Problem with Very.co.uk not sending an item

POPPYOSCAR

shaun_from_Africa wrote: »

Save this one as well:

http://webcache.googleusercontent.com/search?q=cache:oUusX8NKK90J:www.very.co.uk/samsung-galaxy-s7-edge-32gb-with-free-gear-vr-2-headset/1600064523.prd+&cd=3&hl=en&ct=clnk&gl=us

as it gives the validity dates for the purchase and doesn't state anything about having to claim directly from Samsung.

Looks like false advertising to me.

I would report to the ASA if they refuse to honour it,

George_Michael

spitshaw wrote: »

Is there anything I should do/Can I even do anything or do I just have to accept I was kinda screwed?

I would say that you do exactly as Very suggest in their own terms and conditions
http://www.very.co.uk/content/slots/privacy-terms.page#lnkTerms

Further Terms and Conditions
17. Under the Consumer Credit Act 1974 you have the right to sue the supplier, us or both if you have received unsatisfactory goods or services paid for under this agreement costing more than £100 and less than £30,000.

They are showing the headset in stock so they can't argue that this item is now unavailable and with the printouts of the screenshots that you have, I would hope that Very would send you the VR 2 long before legal action went too far.

runicfire

Hi - stumbled on your post today - I ordered the exact same deal yesterday at 10:30 am, as I thought it was a good offer. There was a discount on the phone and a further 10% off as I ordered through a buy now pay later account. Order wasn't confirmed until midday today, but the order confirmation email does say it includes the VR headset.

I also noticed the offer had vanished from the website today, as had the actual Galaxy S7 edge phone....concerned now I also wont receive what I ordered!

Hasn't been dispatched yet, so probably won't get anything until after New Year, but will let you know what I actually receive...

shaun_from_Africa

runicfire wrote: »

Hasn't been dispatched yet, so probably won't get anything until after New Year, but will let you know what I actually receive...

As it currently stands, this puts you in a worse position than spitshaw because as far as the law is concerned, Very have not yet accepted your order so a contract hasn't yet been formed.
It's fairly standards with online sellers that they state a contract is only formed once goods have been dispatched and up until this time, they can cancel an order.
From their T&C's

2.2 When you submit an order to us on our website you will receive a 'bounce back' confirmatory email of this order saying that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we despatch the goods to you. Title to the goods will pass to you on delivery.

spitshaw

Just an update. The only solution I could get was to have them order the headset over the phone and they are apparently going to refund me the headset back to my very credit account when it arrives.

Not particularly confident that will be easy to do either so I recorded the whole phone call!

Seen a few others online who all haven't received headsets either with this offer

mehmetbakir

I have the same problem, and it seems we are not alone there are some other clients too.
I think we should somehow seek our legal right, and it will be easier if we contact and act together, by hiring a lawyer maybe.

If you agree we can create a facebook page just attract the clients in same situation and sue very.co.uk ASAP....

dlyn

I have the same problem but I ordered two phones on Boxing day. The order was confirmed in an email from Very on 27/12/16 and states clearly "with FREE Gear VR2 headsets". In my many phone calls they have given responses similar to those to spitshaw. For my part I'm very reluctant to order again and seek refund - I doubt I'll ever go anywhere near Very again! I think it looks like CCA action will be needed.

shaun_from_Africa

dlyn wrote: »

I have the same problem but I ordered two phones on Boxing day. The order was confirmed in an email from Very on 27/12/16 and states clearly "with FREE Gear VR2 headsets".

As already mentioned, that e-mail you received doesn't confirm that Very have accepted your order and formed a contract with you. It is simply notification that the order has been received.
The contract formation only occurs once goods have been dispatched, a term that is perfectly legal and which is fairly common practice with online retailers.
http://www.very.co.uk/help/en/privacy-terms.page

2.2 When you submit an order to us on our website you will receive a 'bounce back' confirmatory email of this order saying that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we despatch the goods to you

dlyn

Sorry, I don't think I've been very clear. I have received the two phones but not the headsets and in the despatch email sent on 28/12/16 they have confirmed the items with free headsets.