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Changed the deal- can they do that?

bargain_hunts
bargain_hunts Posts: 29 Forumite
edited 19 October 2012 at 9:31PM in Consumer rights
Hi all - quick query on a friends behalf.
She has pre-ordered the new Skylander Giants from a store leaving a £5 deposit to secure the game. It was released this morning (19/10/12) and she got a text yesterday to say it Must be collected within 48 hours or they will sell the product to whoever.
She rang them up when they opened this morning to say she couldn't get there within 48 hours but still wanted the item. They said if its not purchased they will give her £5 "store credit" for the deposit and thats it. They were quite rude about it!
Surely if they suddenly decide to change the agreement from 'come pick it up' to 'come pick it up within 48 hours', she is entitled to her cash back if when she does get down there they have none left as she will need to try and get it from elsewhere?
Any advice would be appreciated
:hello:
«1

Comments

  • ThumbRemote
    ThumbRemote Posts: 4,724 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If they have breached the contract, by not keeping hold of the game for her, they must refund her deposit.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    And not as store credit - they're just trying it on.
  • System
    System Posts: 178,325 Community Admin
    10,000 Posts Photogenic Name Dropper
    They have to give you £5 cash back. However I don't think its unreasonable for them to impose a time limit on collections. Otherwise you could theoretically leave it weeks before collecting the game!

    However they should have told her this on ordering and they can't keep the £5.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Valli
    Valli Posts: 25,441 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    so OP there you go. Sound advice.

    Do let us know what happens, please.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is there no one who would possible be shopping in that area or even passing from/to work that could pick it up for her?

    May save the hassle of arguements and that way she gets the game too!
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Thanks everyone. She rang customer services and couldn't get through so emailed them. Their response was the usual 'we'll get back to you within 48 hours' so will let you know what/if they respond.
    The reason it was to be collected next week not this is she's waiting for payday. I would happily go get it for her but dont have a spare £55 to pay for it!
    :hello:
  • fozmcfc
    fozmcfc Posts: 3,098 Forumite
    Part of the Furniture Combo Breaker PPI Party Pooper Debt-free and Proud!
    Seems stupid to pre-order it in the first place, if she wasn't going to be able to pick it up upon release or even a day or so later.

    That is just doing someone else out of the game that can afford it on release day, so I'm glad the shop impose such measures.

    I agree however that the £5 should be given back in cash, not vouchers.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    fozmcfc wrote: »
    Seems stupid to pre-order it in the first place, if she wasn't going to be able to pick it up upon release or even a day or so later.

    That is just doing someone else out of the game that can afford it on release day, so I'm glad the shop impose such measures.

    I agree however that the £5 should be given back in cash, not vouchers.

    :eek:

    And if they wanted the game collected within a certain period they should have specified! It's not ops fault they've gone and moved the goal posts.
    Collecting within 7 days isn't unreasonable.

    If ops friend went to the effort of pre-ordering, then she's hardly to blame if somebody else basically whinging it and hoping they have stock left doesn't get a copy!
    In fact, maybe it's the shops fault for not ordering enough? Or the manufacturers fault for not releasing enough?
  • Techhead_2
    Techhead_2 Posts: 1,769 Forumite
    Pre- ordering is normally about making sure of collection/ delivery on day of release. It's not really a reservation system. So I can see the store's point. To me this seems like a misunderstanding of the purpose of pre- ordering.

    At the risk of upsetting people, it is only a game and if you can wait to pay day then just use the credit off it. It's not really worth the stress and effort of arguing over a pre- order.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Pray they don't alter it any further.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
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