Retailer Cancelled Order after i'd paid

leopard44

bit of a strange one but I ordered a shirt online from reiss at the beginning of september. I had it set to pick up from store. It was on a sale price. I got notification emails that it was ready but September turned into a busy month and I was only able to go pick it up last week.

Just before I was going, i got an email from them saying the order had been refunded. I contacted them and they said after 10 working days the item is refunded. They told me i should have got an email from the store stipulating this. I never received this and sent them all the emails they sent me.

However, they just emailed back to say that I would now have to re-order the product (which is now double the price I had paid before).

Is there anythign I can do or put in my next email to them or am I just being silly?

earthstorm

Nothing much you can do.

You ordered goods online to pick up in store and you were informed it was ready to collect, but failed to collect, so most likely item returned back to warehouse and the card refunded.

They don't hold items indefinite for customers to collect. Normally it will be held for 10 to 14 days from notification and after that it will be returned and the card refunded.
If you look at the email to say it was ready it will most likely tell you on the email how long it will be held for you.

bris

Offer and acceptance has taken place so legally they owe you the item at the price you paid.

Having a quick look through their T&C's they clearly state the contract is formed on acceptance by them which has happened and their doesn't seem to be any mention of canceling orders not collected after 10 days unless I missed it.

Quote them their own T&C's and point out that acceptance has occurred and the goods should have been kept for you as no timescale for collection has ever been pointed out.

JReacher1

bris wrote: »

Offer and acceptance has taken place so legally they owe you the item at the price you paid.

Having a quick look through their T&C's they clearly state the contract is formed on acceptance by them which has happened and their doesn't seem to be any mention of canceling orders not collected after 10 days unless I missed it.

Quote them their own T&C's and point out that acceptance has occurred and the goods should have been kept for you as no timescale for collection has ever been pointed out.

I don't think this is true

halibut2209

Could be a loss of bargain case. I can't find any reference to the 10 day limit mentioned either. The goods belonged to the OP, not Reiss.

Hintza

So how long is the shop liable for storing the goods? Just move on, leaving it for the best part of a month is taking the mick a little.

Buzby

The 'loss of bargain' was self-inflicted.

Prices change and have done so, it would be unreasonable to expect an exception to be made for tardy customers to have a second bite of the cherry.

earthstorm

bris wrote: »

Offer and acceptance has taken place so legally they owe you the item at the price you paid.

Having a quick look through their T&C's they clearly state the contract is formed on acceptance by them which has happened and their doesn't seem to be any mention of canceling orders not collected after 10 days unless I missed it.

Quote them their own T&C's and point out that acceptance has occurred and the goods should have been kept for you as no timescale for collection has ever been pointed out.

they may of accepted, but then gave the OP details to collect the goods from the store. The OP failed to collect the goods, so the store sent the uncollected goods back and the OP was refunded.

the confirmation email would have stated how long the goods would be held at the store for collection before the order would be returned and refunded.

this is how it is worded when your order from Asda to collect in store.

The below is from an email about goods ready to collect on 16th May on an item i ordered to collect at store

We'd also like to let you know your order will be available to collect Until Thu, May 30. If you don't collect your order by this date, we will return it to our warehouse.
If you're unable to collect your order by this date, please contact us on 0800 ******** and we'll extend your collection date by a further 7 days (please note, your collection date can only be extended once).

I dare say Reiss will have something similar in their confirmation email.

as to halibut2209 the goods don't belong to OP as they were returned for non collection and the OP was fully refunded.

halibut2209

There was a recent thread where it was discussed at length whether DSRs apply to an item to be collected in store when ordered online. The general consensus was that they did apply as the contract had been concluded.

If that's the case, then the same must apply here. The contract was concluded. The non-collection is a separate issue.

Of course I am assuming the OP is correct in that no emails stated the 10 day issue

bris

JReacher1 wrote: »

I don't think this is true

Why, can you please explain your version of "offer and acceptance"

Contract law is clear on this, it takes both parties to rescing the contract, one can't do so without penaly if the other chooses to follow up on it.

The same law as this would apply as the goods legally belonged to the op http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_products_e/consumer_lost_found_and_uncollected_goods_e/how_to_dispose_of_left_behind_goods.htm

As no time scale was mentioned and the OP clearly states no email was received then halibut2209 is correct "loss of bargain" would be appropriate, how you can self inflict a loss of bargain is anyones guess.

shaun_from_Africa

earthstorm wrote: »

the confirmation email would have stated how long the goods would be held at the store for collection before the order would be returned and refunded.

this is how it is worded when your order from Asda to collect in store.

The below is from an email about goods ready to collect on 16th May on an item i ordered to collect at store

I dare say Reiss will have something similar in their confirmation email.

One major difference being that Asda inform customers about what will happen in the event of non collection from the store before they make the purchase and before the contract has been concluded, thus allowing the customer to make their final buying decision based on what they already know. (This info is available on the Asda website).

If the information is only supplied in an e-mail after purchase, the retailer will then be attempting to introduce new conditions into the contract after both parties have agreed to the original T&C's.