Game not honouring Black Friday order.

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zeppelingecko
zeppelingecko Posts: 11 Forumite
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in Consumer rights
Hi all,

Looking for some advice just to know where i stand before i go making a fool of myself!!

So my husband and i bought a game bundle from Game on Black Friday (29th Nov) for ~£240 for our son's Christmas present. Original price was £290.

We had a delivery on Tuesday 3rd December- completely the wrong order, nothing we ordered was in the parcel, just unusable items (for us!). Our order receipt was in the box with our correct order on it.

Took it to our local store on Wednesday 4th, and they phone customer service for us. Whilst on the phone they advised as we had taken it to store this was enough 'proof' for them that we have returned the items and they assured us the correct order will be sent out the next morning on a 24-48 hour delivery. Great.

Cut to today (Sunday 8th) and i receive an email from them stating;

'We have had an update from our team and they have unfortunately stated they no longer have stock of this product so we would be unable to process a replacement, please let me know if you would like a refund processed and I will request this now for you, we apologise for any inconvenience caused'.

Now, we have checked online and contacted our local branch, both confirm the bundle is in stock...albeit at the original pre-black Friday sale price (around £50 more).

So, I am making an assumption here that Game do not want to process the order as it is going to cost them a extra £50......order was made around 6pm Friday 29th.

Not after anything other than them honouring our order and price advertised and paid at the time of ordering. They have offered a full refund but it is a specific gift we have bought so we will have to buy it at full cost after the refund comes......

Where do i stand?

Thank you,

Kayleigh
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  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    zeppelingecko wrote: »
    Where do i stand?
    You can have a refund, as they've stated.
    They don't legally have to honour the Black Friday price from new stock of a Bundle now at the full p[rice.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,992 Forumite
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    As above, you're entitled to a refund.
  • ChrisK....._3
    ChrisK....._3 Posts: 920 Forumite
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    That said. Game are a bunch of crooks and ignore any consumer rights
    If I ruled the world.......
  • bris
    bris Posts: 10,548 Forumite
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    Moneyineptitude wrote: »
    You can have a refund, as they've stated.
    They don't legally have to honour the Black Friday price from new stock of a Bundle now at the full p[rice.
    Not true, the contract in this case is binding. All the pieces are in place, there is nothing here that Game would get out of in court, no mistakes, pricing errors anything to get them off the hook.


    This was a properly formed contract that wold be suitable for a loss of bargain claim. Buying the bundle again for £290 and suing for the other £50 would be possible but if game don't play ball is the £50 worth the hassle.


    A well worded Email regarding Offer and acceptance of contracts to customer services might yield a result.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    bris wrote: »
    Not true, the contract in this case is binding. All the pieces are in place, there is nothing here that Game would get out of in court, no mistakes, pricing errors anything to get them off the hook.
    They are saying the actual bundle is now out-of-stock though. The fact that apparently the same game is still available at a higher price would be the point of contention.

    Nothing to stop the OP pursuing this further, but I think any success will be a goodwill gesture unless, as you suggest, the OP wants to go the court route.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Moneyineptitude wrote: »
    They are saying the actual bundle is now out-of-stock though. The fact that apparently the same game is still available at a higher price would be the point of contention.

    Nothing to stop the OP pursuing this further, but I think any success will be a goodwill gesture unless, as you suggest, the OP wants to go the court route.

    I think you misread the OP.
    zeppelingecko wrote: »
    Now, we have checked online and contacted our local branch, both confirm the bundle is in stock...albeit at the original pre-black Friday sale price (around £50 more).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    edited 9 December 2019 at 1:59PM
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    unholyangel wrote: »
    I think you misread the OP.
    No, the OP asserts it's the same bundle, But Game say otherwise;
    Game_Customer_Service_E-Mail_to_OP wrote:
    We have had an update from our team and they have unfortunately stated they no longer have stock of this product so we would be unable to process a replacement

    As I said, this is the point of contention. The OP may well see the same (or more likely similar) bundle on sale at a higher price, but Game will want to argue that this is not the exact same stock as they were offering on Black Friday...
  • unforeseen
    unforeseen Posts: 7,281 Forumite
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    But does the current bundle have the same SKU as the Black Friday one? If not, it to s a different product.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    unforeseen wrote: »
    But does the current bundle have the same SKU as the Black Friday one? If not, it to s a different product.
    Exactly the point which Game will make..
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    Moneyineptitude wrote: »
    Exactly the point which Game will make..

    But they do have those bundles in stock. The fact they may have had a limited number available at a special lower price isn't relevant - because a contract not being as profitable as you thought it was does not affect the validity of the contract. The law doesn't protect you from making bad deals, just from making deals you never intended to make.

    Stock issues are entirely within their control so not something they can use to escape liability for damages.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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