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Company cancelled my order? What to do?

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Yesterday I bought an iPhone on the cash converters website.

My order went through fine and I received an email confirming my purchase.

However this I receive an email from the manager of the store saying that my order has been cancelled as the item had previously sold and it was mistakenly relisted.

However, I felt like I got a good deal and would like a similar iPhone for the price I paid.

My question is this: does my confirmation email constitute a contract? If so, how can I go about speaking to cash converters to making sure this contract is enforced?

Comments

  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You'd have to look at the T&Cs to find out when they say the contract is formed but most places the contract is only formed when the item is dispatched.
  • I cannot see that information in the T&Cs

    Here are the T&Cs for buying on the site, the item I purchased was a fixed price listing.
    As a buyer, you have a legal obligation to complete a transaction with Cash Converters:

    a. if you purchase an item through one of our fixed price formats; or

    b. if you are the highest bidder at the end of an auction-style listing (meeting the applicable minimum bid or reserve requirements and including any bid that becomes the highest after a valid bid retraction) and your bid is accepted by the seller, unless the transaction is prohibited by law or by this User Agreement.

    By bidding on an item you agree to be bound by the conditions of sale included in the item’s description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the item’s description after a bid is placed, a clear typographical error is made. As buyer, you must ensure that you are legally able to bid for and buy any item that you bid for.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Move on, it was a genuine mistake.get over it.
  • CC themselves state that if you purchase through a fixed price format sale then you are legally obliged to complete the transaction, so as they want to impose this obligation on customers, surely it should be equally binding on them.

    Cashconverters are more than big enough to source another iphone from elsewhere is they wanted to.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Are those the full T&Cs though? (I presume you're basing your statement on what is posted in this thread).
  • JReacher1
    JReacher1 Posts: 4,661 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    They could theoretically send you a damaged Iphone, you then return it as its broken and they provide a refund.

    That would conclude the contract for everyone.

    Personally I would just let it go as its going to be a pain to get them to honour this deal!
  • earthstorm
    earthstorm Posts: 2,134 Forumite
    edited 10 October 2013 at 4:56PM
    bod1467 wrote: »
    Are those the full T&Cs though? (I presume you're basing your statement on what is posted in this thread).
    the full terms are here www.cashconverters.co.uk/terms-and-conditions/
  • You paid for a specific item. They don't have it any more. What are they supposed to do? Magic one out of thin air?
    Hi. I'm a Board Guide on the Gaming, Consumer Rights, Ebay and Praise/Vent boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with abuse). Any views are mine and not the official line of MoneySavingExpert.com
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