Xbox from Asda - can I do something about this?

masscrazy

So I ordered the Xbox 360+Halo ODST from Asda on Wednesday. I got a confirmation of order, confirmation of payment taken, and confirmation of shipment from Wednesday through Friday.

So I was expecting it to come on Monday/Tuesday. However they canceled my order on Saturday (yesterday) because the item was no longer in stock. Yet they took my money and sent out a confirmation the item was "On its way".

I phoned and they made the excuse their stock system updates every 24/48 hours. So they didnt check stock before accepting payment.

(There is more to the story but thats the crux of it)

Anyhow somehow they've got delivery of more items to their warehouse today a sunday and increased the price of the item by £20.

Is there anything i can do to get the order at the original price or get them to give it to me for the original price. I could have got it from Amazon the same day i ordered it from Asda but opted for Asda as they're local to me and since Amazon have increased the price also.

wealdroam

masscrazy wrote: »

So I ordered the Xbox 360+Halo ODST from Asda on Wednesday. I got a confirmation of order, confirmation of payment taken, and confirmation of shipment from Wednesday through Friday.

So I was expecting it to come on Monday/Tuesday. However they canceled my order on Saturday (yesterday) because the item was no longer in stock. Yet they took my money and sent out a confirmation the item was "On its way".

I phoned and they made the excuse their stock system updates every 24/48 hours. So they didnt check stock before accepting payment.

(There is more to the story but thats the crux of it)

Anyhow somehow they've got delivery of more items to their warehouse today a sunday and increased the price of the item by £20.

Is there anything i can do to get the order at the original price or get them to give it to me for the original price. I could have got it from Amazon the same day i ordered it from Asda but opted for Asda as they're local to me and since Amazon have increased the price also.

You have responses on your other thread.

robmar0se

A contract is not formed until the point of dispatch, as such they can decline your order until that point, irrespective of whether they have debited yr account. Tough I know, buts thats the facts.

masscrazy

robmar0se wrote: »

A contract is not formed until the point of dispatch, as such they can decline your order until that point, irrespective of whether they have debited yr account. Tough I know, buts thats the facts.

Yet they sent me an email confirming the order and that the order had been dispatched!

"We're happy to say your Asda Direct order, ********/**, has left our warehouse. This will be delivered in the next few days."


The very next day they get stock and increase the price.

Seems to me like the price was supposed to increase the day it was due to be shipped and so they canceled it and put up a no stock label on the product page.

wealdroam

It seems that a contract is formed with Asda Direct at the time of delivery.

From their T&Cs...

We reserve the right, however, to change prices at any time without notice to you. Every effort is made to ensure that prices shown are accurate at the time you place your order. Provided that your order has not already been delivered, then if within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offer you the option of:-

• placing a new order at the correct price for those goods;
• cancelling the whole of your order; or
• cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods

In a normal shop a contract is formed and completed when the money and goods are exchanged.

Section 28 of the Sale of Goods Act allows for contract to be formed at any time with the agreement of both parties...

28 Payment and delivery are concurrent conditions.
Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.

The important bit is "Unless otherwise agreed".

By agreeing to their T&Cs when making your purchase, you allowed ASDA Direct to move the contract forming point to the time of delivery.

As the goods have not yet been delivered to you, there is no contract in place and so there is nothing wrong with their actions.

Pretty much what neilmcl said on your other thread...

neilmcl wrote: »

Nothing to be done I'm afraid.