Order cancelled after payment and dispatch

hobbsy83

Hey everyone,

I've never needed to post anything on here as I can usually find the answer just by searching, but I'm not sure where I stand on this one.

I recently ordered a few bits from the well known cycling supplier site, the goods were advertised as 99% discount, so naturally I order a few, as did a mate from work.

Payment was taken, the goods were dispatched. The delivery date was Friday (20/12), but it didn't arrive. I've just spoken to the couriers and they were instructed to return the goods back to the warehouse, even though my mates order arrived. My order has now been cancelled and they have refunded my money.

Where do I stand legally on this? Even if the 99% was a pricing error, surely by accepting my order and dispatching the goods they have broken some kind of contract law?? Do you think it's worth nagging them or should I drop it?

Sorry about the long post,

Paul

frugal_mike

hobbsy83 wrote: »

Hey everyone,

I've never needed to post anything on here as I can usually find the answer just by searching, but I'm not sure where I stand on this one.

I recently ordered a few bits from the well known cycling supplier site, the goods were advertised as 99% discount, so naturally I order a few, as did a mate from work.

Payment was taken, the goods were dispatched. The delivery date was Friday (20/12), but it didn't arrive. I've just spoken to the couriers and they were instructed to return the goods back to the warehouse, even though my mates order arrived. My order has now been cancelled and they have refunded my money.

Where do I stand legally on this? Even if the 99% was a pricing error, surely by accepting my order and dispatching the goods they have broken some kind of contract law?? Do you think it's worth nagging them or should I drop it?

Sorry about the long post,

Paul

When did the terms and conditions you agreed to say the contract would be formed?

hobbsy83

Hi Mike,

Here it is -

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Wiggle retains the right to accept or reject this offer before processing the order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us, the prices have been verified, and the order has been processed and dispatched. A second email will be sent confirming these arrangements.

Sounds like I might have a case, what do you think?

bod1467

Did you receive the despatch email? (I presume yes, since you say they were despatched and you couldn't know this unless they told you). If yes then contract was formed and they have breached it.

However you may struggle to get them to send the items - you'd probably need to take them to court. (i.e. buy the goods elsewhere, or from them, then sue them for "loss of bargain" and/or breach of contract).

System

hobbsy83 wrote: »

Hi Mike,

Here it is -

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Wiggle retains the right to accept or reject this offer before processing the order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us, the prices have been verified, and the order has been processed and dispatched. A second email will be sent confirming these arrangements.

Sounds like I might have a case, what do you think?

The "prices have been verified" could be their get out.

I would question whether its really worth the hassle

hobbsy83

Hey Bod,

Yep i received the dispatch email along with a UKMail tracking number. The order was out for delivery on Friday, then 'held over' I only called the UKMail to see what the delay was. The guy I spoke to then informed me that someone from wiggle had contacted them and asked to have the order sent back to the warehouse.

frugal_mike

goater78 wrote: »

The "prices have been verified" could be their get out.

I would question whether its really worth the hassle

I agree it's probably not worth the hassle, but if they sent the second email they talk about then I think the contract was formed and is binding as they say that email will be their acceptance of the offer.

InsideInsurance

As long as you can say they've ticked all those boxes, the prices being verified could be an issue.

Have they actually said why the parcel was recalled?

frugal_mike

InsideInsurance wrote: »

As long as you can say they've ticked all those boxes, the prices being verified could be an issue.

Have they actually said why the parcel was recalled?

Personally I think it's questionable whether it would be seen as reasonable for them to check the prices after dispatch. Certainly if the items had reached OP then they couldn't have then demanded the goods back.

hobbsy83

frugal_mike wrote: »

I agree it's probably not worth the hassle, but if they sent the second email they talk about then I think the contract was formed and is binding as they say that email will be their acceptance of the offer.

To be honest I could do without the hassle myself, my 2 boys give me enough of that.

They did however send the second email, i've just had an email back from them -

Thank you for getting in touch.

I am afraid that these items were sold at the incorrect price due to a pricing error.

As the price was advertised incorrectly, this order has now been cancelled as per our Terms & Conditions.

The correct price is now on site should you wish to re-order.

hobbsy83

InsideInsurance wrote: »

As long as you can say they've ticked all those boxes, the prices being verified could be an issue.

Have they actually said why the parcel was recalled?

Just had an email confirming that there was a pricing error so they cancelled the order. I've just emailed them back, i'll keep you updated.

Thanks for the help so far.