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American Eagle Clothing "sale" issue

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  • 05-12-2009 3:29am
    #1
    consultech
    Closed Accounts Posts: 1,956 ✭✭✭


    Hi all,

    I recently availed of AE's (www.ae.com) Thanksgiving Day offer of 25% off my full order, which I used in conjunction with their regular on-site discount offers of "buy one, get 50% off" etc. I ordered 10 items, all of which were marked as "in stock" when I was placing my order.

    I attempted to pay for the order with my credit card, but it was declined, so I topped up a 3v card and made the order that way. They have "pre-authorized" (as they put it) the full $ amount for the 10 items.

    I received an email 3 days later telling me that part of my order had shipped. I later received an email telling me that there was 4 items that were not in stock. Another email arrived yesterday inviting me to order them now they are in stock again, at full price, and incurring a further $50 flat shipping fee. I called them for 15 minutes tonight outraged at this, to hear their claims that they are only holding the full amount, but that they will refund the difference for the items that were not delivered once the order ships. The order shipped 3 days ago, and I've heard nothing.

    I don't think it's any coincidence that it's the 4 items that were subject to the greatest discounts that were "not in stock", despite me originally being told they were. They've essentially cut all the value out of the order by cancelling all the items I received a discount on, and want me to pay full whack+shipping to re-order them.


    What are my options here? They are an American-based company so I don't know what channels to go through to register a consumer-law based grievance.

    Any help very much appreciated.


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    #2
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    It is quite possible that the 4 heavily discounted items were sold out. Plenty of other people could be doing exactly what you were doing and take advantage of a price cut. Also their inventory system might not updated immediately every time a purchase is made, it could be updated one or twice per day.

    If they didn't deduct the value of the out-of-stock items from your 3v then they have effectively declined to accept that part of your order and no contract was formed. (I'm not sure what pre-authorized means, did they deduct or just get approval the dosh is there)

    Their terms & conditions (which seem fairly standard) cover them. You implicitly agreed to them when you placed you order.
    6. Disclaimer. THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS” AND “WITH ALL FAULTS.” AEO MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE.
    (their boldface, my emphasis)

    Since they are US-based EU consumer law does not apply and you would have to pursue any claim through the US system (if there is one) and on very shakey grounds too imo.


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