novatech bait + switch tactics

chamelion

Hi folks,

I had placed an order with novatech in the middle of january for a back ordered item. Payment was made via paypal and the money was accepted, the order was placed as pending until the item was back in stock.

i've today noticed the product is back in stock and my item has gone into "on hold" status. I called them up to see what the issue was, they told me that the price had gone up and I'd have to pay the difference.

Given they already accepted my money (via paypal) is this not a breach of contract? What are my consumer rights?

Tried going to resolver, but novatech not listed as a company on the list.

Thanks!

DoaM

What do the T&Cs they provided to you say regarding when a contract is deemed to be formed? If it is after dispatch of goods then you have an order with them but not a contract, therefore they can void the contract, cancel your order and give you a full refund.

Annoying? Yes.
Legal? Yes.

Oakdene

DoaM wrote: »

What do the T&Cs they provided to you say regarding when a contract is deemed to be formed? If it is after dispatch of goods then you have an order with them but not a contract, therefore they can void the contract, cancel your order and give you a full refund.

Annoying? Yes.
Legal? Yes.

They say....

If an order is placed and an instant payment is made using Paypal, direct bank payment (BACS) or any other method, the contract for the goods will not be considered accepted until the goods are in stock and ready for shipping. If for reasons beyond our control we are unable to supply the goods to you, we may cancel the agreement at any time before shipment by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation to the agreement. This may be due, but not limited to, an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us. We shall not be liable for any other loss or damage whatever arising from such cancellation.

DoaM

So the OP's choices are ... pay the balance they're requesting or get a full refund. (They're not allowed to deduct anything at all from the refund).

PS: this isn't bait + switch. They're still offering the same item but they're now requesting more money for it now that's it is back in stock.