Q re rights when a deposit has been paid on C/Card

Nidge

Hi all, I'm hoping someone can help me with this:

The other day, I ordered an XBOX One bundle for my son from Game.

It said it included Fifa 14 and Forza, was £429.99 and I paid a £25 deposit (£20 for the console & the extra for release day delivery via courier for him).

Now Game are claiming "it does not include Fifa, i am sorry for the confusion"

So my query is: where do I stand legally, seeing as they have taken the £25 deposit from my credit card?

The email I received says the following:

Items Qty Unit Price Total
Xbox One Day One with FIFA 14 DL and Forza 5 - Deposit (Xbox One)
In stock
1 £20.00 £20.00
Xbox One Day One with Forza 5 - Preorder (Xbox One)
Pre-order
Available: TBD
1 £0.01 Free
Total cost of products: £20.01
Total discounts applied: -£0.01
Delivery charge: £4.95
VAT included: £4.16
Order Total: £24.95
BILLING ADDRESS PAYMENT METHOD

Card Type : Visa
Card Number ***************
Amount: £24.95

Separate Terms and Conditions apply for products ordered in-store or online or ask for a copy in-store.

Online Purchases:

Thank you for your purchase, any Reward Points earned will appear on your account shortly

Your preferred payment method will be charged prior to despatch of your order.

Please note: This email does not constitute confirmation of contract. Acceptance of your order and the formation of a contract between you and Us will take place when We send you an email confirming that the products you have ordered are being despatched to you, unless We have notified you that We do not accept your order or you have already cancelled it.

In-store Orders:

Thank you for your in-store purchase, any Reward Points earned will appear on your account shortly.

This email is confirmation of your order following your in-store payment.

Once your order leaves our warehouse, we will send a despatch note to your specified email address.

Thank you for shopping at GAME.co.uk!

The Customer Service Team
GAME.co.uk

Now, I appreciate it says the email doesn't constitute confirmation of a contract, but isn't that standard fare normally, when you've ordered without them taking money?

Thanks for any advice/suggestions.

Hintza

You might find this interesting, sounds like Game might have been stuffed by Microsoft. I still think you have a case (but thin)

http://whatculture.com/gaming/fifa-14-replaced-as-xbox-one-day-one-edition-pre-order-free-game.php

and this

http://www.theverge.com/2013/9/9/4686130/microsoft-xbox-one-fifa-14-pre-order-changed-to-forza-5

InsideInsurance

Nidge wrote: »

So my query is: where do I stand legally, seeing as they have taken the £25 deposit from my credit card?

You only have half the story here and most importantly of all, you are missing the bit that you say what you want as the outcome.

Did you buy online or in person

Nidge

InsideInsurance wrote: »

You only have half the story here and most importantly of all, you are missing the bit that you say what you want as the outcome.

All I want is what I bought/paid for-an XBOX One with Fifa and Forza.

InsideInsurance wrote: »

Did you buy online or in person

Online.

The email I posted was the one I received right after purchase and the deposit has left my C/Card.

agrinnall

I think you're going to struggle to get both. Even the email you've copied says Xbox One Day One with Forza 5 - Preorder (Xbox One) in the order detail - I suspect they could argue that the heading should be interpreted as one of FIFA14 and Forza 5, as per the first link that Hintza provided.

Nidge

agrinnall wrote: »

I think you're going to struggle to get both. Even the email you've copied says Xbox One Day One with Forza 5 - Preorder (Xbox One) in the order detail - I suspect they could argue that the heading should be interpreted as one of FIFA14 and Forza 5, as per the first link that Hintza provided.

The thing is-the original advert did actually say "Fifa & Forza" (I should have taken a screenshot) for £429.99.

InsideInsurance

Scan reading their terms on their website it seems to say that acceptance of the order is the point at which the contract is formed and acceptance is signified by the email which confirms the items have been dispatched and explicitly states the acknowledgement email does not constitute acceptance.

From what I've seen of their terms, given the contract isnt yet formed, they should give you the choice of continuing the order based on the revised product or offer you your deposit back. Given no contract has been formed yet there can be no "breach of contract" type action.

Of cause it may be worth hanging on as clearly there will be more discussions going on about this as Microsoft seems to have made mistakes in what they've said and may well give a GOGW after complaints hit a critical mass

peachyprice

I think you'll struggle too, it's clearly a mistake, it was never going to be both games. DSR's cover retailers making mistakes on their websites. I think they would be entitled to refund your money and cancel your order altogether if you insist on both games.

bris

InsideInsurance wrote: »

From what I've seen of their terms,

Their terms are irrelevant and cannot over rule the law of the land, as they have accepted the offer to purchase the said package then any problems they have with Microsoft is not the OP's problem.

They should honour it but as the loss is only a £20 game then forcing them to do so is a waste of time.

halibut2209

Again you are talking nonsense. The contract is not formed yet.

wealdroam

Nidge wrote: »

Please note: This email does not constitute confirmation of contract. Acceptance of your order and the formation of a contract between you and Us will take place when We send you an email confirming that the products you have ordered are being despatched to you, unless We have notified you that We do not accept your order or you have already cancelled it.

Now, I appreciate it says the email doesn't constitute confirmation of a contract, but isn't that standard fare normally, when you've ordered without them taking money?

No doubt when you placed the order you had to tick a box (or something similar) saying that you agree to the T&Cs.

In their T&Cs there is a very similar paragraph:

Acceptance of your order and the formation of a contract between you and Us will take place when We send you an email confirming that the products you have ordered are being despatched to you, unless We have notified you that We do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancelling an Order)

The law allows for the two parties in a sale to agree exactly when a contract is in place.

Specifically, Section 28 of SoGA says:

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 are "Unless otherwise agreed".

By agreeing to their T&Cs when placing the order, you have agreed with Game that a contract is not in place until they "send you an email confirming that the products you have ordered are being despatched to you".

So, simply put, there is currently no obligation for Game to supply you with what you think you have ordered.

Sorry.