Cancelled Order - Where do I stand?

Stumpy

I've finally managed to get my hubby hooked on 24. Bought the first series when it was on special offer at DVDsoon for about £12, got the second one for about £18, and just ordered (on the 12 May) the third season from CDwow, using a £1 off voucher, to bring the price down to £19.

I got confirmation from both themselves, and the company taking the money from my credit card, on the 12th, however, received an e-mail from them today saying that they had run out, would not be getting any more in in the foreseeable future and were therefore cancelling my order and refunding my credit card.

It took me ages to find it at that price - normally retails for £35 upwards.

I've sent them a reply stating that, as they couldn't find any more Region 2, I would accept a Region 1 in its place, for the same price. Haven't received a reply from this one yet.

Where do I stand? Are they obliged to provide it at that price now? If so, should I pursue it, or give it up as a bad job?

Debt_Free_Chick

Stumpy wrote:

Where do I stand? Are they obliged to provide it at that price now? If so, should I pursue it, or give it up as a bad job?

I don't think so. When you order something, you are actually making the supplier an offer i.e. you are offering to buy the goods at the price advertised. They can turn your offer down, if they wish.

You only have a legally binding contract once they agree to supply the goods at the price stated. Even then, check the T&Cs, as they should state when the contract is deemed to be binding.

HTH

Stumpy

Debt_Free_Chick wrote:

I don't think so. When you order something, you are actually making the supplier an offer i.e. you are offering to buy the goods at the price advertised. They can turn your offer down, if they wish.

You only have a legally binding contract once they agree to supply the goods at the price stated. Even then, check the T&Cs, as they should state when the contract is deemed to be binding.

HTH

As I mentioned, they did agree to supply the goods at the price stated - they even took the money from my credit card (I checked). Therefore they MUST have accepted my offer to buy at that price.

I sent an e-mail complaining, politely, and got an equally polite one back saying that they didn't have any, couldn't supply the Region 1 item as they would lose money on the deal and that they were working to tight budget, so tough! (although it wasn't phrased quite like that!).

So I've sent another one worded a little more strongly. :mad:

Debt_Free_Chick

From the practical point of view, if they don't have what you want, you can't force them to supply it. And you can't force them to supply something different at the same price.

They've cancelled the order and, in law, returned you to the position you were previously in i.e. no goods, but money returned.

By all means try it on, but just be aware that, legally, they owe you nothing. Sorry

grumbler

Debt_Free_Chick wrote:

... legally, they owe you nothing. Sorry

I am not expert, but I think this is not correct. There were a lot of cases published by Which? showing that buyer in the same situation can buy the same goods from other suplier and then claim difference in price from the first seller or credit card company.

Below is an example of my own experience inspired by Which?:

E-mail from internet retailer:

Hello Mr Grumbler (name changed)
Many thanks for your order. I have been trying to contact you over the weekend re the order.
I have discovered from my distributors that the above requested oven is on a 'Whilst Stock Lasts' basis. So I imagine that Whirlpool are discontinuing this model.
I have also discovered that the wrong price has been entered for the stainless steel version on my website. The correct price should be £419.99. I appreciate that this is £48.50 more than you have paid already - but if you wish to go ahead I will reduce the price for you to £409.99. Leaving a balance of £38.50.
If you would like to go ahead, please contact the office on 01637 859*** so that we can take your card details for this balance.
Should you not wish to proceed - I will of course issue a full refund.
Many thanks
Richard B****

My reply:

Dear Mr B****,

Thank you for your e-mail cited below regarding my order 3384631 placed on Feb 12.
I am very sorry, that your company have difficulties in supplying the oven at the price it declares on the web site (it is not corrected still!). However, I cannot accept your supposition that the model has been discontinued as it is widely available from other retailers and is presented on the http://www.whirlpool.co.uk web site. I also cannot accept your demand to pay extra £38.55 in addition to the amount I have already paid.

By the law, after accepting my order (I have confirmation e-mail) you are obliged to supply the goods at the price displayed. You have two choices:

- To supply the oven at the price paid (£371.49);
- If you cannot do this, I will buy the oven from other retailer and will claim the difference between the new price and £371.49 from you (or, if you refuse, from my credit company, that will finally claim this amount from you).
I think, that the first choice is less painful for you, as the price from other retailer can be as much as £525 (http://www.keek.co.uk) or even higher.

Looking forward for hearing from you ASAP. Otherwise I will proceed with the choice number 2.

Yours sincerely,

**** Grumbler.

And I got my oven for £371.49!

Stumpy

I have to say, I agree with Grumbler (well, I would, wouldn't I!!). But regardless of my current position, I'm fairly sure I've seen something on these boards before - specifically with regard to the Console thing that Woolworths and a few others kicked off by advertising at the wrong price, and accepting orders at that price. Through all the arguments about it, I seem to remember seeing someone mention various things such as "loss of bargain" and "breach of contract" - both of which apply once the retailer has accepted your offer to purchase. I just couldn't remember the exact situations it refers to or which law it is part of. I've had a quick browse of the internet, but without knowing exactly what to search for, its a little difficult.

Anyway, the second e-mail I sent referred to these - fingers crossed.

MarkyMarkD

I have done exactly the same as grumbler, except that instead of getting the goods supplied at the originally agreed price, I got paid the difference between what I agreed to buy it at, and the price I would have had to pay to buy it elsewhere.

I had to take the retailer to small claims court, but won the full amount I asked for.

And I didn't buy that TV in the end anyway! (Not that that impacts on the validity of my "loss of bargain" case).

In this case the OP definitely had a binding legal contract for supply of the goods, and the supplier is bound to supply.

But given that they are a Hong Kong registered company, I shouldn't bother taking them to court IMHO. It's very easy to do so with a UK based company, but rather close to impossible for one based abroad.

(PS Grumbler - I do think you were trying it on to state "I could buy it for as much as £525 or even more". At least I found my alternative price using Pricerunner and claimed for the smallest amount possible! I think you would get flak in court if the supplier could demonstrate the item was readily available for £100 less than you claimed, and you could get the entire claim dismissed.)

Stumpy

So it looks like I might have a case then - but do I have any other course of action open to me if they just turn round and say "tough"?

And ... I keep meaning to ask - what does "OP" stand for?!

grumbler

Stumpy wrote:

...what does "OP" stand for?!

I believe OP='Original Poster'.

grumbler

MarkyMarkD wrote:

(PS Grumbler - I do think you were trying it on to state "I could buy it for as much as £525 or even more". At least I found my alternative price using Pricerunner and claimed for the smallest amount possible! I think you would get flak in court if the supplier could demonstrate the item was readily available for £100 less than you claimed, and you could get the entire claim dismissed.)

You are right. Actually I did not have any intentions to take him to a court at that stage. I just wanted to scare him. However, I do not think this could result in entire claim being dissmissed. Buyer has no obligations to find the lowest price. If seller finds lower price this will result just in smaller amount of difference payed to buyer as compensation.

Here are a couple of citations from Which? magazine:

POINT OF LAW
If a seller makes a mistake over the price of an item, but contracts to sell at that price, it has to honour the contract price. The exception is if the seller can show that the buyer knew, or should have known, a mistake had been made.

POINT OF LAW
If you sign a contract with a supplier to supply goods, and it turns out that the supplier is unable to supply them, you are entitled to recover in damages the additional cost of obtaining those goods elsewhere, provided they are the nearest available equivalent in quality and price.

Stumpy

Success!! :j

Sent another e-mail to them, copying it to their director - found the e-mail address lurking on the website. Anyway, she denied that they were in the wrong but sent me an e-voucher for £17 as a "good will gesture" so that I could buy the Region 1 version for the same price (virtually - as I'd used a £1 off voucher before, and you can only use one voucher at a time, it seems).

So that's ordered - fingers crossed it arrives with no problems!

Thanks for your advice - it helped immensely

:beer: