Order confirmed but out of stock, can they up the price?!

mking3181

Hi, I placed an order with carphone warehouse on Friday night. The website said the items were available for home delivery and i received an email order confirmation. However yesterday afternoon i received a further email from them saying the product is out of stock and that they will make every effort to fulfil my order in the next 5 days, but that any offers that get taken off the website in this time period will not be redeemed.

So as some of the items i ordered were on offer, are they saying that by the time they restock, they can take the offer away and charge me a higher price? Can they do this?? The order confirmation i received first stated the offer price, dont they have to honour this?

And what about with non discounted goods (i think one of the items i ordered was not 'discounted'), are they allowed to just up the price on this item between me ordering and them restocking and delivering?? Seems a bit unfair if they are, as they had said the items were in stock and sent me confirmation...

somethingcorporate

No, the price is only going to be binding on dispatch.

If there is a change in price I expect them to offer you the ability to cancel prior to them dispatching the items to you.

bris

somethingcorporate wrote: »

No, the price is only going to be binding on dispatch.

If there is a change in price I expect them to offer you the ability to cancel prior to them dispatching the items to you.

Once again it falls down to "offer and acceptance" if they have accepted the offer then the contract is formed on that basis and it's not the op's fault they can't do a proper stock check to make sure they have them before offering them for sale at this price. Loss of bargain would cover this, never going to happen because it's not worth the hassle, but the option is there.

have they actually accepted the offer though that's the question, to me it looks like they have. The dispatch is theit T&C's and as we all know they can not over rule contract law.

unholyangel

bris wrote: »

Once again it falls down to "offer and acceptance" if they have accepted the offer then the contract is formed on that basis and it's not the op's fault they can't do a proper stock check to make sure they have them before offering them for sale at this price. Loss of bargain would cover this, never going to happen because it's not worth the hassle, but the option is there.

have they actually accepted the offer though that's the question, to me it looks like they have. The dispatch is theit T&C's and as we all know they can not over rule contract law.

Their T&C's state:

2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
2.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.

So unless they've taken payment........acceptance has definitely not occurred.

Enfieldian

Why don't you wait a few more days and see what happens?

That is all CW are asking you to do at this stage by the sounds of things.

pmduk

It's possible the price may go down in that period.of course

somethingcorporate

bris wrote: »

Once again it falls down to "offer and acceptance" if they have accepted the offer then the contract is formed on that basis and it's not the op's fault they can't do a proper stock check to make sure they have them before offering them for sale at this price. Loss of bargain would cover this, never going to happen because it's not worth the hassle, but the option is there.

have they actually accepted the offer though that's the question, to me it looks like they have. The dispatch is theit T&C's and as we all know they can not over rule contract law.

An item "for sale" is not an offer, merely an invitation to treat.

The offer is made when the OP submits payment for the item - it is then up to the company to accept that offer (which is deemed to have happened when they send the item, as per their T&Cs).

By taking payment there is no binding contract.

unholyangel

somethingcorporate wrote: »

By taking payment there is no binding contract.

Read my post They stipulate in their T&C's that contract is "accepted" in 3 possible ways. Dispatch, service being commenced or payment - whichever is earliest.


However OP didnt state whether they actually took a payment or not and made no mention of getting a refund. So quite possible that CPW didnt take payment (ergo no contract).

somethingcorporate

unholyangel wrote: »

Read my post They stipulate in their T&C's that contract is "accepted" in 3 possible ways. Dispatch, service being commenced or payment - whichever is earliest.


However OP didnt state whether they actually took a payment or not and made no mention of getting a refund. So quite possible that CPW didnt take payment (ergo no contract).

I stand corrected (said the man in the orthopedic shoes).

Apologies!