Under Armour fiasco - rights?

prettywowers

Hello all,

There's a bit of debate regarding the recent Under Armour fiasco over on HUKD (apologies, can't post links as I'm a newbie). (Long story short, they had a"sale" that they're refusing to honour due to items being priced incorrectly due to a "mistake").
Someone has raised an interesting point that they believe a contract has been formed as money has been taken (not just "reserved"), and as such, UA could betaken to small claims for loss of bargain.

Any thoughts? Thanks.

KatrinaWaves

prettywowers wrote: »

Hello all,

There's a bit of debate regarding the recent Under Armour fiasco over on HUKD (apologies, can't post links as I'm a newbie). (Long story short, they had a"sale" that they're refusing to honour due to items being priced incorrectly due to a "mistake").
Someone has raised an interesting point that they believe a contract has been formed as money has been taken (not just "reserved"), and as such, UA could betaken to small claims for loss of bargain.

Any thoughts? Thanks.

All contracts can be cancelled if there is a clear mistake.

If this "sale" was selling everything at 0.01p because of a software glitch then no they dont need to sell you the items and no you cannot sue them.

A brief google shows the items being sold at around 15-20% of RRP, so a clear mistake. All items also seem to be sold for the same price, £8.80? Again, a clear mistake, unless they were celebrating some special 880th store opening or something.

prettywowers

Thanks for that. :beer:

Caz3121

prettywowers wrote: »

Someone has raised an interesting point that they believe a contract has been formed as money has been taken (not just "reserved"), and as such, UA could betaken to small claims for loss of bargain.

their t&cs state otherwise
from HDUK thread - Please note that this email is not an order confirmation or order acceptance from Under Armour.! Acceptance of your order and the completion of the contract between us will occur upon our dispatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it.

You will find some HDUK offers will flag pricing errors..the spike of people jumping on these often alerts the retailer to the error and they rectify (some people get greedy and try and buy loads for resale)

saintscouple

I think the argument of a contract being formed goes further than this, as it would appear that everyone who ordered had monies debited from their account - pre-authorised, and then claimed next working day.
On their website it states mones are not debited until goods are shipped.
Thus they've acted in part that a contract is formed in debiting the monies, but they haven't shipped the goods, which then breaks their own terms.
An error, perhaps, but over a week later and orders are still showing as being processed, and refunds not given.
There are some serious misgivings here, and an error in pricing it may have originally be, but that doesn't excuse taking money against their own terms and not refunding it.

steve900

My thoughts are this. You are not getting the goods. They made a mistake and they days of TV sets from M&S (or was it Argos Distributors?)for £50 instead of £500 are gone. You are asking about Under Armour, a clothing business so I doubt clothing that has been listed wrongly will amount to that much money that has come out your bank. If the business has taken money out your bank, then telephone your bank. You are not getting the merchandise. If they have taken the money as quickly, I have no doubt it will be put back as quickly. If you have concerns about this money being debited, you should never have purchased in first place. Also HUKD is a rival site to this one.

smk77

steve900 wrote: »

My thoughts are this. You are not getting the goods. They made a mistake and they days of TV sets from M&S (or was it Argos Distributors?)for £50 instead of £500 are gone. You are asking about Under Armour, a clothing business so I doubt clothing that has been listed wrongly will amount to that much money that has come out your bank. If the business has taken money out your bank, then telephone your bank. You are not getting the merchandise. If they have taken the money as quickly, I have no doubt it will be put back as quickly. If you have concerns about this money being debited, you should never have purchased in first place. Also HUKD is a rival site to this one.

HUKD is a rival to this site? Can you show me where the deals section is please?

I paid by PayPal 19th May. I haven't had a refund yet despite being emailed on 22nd May to say my order was cancelled and I woulf get a refund within 5 working days. Total order was £30. I can live without it but the T&Cs clearly state that payment will be taken on dispatch.

You say you have "no doubt it will be put back as quickly". A week is not as quick as immediate.

Why would anyone have any concerns about placing an order on this site? This is a multi-billion dollar company who have T&Cs state that the money is only taken out when items are dispatched. Might as well give up ordering anything online...

When mis-prices like this happen its worth having a punt. If unsuccessful then you wouldn't expect it to take over a week from when the order was cancelled to getting a refund (still hoping it doesn't turn into 2 weeks). In fact, you wouldn't expect the site to take money in the first place!

Some people did order crazy amounts. Probably to sell on ebay. I am sure you'll have your own opinions on that but ultimately they don't deserve to be without hundreds of pounds for over a week.

[Deleted User]

smk77 wrote: »

HUKD is a rival to this site? Can you show me where the deals section is please?

I paid by PayPal 19th May. I haven't had a refund yet despite being emailed on 22nd May to say my order was cancelled and I woulf get a refund within 5 working days. Total order was £30. I can live without it but the T&Cs clearly state that payment will be taken on dispatch.

You say you have "no doubt it will be put back as quickly". A week is not as quick as immediate.

Why would anyone have any concerns about placing an order on this site? This is a multi-billion dollar company who have T&Cs state that the money is only taken out when items are dispatched. Might as well give up ordering anything online...

When mis-prices like this happen its worth having a punt. If unsuccessful then you wouldn't expect it to take over a week from when the order was cancelled to getting a refund (still hoping it doesn't turn into 2 weeks). In fact, you wouldn't expect the site to take money in the first place!

Some people did order crazy amounts. Probably to sell on ebay. I am sure you'll have your own opinions on that but ultimately they don't deserve to be without hundreds of pounds for over a week.

The wording is 'usually takes up to 5 working days' (not actually checked Under Armours), 'usually' being the operative word. If you were notified on the 22nd then your 5 days were up just yesterday but given they may have to manually refund many customers then it may take a day or two extra.

but ultimately they don't deserve to be without hundreds of pounds for over a week.

What's 'deserve' got to do with it? They gambled and lost without actually being out of pocket (eventually anyway), they'll get their money back. If they couldn't afford to be without the money for a week or so they shouldn't have purchased them. If it had gone through they'd still be without the money until they managed to sell them on if that was the plan.

KatrinaWaves

Not counting weekends, you are only on the 4th working day today since the 22nd (23rd, 24th, 28th, 29th)

Yes the money 'immediately' leaves your account when you pay, but the money doesn't reach the sellers that quickly. All delays once the payment has been processed are down to the banking system, nothing else.

Is your order on Paypal showing as refunded?

smk77

Colin_Maybe wrote: »

The wording is 'usually takes up to 5 working days' (not actually checked Under Armours), 'usually' being the operative word. If you were notified on the 22nd then your 5 days were up just yesterday but given they may have to manually refund many customers then it may take a day or two extra.



What's 'deserve' got to do with it? They gambled and lost without actually being out of pocket (eventually anyway), they'll get their money back. If they couldn't afford to be without the money for a week or so they shouldn't have purchased them. If it had gone through they'd still be without the money until they managed to sell them on if that was the plan.

Here is the email that was sent on 22nd. Note it wasn't addressed to me. It had no reference to my order number either:

---

Hello,

Thank you for your interest in our products.

Unfortunately your order was not accepted and we are refunding your payment.

The refund will be done to your original payment method. Please allow up to 5 working days for the refund to appear in your account.

We apologise for the inconvenience caused.

Kind regards,
The Under Armour Team


----

smk77

KatrinaWaves wrote: »

Not counting weekends, you are only on the 4th working day today since the 22nd (23rd, 24th, 28th, 29th)

Yes the money 'immediately' leaves your account when you pay, but the money doesn't reach the sellers that quickly. All delays once the payment has been processed are down to the banking system, nothing else.

Is your order on Paypal showing as refunded?

WD1 - Thurs 23
WD2 - Fri 24
WD3 - Mon 27
WD4 - Tues 28
WD5 - Wed 29

Today is Working Day 5.



T&Cs "Because Under Armour does not charge for items until they ship, we may use a pre-authorization process to reserve your products for shipment. In order to avoid unnecessary overdraft charges, a method called a “pre-authorization” is often used by banks to verify that the credit/debit card in use is valid and has sufficient funds."

Under Armour have taken payment. My PayPal is showing when this was taken (19th May). The items have been cancelled. They haven't shipped. Their T&Cs specifically state when payment is taken.

There is no refund on my PayPal account.

As I said, I can wait.