Zavvi asking to charge me more for items already delivered?

Rockster77

Hi All,

Just need a bit of advice/confidence on this point.

I ordered a subscription to Zavvis' monthly Zbox line. I got the latest one at the start of the month.

This Sunday I got an email saying that they had charged me the wrong amount and now needed £11.99 from me, which they will do in 48 hours.

I replied that because the amount was charged, and delivery made - the contract was agreed and satisfied and they cannot request or take more money from me?

I even pointed out their T & C's state the same thing.

But they insist they can take the money.

This is their latest email;

I can advise that we have recently contacted to advise that we will be processing a further charge for your ZBOX.

I can advise that this is being done as a charge of £19.99 should have bee taken when your order was placed. The charge of £19.99 will have shown on the website at the checkout stage and on your order confirmation. Therefore a further charge will be taken for the amount owed.

I am truly sorry for any inconvenience this may have caused you.

Some advice would be gratefully received.

Thanks

Mark

wealdroam

Rockster77 wrote: »

Hi All,

Just need a bit of advice/confidence on this point.

I ordered a subscription to Zavvis' monthly Zbox line. I got the latest one at the start of the month.

This Sunday I got an email saying that they had charged me the wrong amount and now needed £11.99 from me, which they will do in 48 hours.

I replied that because the amount was charged, and delivery made - the contract was agreed and satisfied and they cannot request or take more money from me?

I even pointed out their T & C's state the same thing.

But they insist they can take the money.

This is their latest email;

I can advise that we have recently contacted to advise that we will be processing a further charge for your ZBOX.

I can advise that this is being done as a charge of £19.99 should have bee taken when your order was placed. The charge of £19.99 will have shown on the website at the checkout stage and on your order confirmation. Therefore a further charge will be taken for the amount owed.

I am truly sorry for any inconvenience this may have caused you.

Some advice would be gratefully received.

Thanks

Mark

If you agreed to a purchase price of £19.99 but they made a mistake and only took £8.00 then you still owe them £11.99.

Really not much more to say.

Rockster77

Hi,

I quite agree, if that was that simple - but the £19.99 was for the first order, and was paid, however there were 2 free gifts, and their accounts system apportioned parts of the £19.99 invoice to the gifts, listing the Box as £8.00.
In the subsequent order the next month which was only the Box, the charge repeated as £8.00, which was also paid, and the box delivered (I only discovered this recently - I had forgotten I had subscribed) and its that they are asking for more money for?

My question is that isn't the contract satisfied ? They had 2 months to notice their error but by taking the money, and delivering the goods that constitutes an acceptance of the terms and conditions of the sale?

To claim an error now, is too late?

Nessun_Dorma

In your OP you alluded to their terms and conditions. Can you post the extract you were referring to?

Rockster77

Nessun_Dorma ,

As requested.

I can't paste the full link but you can work it out from the below.

zavvi.com/articles/terms-conditions.list

9.
Orders
All orders are subject to acceptance and availability. If
the goods ordered are not available, you will be notified by e-mail (or by
other means if no e-mail address has been provided) and you will have the
option either to wait until the item is available from stock or to cancel your
order.
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.

Nessun_Dorma

Rockster77 wrote: »

Nessun_Dorma ,

As requested.

I can't paste the full link but you can work it out from the below.

zavvi.com/articles/terms-conditions.list

9.
Orders
All orders are subject to acceptance and availability. If
the goods ordered are not available, you will be notified by e-mail (or by
other means if no e-mail address has been provided) and you will have the
option either to wait until the item is available from stock or to cancel your
order.
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.

On the face of it, it certainly seems as though you are correct.

The terms also state:

All prices shown are inclusive of VAT (where applicable) and are correct at the time they are entered on to the system

daytona0

Rockster77 wrote: »

Hi,

I quite agree, if that was that simple - but the £19.99 was for the first order, and was paid, however there were 2 free gifts, and their accounts system apportioned parts of the £19.99 invoice to the gifts, listing the Box as £8.00.
In the subsequent order the next month which was only the Box, the charge repeated as £8.00, which was also paid, and the box delivered (I only discovered this recently - I had forgotten I had subscribed) and its that they are asking for more money for?

My question is that isn't the contract satisfied ? They had 2 months to notice their error but by taking the money, and delivering the goods that constitutes an acceptance of the terms and conditions of the sale?

To claim an error now, is too late?

I'm looking at this:

http://www.zavvi.com/zbox/zbox-subscription/11142494.html

and wondering whether:

1. This is the same product you purchased

2. How you can possibly argue that the subscription isn't £19.99 a month but rather £8.

wealdroam

Rockster77 wrote: »

Hi,

I quite agree, if that was that simple - but the £19.99 was for the first order, and was paid, however there were 2 free gifts, and their accounts system apportioned parts of the £19.99 invoice to the gifts, listing the Box as £8.00.
In the subsequent order the next month which was only the Box, the charge repeated as £8.00, which was also paid, and the box delivered (I only discovered this recently - I had forgotten I had subscribed) and its that they are asking for more money for?

My question is that isn't the contract satisfied ? They had 2 months to notice their error but by taking the money, and delivering the goods that constitutes an acceptance of the terms and conditions of the sale?

To claim an error now, is too late?

Having now seen what daytona0 has posted, I think it is quite clear that you subscribed, and agreed to pay, £19.99 a month for a Zbox each month.

How their 'accounts system' apportioned that money is not really important, although it does go some way towards explaining how the mistake was made.

It seems to me that they had mistakenly undercharged you, as they say in their email, and therefore the comments in my original post still apply:

wealdroam wrote: »

If you agreed to a purchase price of £19.99 but they made a mistake and only took £8.00 then you still owe them £11.99.

It really is that simple.
Sorry.

Rockster77

Thanks for your replies - no need for apologies. I appreciate the views.

Re: Daytona0s questions.
1.Yes it is
2. I am not arguing that point. I am proposing that by delivering the box, and taking the payment (even if its too low)- they have accepted the Contract AND completed it. The onus is on them to do the checks. The fact it wasn't spotted for 2 subsequent months suggests a weakness in their reconcilaitons.
So I think have no recourse to come back to me now and claim more money - the opportunity for that is over, espescially since they did this 2 months in succession (and are only pursuing me for 1 month - which you can look at 2 ways - 1. You got away with it just once be happy with that. 2. Why are they not pursuing you for both - either both are invalid or neither are.)

In the same ilk when historically prices have been incorrectly made on orders online eg Screwfix - they refused those sales where dispatch had not been made - but had to accept those that had already been delivered.

Edit - Actually Screwfix chose to accept those that had been delivered - Zavvi have chosen otherwise, and have taken the money. I guess I just shrug, walk away and never do business with them again.

wealdroam

Rockster77 wrote: »

In the same ilk when historically prices have been incorrectly made on orders online eg Screwfix - they refused those sales where dispatch had not been made - but had to accept those that had already been delivered.

In that example the buyer and seller agreed a price which was erroneously low, and by despatching the goods the contract was binding.

But the big difference in your case is that you agreed to pay a price and the seller mistakenly took less than the agreed price.

unholyangel

Rockster77 wrote: »

Thanks for your replies - no need for apologies. I appreciate the views.

Re: Daytona0s questions.
1.Yes it is
2. I am not arguing that point. I am proposing that by delivering the box, and taking the payment (even if its too low)- they have accepted the Contract AND completed it. The onus is on them to do the checks. The fact it wasn't spotted for 2 subsequent months suggests a weakness in their reconcilaitons.
So I think have no recourse to come back to me now and claim more money - the opportunity for that is over, espescially since they did this 2 months in succession (and are only pursuing me for 1 month - which you can look at 2 ways - 1. You got away with it just once be happy with that. 2. Why are they not pursuing you for both - either both are invalid or neither are.)

In the same ilk when historically prices have been incorrectly made on orders online eg Screwfix - they refused those sales where dispatch had not been made - but had to accept those that had already been delivered.

Edit - Actually Screwfix chose to accept those that had been delivered - Zavvi have chosen otherwise, and have taken the money. I guess I just shrug, walk away and never do business with them again.

Re the reconciling, they wouldn't have noticed the first month because the first months payment was £19.99. So really - only took them a month and thats actually pretty good for a company of their size.

As above, you agreed to a subscription every month of £19.99, the fact they made a mistake in taking the payment is irrelevant as a payment is not a necessary element of a legally binding contract ((just as long as both sides have agreed consideration, the consideration doesn't actually need to be transferred before a contract exists). A legally binding contract exists once an offer has been made and acceptance of that offer takes place.

You say you think due to the length of time, its tough luck on their part. The law actually gives 6 years to recover debts in england (5 years from discovery in scotland) - quite a bit longer than the 1-2 months it actually took them