John Lewis refusing to hand over the item I bought.

wandee

Hi guys, first post on here so please be gentle. 

I'm absolutely furious today, since I bought an item...a Samsung Galaxy Watch...from John Lewis on Wednesday that they are now refusing to hand over to me. Do they have the right to do this?

I bought and paid for the item on Wednesday. Then yesterday they sent me an email telling me that the item was now ready for collection at my local store. However when I got to the store the warehouse refused to give me the item, saying there was an "issue" with it, and told me to call customer service.

When I called CS they said that the item needed to be "recalled due to a pricing error". When I bought the watch it had been reduced to £389 from £599 (and the offer had been widely advertised across the internet via other tech websites).

Of course I immediately lodged a complaint via the JL website. They replied this morning with the usual "sorry, we will do better next time" nonsense, and offered me a £20 gift voucher for the inconvenience. However this item was paid for partially with a JL £100 gift voucher, and they haven't said how I get that back. Surely that has to be repaid to me too?

More importantly though, how can a retailer engage in a contract, tell someone to collect and item, then change their mind at the last minute simply because they don't like the price that they sold it for?

I won't be buying a thing from John Lewis after this. Whatever has happened to their much-fabled customer care?

DE_612183

I think most retailers have a "get out" clause which states that they reserve the right to change the price if an error has been made.

Olinda99

You should look at the terms and conditions of John Lewis online sales. 

it may say (and most do tbh) that no prices are valid and no contract is formed until shipment -  in which case you have no claim

if they don't say this or if they say something else then you may have a claim in that a  contract was formed because there was an offer and an acceptance

Ayr_Rage

If an obvious error is made they can cancel the contract.

You will get refunded.

Personally I would ask for it all in cash due to their mistake but they are entitled to refund you in the same way you paid.

the_lunatic_is_in_my_head

Ayr_Rage said:

If an obvious error is made they can cancel the contract.

But it isn't? OP says £389 from £599.

JL terms say

For items being delivered to you (as opposed to Click & collect), when your product is shipped from our warehouse we will send you a despatch confirmation email.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order.

Can't seem to see that it says anything further regarding click and collect that relates to acceptance? (which is the key point here).

wandee

Olinda99 said:

You should look at the terms and conditions of John Lewis online sales. 

it may say (and most do tbh) that no prices are valid and no contract is formed until shipment -  in which case you have no claim

if they don't say this or if they say something else then you may have a claim in that a  contract was formed because there was an offer and an acceptance

That's the thing though...it was shipped - to the store where I went to collect it. Only when I got there they refused to give it to me.

DE_612183

wandee said:

Olinda99 said:

You should look at the terms and conditions of John Lewis online sales. 

it may say (and most do tbh) that no prices are valid and no contract is formed until shipment -  in which case you have no claim

if they don't say this or if they say something else then you may have a claim in that a  contract was formed because there was an offer and an acceptance

That's the thing though...it was shipped - to the store where I went to collect it. Only when I got there they refused to give it to me.

In this context I think shipped is when it's sent from their premises to you ( as in mail order ), if it's a pick up then it means when it's handed over - which they didn't do

Undervalued

the_lunatic_is_in_my_head said:

Ayr_Rage said:

If an obvious error is made they can cancel the contract.

But it isn't? OP says £389 from £599.

JL terms say

For items being delivered to you (as opposed to Click & collect), when your product is shipped from our warehouse we will send you a despatch confirmation email.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order.

Can't seem to see that it says anything further regarding click and collect that relates to acceptance? (which is the key point here).

Surely with click and collect the point of dispatch is when it leaves the collection point (normally with the customer collecting in person)? Until then JL are responsible for its safe keeping so they clearly haven't dispatched it at the time of the "click".

the_lunatic_is_in_my_head

Undervalued said:

the_lunatic_is_in_my_head said:

Ayr_Rage said:

If an obvious error is made they can cancel the contract.

But it isn't? OP says £389 from £599.

JL terms say

For items being delivered to you (as opposed to Click & collect), when your product is shipped from our warehouse we will send you a despatch confirmation email.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order.

Can't seem to see that it says anything further regarding click and collect that relates to acceptance? (which is the key point here).

Surely with click and collect the point of dispatch is when it leaves the collection point (normally with the customer collecting in person)? Until then JL are responsible for its safe keeping so they clearly haven't dispatched it at the time of the "click".

Maybe I don't know, would be great if their terms clarified that clearly really (which they may do if I'm missing it).

Worth noting when you have it delivered to your home they are responsible for keeping it safe until it is handed to you, C&C or home delivery is the same in that respect  

sheramber

the_lunatic_is_in_my_head said:

Undervalued said:

the_lunatic_is_in_my_head said:

Ayr_Rage said:

If an obvious error is made they can cancel the contract.

But it isn't? OP says £389 from £599.

JL terms say

For items being delivered to you (as opposed to Click & collect), when your product is shipped from our warehouse we will send you a despatch confirmation email.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order.

Can't seem to see that it says anything further regarding click and collect that relates to acceptance? (which is the key point here).

Surely with click and collect the point of dispatch is when it leaves the collection point (normally with the customer collecting in person)? Until then JL are responsible for its safe keeping so they clearly haven't dispatched it at the time of the "click".

Maybe I don't know, would be great if their terms clarified that clearly really (which they may do if I'm missing it).

Worth noting when you have it delivered to your home they are responsible for keeping it safe until it is handed to you, C&C or home delivery is the same in that respect  

Only because they arranged postage so have a contract with Royal Mail, not the customer.

If the customer arranged his own postage/ delivery then JL would not be responsible after it was picked up for delivery. 

Jenni_D

The OP says that this was a widely advertised offer (via the Internet/other websites) so wouldn't necessarily be a pricing error ... unless all those other websites were wrong of course. 🤷‍♀️