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Cancelled order advice please - CURRYS

Hi,
In Early Sept I ordered a SMEG cooker from CURRYS, price was £799. At the time of ordering the same item was available elsewhere at a similar price. The item was paid for in full and I received an email confirming the order.
Last week, out of the blue I received notice that the order was being cancelled, it seems that the item cannot now be sourced by Currys. However, there is an almost identical cooker on the website for £999, checks show that this is the replacement model for the one which I ordered.
I believe that as we had a contract Currys are obliged to supply the item ordered or a suitable alternative, which from my point of view is the cooker currently in stock at the higher price.
My knowledge of consumer law with regards to this is thin to say the least.
I'd apreciate a view from anyone who has knowlege of this area.
Thanks

Comments

  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    T and Cs..

    Firstly, don’t panic if you make any mistakes during your order, you can correct any input errors right up until you confirm payment.
    Once you’re happy everything is correct and you’ve submitted an order you’ll be given an Order Reference Number and details of the products (and/or services) you have ordered. You’ll then receive an email headed ‘Order Acknowledgement’ recognising receipt of your order. We will then send a further email headed ‘Order Confirmation’ and this is when our contract with you begins. This second email also lets you know how your products will be delivered to you. If we have to cancel all or part of your order for any reason, we will email you to let you know.
    If you choose our Reserve and Collect service you will be given a reference number and details of your order. You will not be asked to pay until you collect the goods from your chosen store.
    Because all Reserve & Collect sales take place in our stores, sales are subject to the normal in-store terms of sale, statutory rights and the Manager''s discretion. Just take your Reserve & Collect print out and/or reference number with you and our store will sell you the goods at the website price or store price, whichever is cheaper.
    Sometimes we have to hold our hands up and admit we have made a mistake by unintentionally publishing inaccurate information on the site (e.g. the price, description or availability of a product you have ordered). In this instance we may have to cancel your order at any time up to the point we send you the product(s), even if you have received your Order Confirmation email, and you will receive a full refund of any charges already paid.
  • DWatts
    DWatts Posts: 173 Forumite
    munster39 wrote: »
    I believe that as we had a contract Currys are obliged to supply the item ordered or a suitable alternative

    Currys have no obligation to provide a suitable alternative, unless their T&C's decide they do (which, they probably don't). The contract was only for the item ordered.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just out of curiosity, go to the Dixons Site and look for the same model. Currys and Dixons are sister companies.

    Twice over the past year Ive bought 2 things from Dixons, one was £25 cheaper and the other was £40 cheaper.

    Only yesterday I was looking at a Panasonic 32"TV.

    Currys £299.00

    Dixosn £275

    For exactly the same model.

    Worth a try and free delivery
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • visidigi
    visidigi Posts: 6,463 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    McKneff wrote: »
    Just out of curiosity, go to the Dixons Site and look for the same model. Currys and Dixons are sister companies.

    Twice over the past year Ive bought 2 things from Dixons, one was £25 cheaper and the other was £40 cheaper.

    Only yesterday I was looking at a Panasonic 32"TV.

    Currys £299.00

    Dixosn £275

    For exactly the same model.

    Worth a try and free delivery

    Thats because Dixons is internet only, where as Curry's allows collect from store...have to cover the overheads...
  • On behalf of munster39 -

    Following dialogue with Currys they have pretty much agreed to supply the replacement under the original terms and price .

    Well done to Currys - pays to ask, pays to ne reasonable and persistent .
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    arcon5 wrote: »
    T and Cs..
    Quote:
    Firstly, don’t panic if you make any mistakes during your order, you can correct any input errors right up until you confirm payment.
    Once you’re happy everything is correct and you’ve submitted an order you’ll be given an Order Reference Number and details of the products (and/or services) you have ordered. You’ll then receive an email headed ‘Order Acknowledgement’ recognising receipt of your order. We will then send a further email headed ‘Order Confirmation’ and this is when our contract with you begins. This second email also lets you know how your products will be delivered to you. If we have to cancel all or part of your order for any reason, we will email you to let you know.
    If you choose our Reserve and Collect service you will be given a reference number and details of your order. You will not be asked to pay until you collect the goods from your chosen store.
    Because all Reserve & Collect sales take place in our stores, sales are subject to the normal in-store terms of sale, statutory rights and the Manager''s discretion. Just take your Reserve & Collect print out and/or reference number with you and our store will sell you the goods at the website price or store price, whichever is cheaper.
    Sometimes we have to hold our hands up and admit we have made a mistake by unintentionally publishing inaccurate information on the site (e.g. the price, description or availability of a product you have ordered). In this instance we may have to cancel your order at any time up to the point we send you the product(s), even if you have received your Order Confirmation email, and you will receive a full refund of any charges already paid.



    My red highlighting seems a bit contradictory to me, wonder how a judge would view it

    .
    Don`t steal - the Government doesn`t like the competition


  • Derrick

    They send out at least two emails

    One called "Order acknowledgement" and another called "Order confirmation"

    The first one called "Order Acknowledgement" just states that they've received your order and are processing it.
    The second one called "Order confirmation" is only sent once the item has been dispatched.


    So the point is moot, since Order Confirmation is only sent once they've sent the package out for delivery (And the Confirmation contains the tracking info for the courier)
  • stockportsaver
    stockportsaver Posts: 7 Forumite
    Part of the Furniture Combo Breaker
    edited 29 September 2011 at 5:02PM
    On the contrary, this is the very heart of the issue. The order confirmation is not sent out around the time of despatch but within a day or so if the initial order acknowledgement email . Or at least it was in my case .
    The t and c's are not as clear as some say, as , per the t and c's the contract is made at the time of the confirmation email. A point which doubtless helped my case.
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