SO ANNOYED! Declined pre-order item!

rash.m2k

I bought paid for and money had been taken from my account for the following item:

http://www.supergps.co.uk/hp-compaq-2133-mininote-pc-linux-os-1gb-ram-120gb-hdd-p-3278.html?gad=CMDIu8kDEgg-s_Nh2Zr1URiY3OT-AyCY9p4z&

company called supergps.

About 3/4 weeks ago, at that time it was £299.99 + P&P!

Now I get an email today saying there are none in stock - when they have 5!!!!!

I am SOOOO ANNOYED!!!

DO I have a leg to stand and can I do something about this? I want the laptop but obviously they want me to pay £500!

dmg24

What do the terms and conditions say?

rash.m2k

Nothing about pre-order items. but is does say:

but acceptance of your offer to buy the goods will not take place until after the payment is taken

Here's the full thing:

http://www.superetrader.co.uk/conditions.html?osCsid=0f30c766a66fe7bc9cf1330fa83032fb

By the looks of it I can force them to give it to me?

dmg24

The t&c's are quite contradictory, but playing devil's advocate:

All orders from the web can be cancelled provided we have not already shipped the goods to you.

My initial feeling was that this referred to the buyer cancelling, but it could equally apply to the retailer, so giving them a get out clause.

acceptance of your offer to buy the goods will not take place until after the payment is taken.

It does not say that acceptance takes place at the point of payment, but rather after payment.

Risk passes to yourself on delivery.

Risk usually passes at the time the contract is formed, so implying acceptance occurs at the same time as delivery.

The t&c's also allow for pricing errors, which would let them change the price that the item is available at.

Sorry it isn't what you wanted to hear, but it will be v tough to get them to honour the price (although they may just do it for goodwill, no harm in asking).

rash.m2k

All orders from the web can be cancelled provided we have not already shipped the goods to you.

Sale of goods act states once payment has been taken it is a binding contract - hence they cannot cancel - unless they run out of stock; which they haven't.

acceptance of your offer to buy the goods will not take place until after the payment is taken.

Payment HAS been taken, they held my money for 3-4 weeks - hence and acceptance of T&C.

The t&c's also allow for pricing errors, which would let them change the price that the item is available at.

they had the price on at £299.99 from at least 12-04-2008 (the time & date I saved the file on my PC) until 25-04-2008 (confirmed by this thread here: http://forum.eeeuser.com/viewtopic.php?pid=232576)

Not exactly a pricing error? They had that price for aover three weeks¬!


That can't be right??? Let me get this straight, they take my money for 3/4 weeks, put the price upto £499.99, and then refuse to send my order saying there are none in stock even though they have the item in stock????????

That b*llsh*t (if you don't mind me saying), there must be something I can do?

I'm going to ring them up tomorrow, what should I say? Threaten with legal action?

I have saved documents of the original price and the T&C.

advent1122

rash.m2k wrote: »

Sale of goods act states once payment has been taken it is a binding contract - hence they cannot cancel - unless they run out of stock; which they haven't.

It is not binding until they ship the item.

dmg24

rash.m2k wrote: »

Sale of goods act states once payment has been taken it is a binding contract - hence they cannot cancel - unless they run out of stock; which they haven't.

No, it doesn't! Always best to check your facts before quoting statute!

Payment HAS been taken, they held my money for 3-4 weeks - hence and acceptance of T&C.

Reread my post.

they had the price on at £299.99 from at least 12-04-2008 (the time & date I saved the file on my PC) until 25-04-2008 (confirmed by this thread here: http://forum.eeeuser.com/viewtopic.php?pid=232576)

Not exactly a pricing error? They had that price for aover three weeks¬!


That can't be right??? Let me get this straight, they take my money for 3/4 weeks, put the price upto £499.99, and then refuse to send my order saying there are none in stock even though they have the item in stock????????

That b*llsh*t (if you don't mind me saying), there must be something I can do?

There is no call for that language.

I'm going to ring them up tomorrow, what should I say? Threaten with legal action?

If you want to threaten legal action, get your facts straight first.

I have saved documents of the original price and the T&C.

A thank you would be polite.

superscaper

You can't force a company to hand over goods. The legal route only gets you a refund, not the goods. And I presume they haven't actually declined to give you your money back.

rash.m2k

Sorry guys (sorry dmg24) didn't mean to be rude, I'm just so p*ssed off, if I knew these morons were going to try and rip me off I would have bought the product from elsewhere!

What about the fact that my money has been tied up with these guys and so I have not been able to pre-order from elsewhere?

You can't force a company to hand over goods. The legal route only gets you a refund, not the goods. And I presume they haven't actually declined to give you your money back

Shop pricing is an invitation to treat – a concept which was established in the 1950's case of Pharmaceutical Society of Great Britain v Boots Limited. For a binding contract to exist, there must be an offer, a consequential acceptance, consideration for the deal and an intention to create legal relations.

http://www.dvd.reviewer.co.uk/news/feature.asp?Index=5265

ALL steps have been completed - they have taken the money and so there is an intent to create legal relations.

However the MAIN point I am trying to get accross is that they have told me that they do not have the item in stock BUT on their website the item say 'LIVE STOCK CHECK: 5 In stock'

They are clearly trying to cheat me!

dmg24

!!!!!! there has not been acceptance, and consequently no intention to create legal relations!

You are picking up vague bits of law here and pulling out the bits that suit your supposition. The law does not work like that!

You offered to buy the goods, but they have not accepted your offer. Therefore no contract exists.

Yes, I agree that they are trying to cheat you. It happens, find another stockist or another product. Simple!

rash.m2k

Are you a lawyer?

I rang them and they said they will be shipped on 14th of this month is that not acceptance?