Company Cancels Order After Discount Error

59Robbery

I have just received the following from Zavvi:


'Unfortunately we have had to cancel this order. This is due to a discount code error on our website. We pride ourselves on having accurate information on our website, but on this occasion there has been an error which has subsequently been amended.'

'We understand this could be very frustrating for you and apologise for any inconvenience this might have caused.'


The order was for an xbox one bundle. The reduction was in the order of tens of pounds not hundreds. Should Zavvi honour their website price even though they claim to have made an error. Isn't this a breach of contract?

wiogs

59Robbery wrote: »

I have just received the following from Zavvi:


'Unfortunately we have had to cancel this order. This is due to a discount code error on our website. We pride ourselves on having accurate information on our website, but on this occasion there has been an error which has subsequently been amended.'

'We understand this could be very frustrating for you and apologise for any inconvenience this might have caused.'


The order was for an xbox one bundle. The reduction was in the order of tens of pounds not hundreds. Should Zavvi honour their website price even though they claim to have made an error. Isn't this a breach of contract?

No, and no.

59Robbery

wiogs...and why not?

wiogs

If you read their T&Cs you will see why.

59Robbery

Terms and Conditions say:


Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.

If the money is debited from my card I assume that is different!

wiogs

Since you are picking and choosing bits from the T&Cs read this

"In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown."

Not sure what you mean by this "If the money is debited from my card I assume that is different!" as if you read what you posted you will see that even if they debit money from your card no contract is necessarily formed.

wealdroam

59Robbery wrote: »

Terms and Conditions say:


Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.

If the money is debited from my card I assume that is different!

No, it is not different.
The last sentence that you have quoted is important:

The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.

Which means that even if they have debited your card, they are not committed to providing the goods until they dispatch them.

See those last four words: whichever is the later.

wealdroam

59Robbery wrote: »

Thanks. I guess I'm being dense here. tI says:


The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account

No need to answer.

Wow! That is a very selective quote... not even a complete sentence.

Read the complete sentence in my earlier post.

peachyprice

59Robbery wrote: »

Terms and Conditions say:


The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.[/I]

If the money is debited from my card I assume that is different!

How so? They haven't dispatched the goods, which would be 'the later'.

59Robbery

Got it. Not trying to be completely selective.


But it still smacks of poor practice when a company isn't able to cover mistakes that are costing them small sums of money.

lovinituk

peachyprice wrote: »

How so? They haven't dispatched the goods, which would be 'the later'.

It's not the best wording in the world but both points have to occur before the contract is formed. It's also covers the possibility of it being dispatched before payment is taken.