Article bought online during Black Friday not delivered, price now double

donnac2558

Skagen were bought over by Fossil some years back.

I have a few Skagen watches and one I cracked the face and sent it back to get a new face.  The address I sent it to was in England, but when the watch came back to me less than a week later, it was shipped from Denmark.

Not sure if this is helpful?

bris

user1977 said:

bobstheboy said:

DB1904 said:

bobstheboy said:

I bought two items from Skagen online during the Black Friday sale.  Items paid for nearly 4 weeks ago and not delivered. Keep ringing and getting fobbed off. Tracking no. provided for Ups which just says label created. The items cost £40 in sale now £100. I suspect Skagen would like me to cancel the order but I believe I am entitled to them at the original price. I know they are still available, just done a dummy run and the items are in my basket. Can they cancel the order and refund without my approval ?

Yes, you are entitled to be put back to the position you were before entering into the contract. So a refund.

That doesn't sound right when I don't want a refund, I want my purchased items at the original price.

Them's your rights, whether they "sound right" to you or not.

But it's not and it.s not right, They have breached the contract and could be sued for loss of bargain, Well that was until we have no idea whos laws the sale came under.

The contract was properly formed, it's gone all the way to even including a tracking number so there is no doubt the contract is valid.

So for all who say there is nothing you can do when this happens, it's you who are wrong.

neilmcl

bris said:

user1977 said:

bobstheboy said:

DB1904 said:

bobstheboy said:

I bought two items from Skagen online during the Black Friday sale.  Items paid for nearly 4 weeks ago and not delivered. Keep ringing and getting fobbed off. Tracking no. provided for Ups which just says label created. The items cost £40 in sale now £100. I suspect Skagen would like me to cancel the order but I believe I am entitled to them at the original price. I know they are still available, just done a dummy run and the items are in my basket. Can they cancel the order and refund without my approval ?

Yes, you are entitled to be put back to the position you were before entering into the contract. So a refund.

That doesn't sound right when I don't want a refund, I want my purchased items at the original price.

Them's your rights, whether they "sound right" to you or not.

But it's not and it.s not right, They have breached the contract and could be sued for loss of bargain, Well that was until we have no idea whos laws the sale came under.

The contract was properly formed, it's gone all the way to even including a tracking number so there is no doubt the contract is valid.

So for all who say there is nothing you can do when this happens, it's you who are wrong.

Nothing has been breached and this would be a far from being classed as loss of bargain.

HeinzVarieties

bris said:

user1977 said:

bobstheboy said:

DB1904 said:

bobstheboy said:

I bought two items from Skagen online during the Black Friday sale.  Items paid for nearly 4 weeks ago and not delivered. Keep ringing and getting fobbed off. Tracking no. provided for Ups which just says label created. The items cost £40 in sale now £100. I suspect Skagen would like me to cancel the order but I believe I am entitled to them at the original price. I know they are still available, just done a dummy run and the items are in my basket. Can they cancel the order and refund without my approval ?

Yes, you are entitled to be put back to the position you were before entering into the contract. So a refund.

That doesn't sound right when I don't want a refund, I want my purchased items at the original price.

Them's your rights, whether they "sound right" to you or not.

But it's not and it.s not right, They have breached the contract and could be sued for loss of bargain, Well that was until we have no idea whos laws the sale came under.

The contract was properly formed, it's gone all the way to even including a tracking number so there is no doubt the contract is valid.

So for all who say there is nothing you can do when this happens, it's you who are wrong.

I'd say there is.

Their own T&C's say the contract is not formed until the item is despatched.  It having a tracking number does not mean it has been despatched and certainly if that tracking number shows the package has not been picked up then I'd say it's fairly hard to argue it has been.

the_lunatic_is_in_my_head

HeinzVarieties said:

bris said:

user1977 said:

bobstheboy said:

DB1904 said:

bobstheboy said:

I bought two items from Skagen online during the Black Friday sale.  Items paid for nearly 4 weeks ago and not delivered. Keep ringing and getting fobbed off. Tracking no. provided for Ups which just says label created. The items cost £40 in sale now £100. I suspect Skagen would like me to cancel the order but I believe I am entitled to them at the original price. I know they are still available, just done a dummy run and the items are in my basket. Can they cancel the order and refund without my approval ?

Yes, you are entitled to be put back to the position you were before entering into the contract. So a refund.

That doesn't sound right when I don't want a refund, I want my purchased items at the original price.

Them's your rights, whether they "sound right" to you or not.

But it's not and it.s not right, They have breached the contract and could be sued for loss of bargain, Well that was until we have no idea whos laws the sale came under.

The contract was properly formed, it's gone all the way to even including a tracking number so there is no doubt the contract is valid.

So for all who say there is nothing you can do when this happens, it's you who are wrong.

I'd say there is.

Their own T&C's say the contract is not formed until the item is despatched.  It having a tracking number does not mean it has been despatched and certainly if that tracking number shows the package has not been picked up then I'd say it's fairly hard to argue it has been.

The terms note the contract is formed when they send an email to say it’s been dispatched rather than the item physically being dispatched.

OP’s reply was maybe a little unclear but implies they got a dispatch email. 

bobstheboy

Generated some differences of opinion ! Still no further forward, investing the matter, but because of Covid, it could be some time, whatever that means.  Their words on the second email, the first just acknowledged my online order, the second said,, Good news your order has now been processed, dispatch details naming UPS as the delivery company, tracking number, payment details and closed,   Thank you for you order.

The company is Fossil, with registered office named in UK.

Peter999_2

I'm no fan of Skagen.    I got my wife a smart watch from them which was great until it went faulty - it then took 2 months to get it fixed and another month to get the return postage cost from them.    Their customer services just fobbed us off all the time, similar to the OP.    I've got so many emails from them where they have blatantly lied to us.   Needless to say I'd never buy a Skagen or Fossil watch ever again (I've had 3 myself before this debacle).

bobstheboy

Well my final comment. I had a confirmation email that my items have been dispatched with delivery expected on 24th Dec. Just had email from PayPal that my money had been refunded. Skegan site now says delivery expected on 27th, you can't make it up. I give up.

TELLIT01

bobstheboy said:

Well my final comment. I had a confirmation email that my items have been dispatched with delivery expected on 24th Dec. Just had email from PayPal that my money had been refunded. Skegan site now says delivery expected on 27th, you can't make it up. I give up.

Unfortunately that seems to be a pretty typical customer service story these days.  I had an e-mail from British Gas cancelling my boiler service and giving a partial refund on the maintenance contract.  A few days later another e-mail saying service was due but I hadn't booked a date.  I booked and a couple of weeks later had another email saying I shouldn't have received the e-mail to book, and the booking was cancelled again.

bris

There is a case law on here from a while ago more or less the same. It was a dishwasher from B&Q, a guy bought a dishwasher on sale or clearance. They sold a lot of them but when the guy went to collect his they said they had none left.

The guy then went out, bought the same model for the best price he could get then billed B&Q for the difference of what he paid and what B&Q were selling it for.Can't remember the exact details but about £150-£200 springs to mind.

They refused so he started a Loss of bargain claim which they defended. Upshot was they lost, basically they had a legal contract as it wasn't a mistake, they oversold without having the stock to sell. Bottom line is don't try and sell what you don't have. They had every intenion of honouring the contract but stock levels meant they couldn't, the contract was valid.

It's very similar here, a Black Friday deal, sell as many as you can but when the supplier says sorry none left then there is a problem. For most people it's tough luck, but for thos thast know the law (B&Q guy) his reaction was you oversold without knowing how many you could get, you breached or contract, 

Remember a companies T&C's are not above the law, no pricing error here to justify canceling the order, just bad luck or incompetence they sold more than they had or could get.