Tissot PRC 200

nils_gate

Hi All

I have bought a watch from nigelohara.com and the money was paid using PayPal, on 2nd Aug and it's not yet delivered as on 14 Aug.

I contacted them, they said, the item is discontinued but it appeared due to a technical error and the engineering team is working to remove it. They offered me a 25 gbp discount voucher and refund of the order amount.

I declined their offer and I am insisting them to honor the order. Even if the item is not available I came to know about it only after I initiated the communication, rather than they approaching me.

Also, the irony is that, the item is still available to order from their website, check link www[.]nigelohara.com/tissot-t-sport-prc-200-mens-chronograph-watch-t17158652-t17158652-pid11666.html , I do not know what sort of technical team can't remove a discontinued item from site.

I only ordered from their site after giving a call to check authenticity etc, as the item was heavily discounted.

Please advise what are my legal rights, I would want to get the item and a free pair of cuff-links which they shown me while ordering :-)

Regards
Nils

agrinnall

When the contract is created

No contract exists between you and us until we notify you that we have accepted your order and delivered the goods.

http://www.nigelohara.com/Terms.aspx

See also https://forums.moneysavingexpert.com/discussion/3277262

Hintza

Guess the OP will now not get the £25 voucher since he declined their offer.

mije1983

nils_gate wrote: »

they said, the item is discontinued but it appeared due to a technical error and the engineering team is working to remove it. They offered me a 25 gbp discount voucher and refund of the order amount.

Seems fair enough to me.

nils_gate wrote: »

I declined their offer and I am insisting them to honor the order. Even if the item is not available I came to know about it only after I initiated the communication, rather than they approaching me.

Not wanting to sound rude, but how do you propose they do that if the item has been discontinued?

nils_gate wrote: »

Also, the irony is that, the item is still available to order from their website, check link www[.]nigelohara.com/tissot-t-sport-prc-200-mens-chronograph-watch-t17158652-t17158652-pid11666.html , I do not know what sort of technical team can't remove a discontinued item from site.

This is bad I agree, when did you find out it was unavailable?

nils_gate wrote: »

Please advise what are my legal rights, I would want to get the item and a free pair of cuff-links which they shown me while ordering :-)

Covered by poster above this. Most places would have just offered you a refund, so to get a £25 voucher on top is good going to be honest.

nils_gate

@mije1983: I only came to know about unavailability, in respose to my query regarding why the order has not yet be delivered, reply received on Aug 13. 11 days after my order was made. There were absolutely no attempt from nigelohara to notify this. I think the site is responsible for their own errors and hence they should honor the order arisen from that. Also, the item is still available to order even as this reply is being composed :-). I am not sure how a technical snag does not get fixed in 3 days.

@agrinnall: I would understand that when the user performs a checkout and the payment instrument undergoes an authentication, there is some sort of contract being made between the e-commerce site and the consumer. The fact that Nigelohara failed to notify on their own even after suggested delivery date. And the item is not yet taken down (as I write this) despite being unavailable for atleast 3+ days are examples of bad service.

OlliesDad

If the item is discontinued and they are out of stock, I fail to see how they can honour the contract.. if they don't have it, they can't give it to you.

As per the 1st response, legally they can back out of the offer as no contract has been formed.. it may be bad customer service, but it is their right.

wealdroam

nils_gate wrote: »

I would understand that when the user performs a checkout and the payment instrument undergoes an authentication, there is some sort of contract being made between the e-commerce site and the consumer.

This is not necessarily so.

As Agrinnall says, at the time of making your offer to purchase, you agreed with the seller that a contract would be formed later.
From their T&Cs that you agreed to:

When the contract is created
No contract exists between you and us until we notify you that we have accepted your order and delivered the goods.

Section 28 of the Sale of Goods Act allows parties to decide between themselves when a contract is formed:

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 words there are "Unless otherwise agreed".
You have agreed with the seller that the contract is formed at some other time.

mattyprice4004

What on earth do you want them to do, pull one out of their bottom?!

There's no helping some people, if they don't have the item they can't give it to you. Use some common sense.

bris

Your offer was never accepted so no acceptance has taken place, payment does not form acceptance, it's just automated by the systems. Acceptance only happens when someone processes the order and accepts it, in this case the person processing the order rejected it, hence no contract.

You are getting £25 voucher for nothing, of course it's only good if you decide to buy something else from there, but if not then the refund is all they need to do.

NWdriving

I have the silver dial version & it is a great watch - it is worth trying to get it somewhere else.

A new version of the 200 has been released but I think this older version looks nicer.

mije1983

nils_gate wrote: »

@mije1983:..... I think the site is responsible for their own errors and hence they should honor the order arisen from that.

But as I and others have said, if it has been discontinued and no longer available, how do you expect them to obtain one?