sale item "no longer availible" any come back?

bishbash97

Hi,
I’m new to this so please be gentle. I recently looked online for a car part which I eventually found at a quite a reduced rate. From looking at other sizes it appeared that as luck would have it my size was the only one in the sale. I purchased the item (money debited from my account) only to receive an email later stating that "the item was no longer available".

I looked on the companies website and low and behold the item is still available just at a higher price. The company also trade on |Amazon and eBay, both site showed the item available but at the higher price.

Their terms and conditions do not state anything about when they deem the contract to be commenced, i understand that it used to be upon payment but can sometimes be when the goods are shipped.

They have refunded me but seem to be ignoring my emails asking for a further explanation.

Is it worth pursuing in an attempt to get the item at the price I initially paid or should I walk away and avoid any future dealings with the company?

Im no expert but would have thought once you paid for an item you have some legal claim to it and it should be up to you if you wish to sell it back to the company?

Thanks in advance.

chunkychocky

There isn't anything you can do. You can't force them to sell it to you at the price they had previously had it listed at. Remember when Argos listed TVs for 1p or £1 or whatever it was. They weren't obliged to fulfill orders, so they just cancelled each and every one of them. Still it is poor form that they are not responding to you so I'd probably name and shame and not buy from them again.

Caz3121

often when you purchase the contract is deemed when the item is dispatched. As long as they give you a full refund, puting you back in the position you were before the transaction I don't think you can do anything else.
This often happens in sales, there can be no stock then when the sale is over it appears. There are probably some regulations around having some for sale to start with when they offer it but they may say they had x amount at the sale price and they are all sold. They are probably hoping you will buy at the higher price but just take the refund and give someone else your money

hcb42

I would walk away to be honest, even if it was a mistake with the price, that is allowable, and there isnt a lot you can do other than get the part elsewhere now.

unholyangel

chunkychocky wrote: »

There isn't anything you can do. You can't force them to sell it to you at the price they had previously had it listed at. Remember when Argos listed TVs for 1p or £1 or whatever it was. They weren't obliged to fulfill orders, so they just cancelled each and every one of them. Still it is poor form that they are not responding to you so I'd probably name and shame and not buy from them again.

That was because Argos' terms and conditions were worded in such a way that allowed this.

There is such a thing as "loss of bargain" but it can be notoriously difficult to prove. Especially if the price you ordered at was not realistic. Like say if other websites were listing the price as £500 and this one had it for £50.....that is more likely to be refused as a loss of bargain.

It is also important to state when a contract is formed. In a actual shop, it is upon payment. But over the web......it can be upon payment, upon confirmation email, upon them sending the goods etc. The reason this is so important is because if the terms are that a contract is not formed until the goods have been sent, then they cancel prior to this for any or no reason. Quite simply, it is the point where the customer becomes legally bound to pay for the goods and the retailer are legally bound to supply them.

squeaky

Hi,

See... Must shops sell at the marked price? and When is an on-line contract formed? (They took my money - but then declined the order)

bishbash97

Thanks to all for the replies. Still no reply from the company in question, TOWEQUIPE (consider yourselves named and shamed). I would have had some respect for them if they had contacted me and informed me the pricing was a "mistake" rather than lie to me about lack of availability then ignore all future emails sent to them. I shall simply purchase my required item elsewhere.

It is, however, refreshing to know that several people I have never met had jumped to my assistance with above comments.

unholyangel

Just to give you a different take on it......

It may be possible that when they said it was no longer available, they meant there was none left in stock at that price. Retailers can get discounts/offers from suppliers and in turn pass those on to the consumer.

They may have run out of stock on those and are now increased in price due to the ones they have in stock just now, costing them more from their suppliers.

Not saying that is what has happened of course (i'm not psychic ) just another possibility