Online Shopping - consumer rights

Dewpoint

Hi - I recently ordered an item on Amazon (UK) that was advertised at a very competitive price, so I completed the order and the money was deducted from my CC account.
I then received notification from Amazon that the item was being dispatched. Soon after I got an email from the supplier (Mopodo Ltd) which said:

---

"Order Status
Your order has been updated to the following status: Refund After

Additional information:
Unfortunately we had a technical problem over the last few days which has caused a couple of items to be placed on Amazon @ 99p which is the wrong price for these items.
Sadly we are unable to fulfill any of the orders that had been placed at the incorrect price and unfortunately they are all going to be refunded in the next 7 days.
We are extremely sorry for any inconvenience this may have caused you."

---

Are they legally entitled to break the contract just because they made a mistake with the advertised price?

thanks

wealdroam

Have a read of this post:

When is an on line contract formed?

You really need to look again at that email from Amazon.

Does it just confirm the order, or does is say the order has been despatched?

whatmichaelsays

Dewpoint wrote: »

Are they legally entitled to break the contract just because they made a mistake with the advertised price?

thanks

In a word, yes.

Usually, the contract is only formed when the item is dispatched. At any point prior to that, the retailer can back out.

Dewpoint

The email from Amazon says:
"Your Amazon.co.uk order of "(the ordered item).." has been dispatched.

earthstorm

Dewpoint wrote: »

The email from Amazon says:
"Your Amazon.co.uk order of "(the ordered item).." has been dispatched.

I would suggest then taking this up with Amazon

Dewpoint

Thanks - I will do.

crusti

Hi, I didnt want to start a new thread so ill go here if thats OK?

ordered 2 32gig microSDHC thro Picstop on play.com on as seperate orders on 01/07/13

waited nearly 2 week, nothing came, contacted Picsop who blamed the post office for being busy and asked for my patience.

contacted Picstop again about 2 weeks later, again I was advised to wait.

then Picstop contacted me to confirm my address details, it had my name correctly but the rest of the address was just lots of x's, I informed them i could not confirm as it just shows up as x's (thought it was some strange security thingy) but they confirmed the sent the orders to that x's address and asked me to wait until the post office return the items.
I contacted them a couple of time since and each time they repeat that they are waiting for the PO to return the items.
19/10/13 i emailed them asking for my money back, they replied the next day.

Thank you for your email.

=====================

I am sorry but I am afraid we are not able to refund the transaction until the parcel arrives back with us, at this point it has not arrived, when / if it does we will contact you.

I am sure you can understand and appreciate that the error with the address was not made by PicStop and we simply shipped the item to the address supplied by you. Our staff often spot address errors like this, but unfortunatley they did not in this case.


=====================

Best regards,
Follow Up - Customer Services


Not happy with that at all, contacted Play.com and explained the problem, the guy was empathetic and went away for a while to see how he could sort it.
When he returned his tone had changed, stating it was was my faults for supplying the wrong address, I challenged this by stating other items ordered via Play.com have had the correct address on and play.com will not allow an incorrect address to be entered, He said he could see the x's and correct address and said I would have chosen the wrong address for delivery, nothing play could do just keep trying Picstop.


Where do I stand?
I've paid but had nothing delivered,

Play.com are saying I have "chosen" the wrong address, but agrees other items have been sent to the correct address.

Picstop admit the staff did not notice the Error.



Where do I stand??

wealdroam

crusti wrote: »

Hi, I didnt want to start a new thread so ill go here if thats OK?

ordered 2 32gig microSDHC thro Picstop on play.com on as seperate orders on 01/07/13

waited nearly 2 week, nothing came, contacted Picsop who blamed the post office for being busy and asked for my patience.

contacted Picstop again about 2 weeks later, again I was advised to wait.

then Picstop contacted me to confirm my address details, it had my name correctly but the rest of the address was just lots of x's, I informed them i could not confirm as it just shows up as x's (thought it was some strange security thingy) but they confirmed the sent the orders to that x's address and asked me to wait until the post office return the items.
I contacted them a couple of time since and each time they repeat that they are waiting for the PO to return the items.
19/10/13 i emailed them asking for my money back, they replied the next day.

Thank you for your email.

=====================

I am sorry but I am afraid we are not able to refund the transaction until the parcel arrives back with us, at this point it has not arrived, when / if it does we will contact you.

I am sure you can understand and appreciate that the error with the address was not made by PicStop and we simply shipped the item to the address supplied by you. Our staff often spot address errors like this, but unfortunatley they did not in this case.


=====================

Best regards,
Follow Up - Customer Services


Not happy with that at all, contacted Play.com and explained the problem, the guy was empathetic and went away for a while to see how he could sort it.
When he returned his tone had changed, stating it was was my faults for supplying the wrong address, I challenged this by stating other items ordered via Play.com have had the correct address on and play.com will not allow an incorrect address to be entered, He said he could see the x's and correct address and said I would have chosen the wrong address for delivery, nothing play could do just keep trying Picstop.


Where do I stand?
I've paid but had nothing delivered,

Play.com are saying I have "chosen" the wrong address, but agrees other items have been sent to the correct address.

Picstop admit the staff did not notice the Error.



Where do I stand??

I do not understand why you didn't want to start a new thread.
Your issue has absolutely nothing to do with the original poster's problem... not remotely similar.

Anyway, under Distance Selling Regulations, you can cancel an order up to seven working days after delivery and receive a refund of all monies paid.

As the goods are yet to be delivered, you are clearly within that timescale so send them an email saying you wish to cancel and expect a full refund forthwith.
However, they are allowed up to 30 days to get that money to you.

crusti

Thank you so much.

Have Emailed Picstop stating i wish to cancel my order

thanks again, fingers crossed I get my money back.

crusti

After a few more emails picstop are not budging on this, they state as they have the wrong address given them they will not cancel the order unless the items are returned by the post office.

I looked at the Distance Selling PDF from the Office of Fair Trading and quoted this bit

The time limits for cancellation are as follows,
for goods:
• seven working days (not including weekends or bank
holidays) after the day on which they receive the goods
– provided you give the consumer the required written
information no later than the time the goods are delivered

they say that its my fault for giving them the wrong address so they have completed they part of the sale (even tho they get those details from play.com)
I reminded them they tried to confirm the address when I first questioned the lateness of delivery and supplied them with my correct address and they did say in an Email that their staff should spot the mistakes.

Should I keep trying or try the bank and see what protection I would have on a debit card?

visidigi

So to clarify, on your order confirmation email that you received through when the order was placed...doesn't have X's on right?

It sounds like you selected an incomplete address and you think you should be refunded as someone else didn't spot this?