M&S demanding more money for sale items I ordered online.

bongoshopping

DCodd wrote: »

Could the OP not order something small from the M&S website, wait for the confirmation of despatch e-mail and ring up and cancel the order. If M&S say the confirmation e-mail is the point when the contract is binding then the OP has M&S's definitive interpretation of their own T&C's?

I don't know if this makes any difference;

When you order from M&S you can cancel or edit your order up to the point when M&S change the order status by putting this against it, 'Please note: this order cannot now be amended. This does not affect your legal rights'. M&S explained to me they change it to this when they have confirmed stock availability and are preparing for dispatch. At the same time, an expected delivery date also appears as well. The order remains in the customers' 'open' orders customer's account.

After this, (anything between 1 day to 2 weeks), M&S change the order status from 'pending dispatch' to 'item dispatched on - and gives date'. At the same time, the order gets moved from 'open' orders to 'completed' orders in customer's account. The customer gets no further info other than the goods arriving.

somethingcorporate

wealdroam wrote: »

If M&S send an email saying "we have dispatched the goods", that is effectively the same as if they had sent an email saying "we now have a formed contract. From this point onwards, we are committed to selling the goods and you, the consumer, are committed to the purchase."

I am not sure you are correct there. Anything to back it up?

If there was nothing on the dispatch notice saying the contract was now formed I would argue if the email has gone out and yet the goods have not the contract has still not been formed (as per the M&S T&Cs).

M&S don't say that contract formation occurs when you receive notification that the goods have been dispatched but when goods are dispatched. Whilst in reality these should be the same thing I am not sure that they are.

Although morally (and from a consumer rights perspective) I do 100% agree with you and am sure a judge would take a very dim view if M&S resorted to using my logic as a defence!

Lip_Stick

somethingcorporate wrote: »

I am not sure you are correct there. Anything to back it up?

If there was nothing on the dispatch notice saying the contract was now formed I would argue if the email has gone out and yet the goods have not the contract has still not been formed (as per the M&S T&Cs).

M&S don't say that contract formation occurs when you receive notification that the goods have been dispatched but when goods are dispatched. Whilst in reality these should be the same thing I am not sure that they are.

Although morally (and from a consumer rights perspective) I do 100% agree with you and am sure a judge would take a very dim view if M&S resorted to using my logic as a defence!

Why say an item has been despatched, when it hasn't? What kind of organisation is that? As I said, it rules in the sender's favour if notification of despatch isn't evidence of despatch. They can recall the item at any time, break the contract and no one would be none the wiser.

bongoshopping

Just to thank everyone for their advice.
I continued to challenge M&S and after 2 letters (attaching print outs of their dispatch confirmation) and several phone calls they eventually agreed to supply my order at the price I ordered it for.
It was delivered today. I didn't dare post this until now - I didn't want to tempt fate incase it wasn't delivered!

cally6008

pleased for you

tbw

A great result - M&S must have known their reputation was at risk . It sometimes pays to be keep chipping away.