Do pre orders have to be honored?

sandd

If i pre ordered two of an item and then weeks later that product gets limited to one per customer can they cancel one of my products or do they have to honor it as they were ordered before the restrictions came in? Is there any sort of regulations regarding this?

Thanks

frugal_mike

If there is a contract in place and they do not honour it then they have breached the contract and you may be able to claim against them depending on what losses you suffer. For example if they were the cheapest supplier and you have to spend more elsewhere then you may be able to claim the difference back from them due to loss of bargain.

However just because you put a pre-order in place it doesn't mean here is a contract. The contract is formed when the parties agree it is formed. For example with internet companies the contract is normally formed when they notify you that the goods have been dispatched. If there is no contract in place then they can cancel without breach, although they will of course have to refund any monies paid by you.

What did you order, and what do the terms and conditions say?

sandd

This is all I can see in the t&c's that would be relevant.

No contract for the sale of any product will subsist between you and ShopTo.net unless and until ShopTo.net accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time ShopTo.net sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by ShopTo.net of your offer to buy goods from ShopTo.net.

So I take it that if I have paid then they should honour it and if I havnt then I havnt a leg to stand on?

I do have an email conformation but I havnt paid yet.

Thanks

Hintza

sandd wrote: »

I do have an email conformation but I havnt paid yet.

So no contract exists yet.

earthstorm

sandd wrote: »

This is all I can see in the t&c's that would be relevant.

No contract for the sale of any product will subsist between you and ShopTo.net unless and until ShopTo.net accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time ShopTo.net sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by ShopTo.net of your offer to buy goods from ShopTo.net.

So I take it that if I have paid then they should honour it and if I havnt then I havnt a leg to stand on?

I do have an email conformation but I havnt paid yet.

Thanks

well i have highlighted the relevant part

ShopTo.net accepts your order by way of an e-mail confirming that it has received payment in full

if you have not paid then no contract has been complete.

wealdroam

sandd wrote: »

So I take it that if I have paid then they should honour it and if I havnt then I havnt a leg to stand on?

No, that isn't what it says.
Only once you have received "an e-mail confirming that it [ShopTo.net] has received payment in full for all the goods you have ordered".

sandd wrote: »

I do have an email conformation but I havnt paid yet.

But have you received "an e-mail confirming that it [ShopTo.net] has received payment in full for all the goods you have ordered"?
I suspect not.

frugal_mike

Of course since there is no contract you are free to cancel and take your business elsewhere. Although if your order is for one of the next gen consoles you are going to struggle to get one (let alone two) on release day elsewhere.