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CURRYS PC WORLD CANCELLED ORDER THEY SAY THE PRICE WAS ADVERTISED INCORRECTLY ON LINE

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  • Closed Accounts Posts: 19 Wandering Country Girl


    ted1 wrote: »
    You'll find that they reserve money on the card , but only processed and took it when they ship orders.

    the money is showing as payment to currys on my CC statement its gone out of account - they didnt cancel for over 30 hours


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    just got legal advice & they debiting my credit card means we had a binding contract - small claims court it is

    That's probably your best (only) course of action. You may well find the retailer agrees to complete the transaction before it gets to court or just doesn't contest it. Either of those options is likely to be the cheaper alternative for them even if they appear to have a 'get out' in their Ts and Cs.


  • Closed Accounts Posts: 4,030 ✭✭✭njs030


    there was acceptance i have a email thanking me for my order & they debited my card tge full amount not yet refunded

    That's not acceptance. This has been explained to you many times.


  • Closed Accounts Posts: 19 Wandering Country Girl


    Did the email say order confirmation or acknowledgement?

    confirmation of order & showed amount paid


  • Closed Accounts Posts: 4,030 ✭✭✭njs030


    confirmation of order & showed amount paid

    In the terms and conditions you agreed to it says they can cancel at any time before dispatch and give you a full refund. That's what happened. There is no law that overrules this.
    It happens all the time, mistakes are made and companies have to fix them.

    Your money has been refunded-it's your bank that takes 3 days to replace it not them.


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  • Posts: 0 [Deleted User]


    What were the incorrect and correct prices?


  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,602 Mod ✭✭✭✭Kimbot


    Isnt online purchases subject to Distance selling laws and they state that the contract hasnt been fully bound until the consumer receives the goods??


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    consumers association advice is that they offered an item at a price i tendered an offer they accepted & confirmed accrptance by issuing receipt & confirmation by email & charging my card - contract signed now they are in breach of contract

    I'm afraid that the Consumers Association advice is incorrect. Contracts require (amongst other things) offer, acceptance and consideration. Automatically processing a payment online does not equate to acceptance. In this case there was no consideration or acceptance.

    Plus, online stores will often say in their T&Cs that the contract is not formed until the goods dispatch. This allows them some time to catch pricing errors.


  • Closed Accounts Posts: 19 Wandering Country Girl


    In the terms and conditions you agreed to it says they can cancel at any time before dispatch and give you a full refund. That's what happened. There is no law that overrules this.
    It happens all the time, mistakes are made and companies have to fix them.

    Your money has been refunded-it's your bank that takes 3 days to replace it not them.

    i know its not in my account the bank have informed me the transaction was completed by Currys & if they make a refund it can take 5 working days either way i no longer have access to my funds ad Currys debited my card completing the contract


  • Registered Users Posts: 40,458 ✭✭✭✭ohnonotgmail


    i know its not in my account the bank have informed me the transaction was completed by Currys & if they make a refund it can take 5 working days either way i no longer have access to my funds ad Currys debited my card completing the contract


    continuing to repeat this will not make it true


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  • Closed Accounts Posts: 19 Wandering Country Girl


    Karsini wrote: »
    What were the incorrect and correct prices?

    €280 difference I confirmed price by email as I wanted to preorder but was told they dnt do preorder & to order on line when product was back in stock - that email was 5 days before product ordered so they were aware of price at that stage & I had difficulty ordering I needed to contact them by phone & their agent said it was a "Black Friday on line special"


  • Registered Users Posts: 1,707 ✭✭✭BeardySi


    I'm guessing from your dogged determination to not accept that your contract with curry's includes a clause allowing them to cancel in the case of a pricing error that the item was significantly underpriced and you thought you were getting on over on them? And now you're pissed that they won't put themselves put of pocket to facilitate you?


  • Closed Accounts Posts: 4,030 ✭✭✭njs030


    i know its not in my account the bank have informed me the transaction was completed by Currys & if they make a refund it can take 5 working days either way i no longer have access to my funds ad Currys debited my card completing the contract

    Just because it's not in your account doesn't mean anything.
    They have refunded it to your bank to process it, that's how long it takes for a refund to clear.

    It doesn't matter how much you dont like it you agreed to these terms and conditions and have to abide by them.


  • Closed Accounts Posts: 19 Wandering Country Girl


    Just because it's not in your account doesn't mean anything.
    They have refunded it to your bank to process it, that's how long it takes for a refund to clear.

    It doesn't matter how much you dont like it you agreed to these terms and conditions and have to abide by them.

    That states they are legally bound to deliver goods which form part of a contract


  • Closed Accounts Posts: 4,030 ✭✭✭njs030


    That states they are legally bound to deliver goods which form part of a contract

    You can't pick and choose which bits you want to read. It says that they can cancel it up until it has been despatched which is in most online t&c's.
    Like I said you made an offer and they refused it.

    Now you can apply to the small claims court but I doubt they'll accept your application.


  • Closed Accounts Posts: 19 Wandering Country Girl


    Are you reading any of this?

    It is incorrect.

    Read the T& and the solid advice above.

    Currys have been in contact & are happy to review the order because the card was debited - I will keep u all updated


  • Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    I'm getting a sense of Deja Vu here.

    Here's the options as far as I can see.

    1) persuade the retailer to honour the pricing error.
    2) accept you're not going to get the product at the price you thought.
    3) huff and puff about not getting the product, get it all off your chest then accept you're not going to get the product at the price you thought.
    4) take your chances in court

    Edit: I see option 1 may be on the cards, best of luck.


  • Closed Accounts Posts: 19 Wandering Country Girl


    Treadhead wrote: »
    I'm guessing from your dogged determination to not accept that your contract with curry's includes a clause allowing them to cancel in the case of a pricing error that the item was significantly underpriced and you thought you were getting on over on them? And now you're pissed that they won't put themselves put of pocket to facilitate you?

    Read the thread they confirmed the price by email 5 days before it came in stock to order !! They have not yet refunded my card as was confirmed during my contact thus evening


  • Registered Users Posts: 9,507 ✭✭✭runawaybishop


    Read the thread they confirmed the price by email 5 days before it came in stock to order !! They have not yet refunded my card as was confirmed during my contact thus evening

    You don't have a contract.

    Why have you even made this thread anyway, you have clearly made up your mind that you are in the right, contrary to clear evidence.


  • Registered Users Posts: 24,401 ✭✭✭✭lawred2


    a contract requires offer and acceptance. In this case there was no acceptance.

    I would argue that taking the money from the credit card was acceptance enough


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  • Registered Users Posts: 9,507 ✭✭✭runawaybishop


    lawred2 wrote: »
    I would argue that taking the money from the credit card was acceptance enough

    Automatically processing a payment is not acceptance. Acceptance is clearly stated in their terms and conditions.


  • Closed Accounts Posts: 522 ✭✭✭Walter2016


    just got legal advice & they debiting my credit card means we had a binding contract - small claims court it is

    Utter and complete bs.

    Bit of free advice - never ever use whoever gave you this stupid advice for anything serious.


    You are acting like a spoilt kid who will only accept an answer they want to hear.

    Go on, take them to scc - watch €25 go to waste


  • Registered Users Posts: 24,401 ✭✭✭✭lawred2


    Automatically processing a payment is not acceptance. Acceptance is clearly stated in their terms and conditions.

    They can define acceptance as whatever they like.


  • Registered Users Posts: 9,507 ✭✭✭runawaybishop


    In accordance with legal advice received a contract was entered when they debited the card, cards pre authorised by a seller can be cancelled but once the money leaves your account the contract is binding - the matter is now sorted to my satisfaction :-)

    Legal advice, from a solicitor right? Doubt it.


  • Registered Users Posts: 23,541 ✭✭✭✭ted1


    sorry they accepted ny taking payment in full & sending a receipt & confirmation of order

    No if you ring your bank theylll confirm that the money wasn't actually taking . It was out on hold like when you pat a deposit for car hire


  • Registered Users Posts: 40,458 ✭✭✭✭ohnonotgmail


    lawred2 wrote: »
    They can define acceptance as whatever they like.

    you really need to read the T&Cs that have posted several times already


  • Closed Accounts Posts: 19 Wandering Country Girl


    ted1 wrote: »
    No if you ring your bank theylll confirm that the money wasn't actually taking . It was out on hold like when you pat a deposit for car hire

    I can read what my credit card statement says they have accepted this evening the card was debited


  • Registered Users Posts: 9,507 ✭✭✭runawaybishop


    I can read what my credit card statement says they have accepted this evening the card was debited

    So what if it was?


  • Closed Accounts Posts: 19 Wandering Country Girl


    So what if it was?

    none of your business runawaybishop


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  • Closed Accounts Posts: 522 ✭✭✭Walter2016


    none of your business runawaybishop

    Do you know how utterly stupid you are making yourself out to be by you ridiculous ignorance and attitude to posters.
    Please please take them to court - we'd all like a laugh at the "legal advice" you got.

    As i said - its utter BS.


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