Order cancelled by seller but item received

is_66

I recently ordered something from a cosmetics brand using a discount code I found, after the order was confirmed the next day I received an email to say the order was cancelled due to the code having been leaked. I still wanted my items that I paid for and I don't see how it is my fault that they allowed for this code to be leaked. I still received the items and now im not sure what to do. I have messaged them to tell them I received the items and no longer require a refund. Could someone tell me what my rights are here as the customer and consumer. 

peter_the_piper

You ordered, paid, they cancelled, you got the goods, you told the seller. What more needs to be done? As long as they don't refund you, job done.

born_again

Have they actually taken any funds from your account?
If not then they have 6 years to debit you. 

I'm sure they did not allow the code to be leaked, just someone posted a code they received.

is_66

born_again said:

Have they actually taken any funds from your account?
If not then they have 6 years to debit you. 

I'm sure they did not allow the code to be leaked, just someone posted a code they received.

yes when my order was confirmed they took the money from my account 

is_66

peter_the_piper said:

You ordered, paid, they cancelled, you got the goods, you told the seller. What more needs to be done? As long as they don't refund you, job done.

I have just checked my bank account and I have received a refund now, so I guess I am just waiting for their response, I think this is a big mess from their side as I think this has happened to several people I know, who have also received their orders even after the business supposedly cancelled the orders 

Sandtree

born_again said:

I'm sure they did not allow the code to be leaked, just someone posted a code they received.

They may not have allowed the code to be leaked but clearly their controls are insufficient to stop others from using them if they are intended only to be used by people on the mailing list or employees of certain partners etc.

Its surprising how weak some companies controls are on these things... a former employer used to give a 20% discount via a third party with a high end kitchen appliance company. If you google the name of the third party and the appliance company it will come up with a webpage asking for your email address hosted on the appliance company's website. Whatever email address you put in there it sends you the discount code. The discount code technically changes every month but the code is always an unchanging prefix followed by MMMYY as appropriate to the date. 

On the basis there is a third party in the middle the applicance company almost certainly doesnt even know which companies' employees the discount is being marketted to. I did use the discount when working with the company and no questions were asked to validate my employer was part of the scheme.

Ergates

So, legally you have to pay them as you owe the money.  However, from a practical point of view - this will require them to help you to do this.  If you make all reasonable attempts to let them know you own them money and they do nothing then that is their problem not yours - though as above, they have 6 years to claim this.

Years ago I bought something online, but the CC payment bounced (security check thing).  However, they still sent me the item.  I sent them several emails telling them what had happened but they never got back to me and I never paid them.  I felt bad for them, but ultimately what can you do?

Sandtree

Ergates said:

So, legally you have to pay them as you owe the money.  

The real question is how much do they have to pay them? 

The amount with the invalidly applied discount or the full retail price? Most mail order say the contract isnt formed until the goods are sent but here we have the strange situation of the OP being informed that the order (and so in principle offer) has been cancelled/withdrawn but then the goods sent. I agree that doesnt mean the OP can keep them and not pay but its unclear what they have to pay in the absence of a properly formed contract.

Jumblebumble

Ergates said:

So, legally you have to pay them as you owe the money.  

I really do not see how the OP owes them anything or needs to do anything as they have already paid
A contract was entered into.
The op paid and the goods were delivered .
Surely at that moment the goods became the property of the OP. 
The company cannot simply decide to unwind the contract and would I suspect be given short shrift in a small claims court.
The issue is that if this was behaviour was acceptable all commerce would come to a halt as no one would know where they stand

Sandtree

Jumblebumble said:

Ergates said:

So, legally you have to pay them as you owe the money.  

I really do not see how the OP owes them anything or needs to do anything as they have already paid
A contract was entered into.
The op paid and the goods were delivered .
Surely at that moment the goods became the property of the OP. 
The company cannot simply decide to unwind the contract and would I suspect be given short shrift in a small claims court.
The issue is that if this was behaviour was acceptable all commerce would come to a halt as no one would know where they stand

The OP speaks of a refund after the order was cancelled... though I am guessing they've not yet received it based on the text (but not 100% clear)

In all probability the contract hadnt been formed when the vendor withdrew the offer to tender, almost all mail order states the contract binds on dispatch of the goods. M&S terms are fairly standard:

ACCEPTANCE OF YOUR ORDER

Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we take payment from you and despatch the product(s) or on commencement of the services that you ordered from us. Prior to despatch of the product(s), M&S has the right to decline an order for any reason, including legal and regulatory reasons. 

The duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to return the products.

So people not knowing where they stand, as you put it, is the norm just the majority of times companies have stock of what they sell and havent made a mistake so the goods are dispatched and the contract then formed... most are ignorant to the fact they werent under contract before.

The oddity here is that the vendor has said they are withdrawing from the offer to purchase the goods and hence no contract but then sent them anyway. They may or may not have also processed a refund.  Assuming they have similar terms to M&S then they absolutely can decline a sale post payment.

is_66

Sandtree said:

Jumblebumble said:

Ergates said:

So, legally you have to pay them as you owe the money.  

I really do not see how the OP owes them anything or needs to do anything as they have already paid
A contract was entered into.
The op paid and the goods were delivered .
Surely at that moment the goods became the property of the OP. 
The company cannot simply decide to unwind the contract and would I suspect be given short shrift in a small claims court.
The issue is that if this was behaviour was acceptable all commerce would come to a halt as no one would know where they stand

The OP speaks of a refund after the order was cancelled... though I am guessing they've not yet received it based on the text (but not 100% clear)

They have now responded to my email, where I stated that I received the items, therefore no longer require a refund. I checked after and found that the refund went through and I got my money back. The business responded by stating that the order was in fact cancelled on their behalf but due to other issues it was still delivered to me and that they have now processed the refund.

I concluded from this that I am able to keep the products even though I have been refunded. They did not state otherwise in their reply.