Cloggs shoes not honouring prices

curly68

I ordered several pairs of Fiflop Shoes from Amazon but sold by cloggs. They were extremely cheap, I assumed some sort of flash sale. My order was accepted and then a day or so later I had an email saying they had been dispatched. Two days after this I had an email from Cloggs saying 'due to a technical error over the festive period we have not been able to fulfil your order and we are now refunding your order'.
No mention of a price mistake which I assume is what it was.
Is this legal? Do we have any rights once the payment has been taken and the goods dispatched? (I'm assuming they recalled the items from their courier service)
They have issued a 25% discount code but i have tried it and at the moment it doesn't work!

Caz3121

https://forums.moneysavingexpert.com/discussion/3277262

frugal_mike

OP, you need to check the terms and conditions of the contract you agreed to to see when you agreed it concluded. The contract is only binding once it has concluded.

Most online sales conclude on dispatch of the order.

Anselm

In the Terms and Conditions, check under 'Acceptance' and it should tell you when it is binding, like Frugal_Mike said.

pokey128

i had the same problem with Cloggs for a pair of boots. Ordered on the 24th, email stating they were dispatched on 27th and money taken with a delivery est of 31/12-3/1. The next thing that happened was an email from amazon confirming a refund to be sent within 10 working days, nothing from Cloggs at all.
Surely the email confirming dispatch concluded the contract? (i cant find anything in t&c saying when contrct is completed but given the dispatch email confirmed that I could no longer amend my order suggests concluding?)

I wouldnt be that concerned but i think its really bad customer service to not apologise.

frugal_mike

pokey128 wrote: »

i had the same problem with Cloggs for a pair of boots. Ordered on the 24th, email stating they were dispatched on 27th and money taken with a delivery est of 31/12-3/1. The next thing that happened was an email from amazon confirming a refund to be sent within 10 working days, nothing from Cloggs at all.
Surely the email confirming dispatch concluded the contract? (i cant find anything in t&c saying when contrct is completed but given the dispatch email confirmed that I could no longer amend my order suggests concluding?)

I wouldnt be that concerned but i think its really bad customer service to not apologise.

Ultimately the only thing that can be done in this situation would be to take them to court, but you would only be able to claim your losses from them. I would imagine its not worth the hassle. They might give you a 'gesture of goodwill' if you complain, but that would probably be a gift voucher and would require buying from them again.

curly68

Thanks, will check terms and conditions. After reading loads of feedback this seems to have happened to lots of people. Have been sent a 25% off voucher but none of the items I ordered are now being sold through Amazon which is where the voucher is for. Very bad customer service.