to acceptance by us. Except as set out in paragraph 2.2 of this Part B below, we will confirm acceptance to you by sending you an email that confirms that the goods ordered by you have been dispatched (the “Shipping Confirmation”). The contract between you and us, which shall incorporate these Terms of Sale, will be formed only when we issue the Shipping Confirmation to you. The contract will relate only to those goods whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other goods which may have been part of your order, until the dispatch of such goods has been confirmed in a separate Shipping Confirmation.
but then just below the above
· In the case of goods that are made to order (such as custom sunglasses) acceptance of your order takes place at the point at which we send out our Order Confirmations. Please be aware that different cancellation rights apply to goods that are made to order, see section 5 and our Returns Policy for more details.
Does this mean that the order confirmation I received on email is acceptance of order and therefore they are law bound by their own T&Cs to supply the glasses to me at the price agreed?
Should I look for any other wording in the T&Cs or does the above put me in a good position to argue?
Thanks
Bob
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Comments
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On the surface, it appears you have a case. However it is a little surprising that, with custom made orders particularly, the "acceptance" is an automatic process without any human intervention. It may be that there are two "confirmations", one upon receipt of order, and another to confirm that the work will take place.
As a first step I suggest you quote those terms to them and see what they say, but don't go in "demanding".
What is the site?Competition wins: Where's Wally Goody Bag, Club badge branded football, Nivea for Men Goody Bag0 -
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Despite the above I imagine somewhere else in the terms it states they can cancel the order in case of such errors.
The confirmation email after you ordered... does it state Order Confirmation or perhaps Payment confirmation.. may seem a petty difference, but could be of great importance..
Last but not least... even if a contract has been formed and they are in the wrong..... you cannot force them to fulfil your order if they outright refuse.0 -
Originally Posted by arcon5
Despite the above I imagine somewhere else in the terms it states they can cancel the order in case of such errors.
Spot on.Pricing Errors
Whilst we try to ensure that all the prices on the Site are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as reasonably possible. You will then be given the option of re-confirming your order at the correct price or cancelling your order.
http://uk.oakley.com/legal/terms-and-conditions0 -
I'm in the same situation, having been the original posted on hukd.
Let me know how you get on0 -
http://www.facebook.com/oakleyeurope
OCP Pricing Error - We confirm that Oakley will honour the custom orders placed between Tues 26th-Fri 29th July, and include free shipping. Our Customer Service team will contact individuals concerned from Mon 1st Aug. We apologise again for the pricing error. We listen to our fans and value your loyalty to our brand. To reiterate we do not delete or censor comments on Facebook, we welcome all consumer feedback
:T:T
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