Retailer cancelled order after dispatch

Kav_Piero

Looking for a bit of advice from anyone who's experienced this problem before.

I purchased a couple of items online last week from a large well known Irish retailer. I'll admit there was obviously a huge error made with the pricing on the website at the time of purchase - the item normally retails at €149.99 but was up on the website for €14.99 so I took a chance and ordered 2 fully expecting it to be cancelled straight away.

Money came out of my account and I received an email saying my order had been confirmed, then a couple of days later I received another email confirming my order had been dispatched and would be delivered within a couple of days.

A few hours after receiving the dispatch notification I received another email saying "We can confirm that we have received your returned item and your refund has been processed" even though I never requested the item to be returned.

They obviously noticed the pricing error and intervened somewhere along the delivery chain to stop the order from reaching me. What really annoys me is the fact they only refunded the item value and did not refund the delivery charge (Delivery charge was €10). I've sent numerous emails to customer service querying the order and also raised the delivery charge refund issue but nobody has responded in writing, I did manage to get through by telephone once but got completely fobbed off by a rude customer service agent who gave me the "I'll have someone ring you back".

I had a read through the terms and conditions and it states the following "Non-acceptance of your order may be due to identification of a pricing or product description error" which is fair enough but I found another condition which is interesting "Acceptance of your order and the completion of the contract between you and (retailer I placed the order with) will take place when your order has been dispatched"

Is there anything I can do here? Am I still entitled to receive this order because they had confirmed dispatch and therefore completion of the contract had taken place as per the terms and conditions?

I probably would have let it go only for the fact they never refunded the delivery charge and won't respond to any of my emails or calls.

Darc19

You knowingly tried to defraud the retailer by trying to take advantage of an obvious error (you accept that you knew it was an error)

This in itself is a criminal act, though unlikely that the retailer would make a complaint.



You have zero entitlement to anything.

duffman13

Darc19 wrote: »

You knowingly tried to defraud the retailer by trying to take advantage of an obvious error (you accept that you knew it was an error)

This in itself is a criminal act, though unlikely that the retailer would make a complaint.



You have zero entitlement to anything.

Eh the above is nonsense.

In this instance, contact your bank for a charge back of the outstanding delivery amount and supply them with the emails. The retailer failed to deliver and as such its a complete cancellation of your order which should result in a full refund including delivery fees

FluffPiece

Hang on, the OP has an entitlement to the refund of the delivery charges.

Yeah they chanced their arm, a lot of people do. They expected it to not be honoured and it wasn't, fair enough. But they should refund the whole amount and not deduct for delivery charge as nothing was delivered.

I'd say fire an email and wait, probably a lot of people saw the error and tried the same, that's usually how they spot it and they will be in the process of refunding everyone but takes time to comminicate it to all. Worst case scenario apply for a refund via chargeback which can be done for debit cards as well via the bank but try to resolve it with the retailer first.

Dav010

Darc19 wrote: »

You knowingly tried to defraud the retailer by trying to take advantage of an obvious error (you accept that you knew it was an error)

This in itself is a criminal act, though unlikely that the retailer would make a complaint.



You have zero entitlement to anything.

Dear God. Every discounted purchase is a criminal act?

Sleeper12

Darc19 wrote:

You have zero entitlement to anything.

Apart for a refund of the delivery fee. If I read the OP correctly then this hasn't been refunded so far.

It is sad to read that a pricing error was suspected. Pricing error was confirmed when order was cancelled. Customer is now looking for a legal loophole to force the seller to sell at a loss. Its not easy running a business when you have people trying to take advantage of you in such a way

beachhead

Darc19 wrote: »

You knowingly tried to defraud the retailer by trying to take advantage of an obvious error (you accept that you knew it was an error)

This in itself is a criminal act, though unlikely that the retailer would make a complaint.



You have zero entitlement to anything.

god at th pearly gate.We are all ....cked

jhegarty

Darc19 wrote: »

You knowingly tried to defraud the retailer by trying to take advantage of an obvious error (you accept that you knew it was an error)

This in itself is a criminal act, though unlikely that the retailer would make a complaint.



You have zero entitlement to anything.

It's only February 3rd but I think I have already found the most incorrect post of the year.

beachhead

Dav010 wrote: »

Dear God. Every discounted purchase is a criminal act?

Fraid it is thanks to the legal experts on here

beachhead

FluffPiece wrote: »

Hang on, the OP has an entitlement to the refund of the delivery charges.

Yeah they chanced their arm, a lot of people do. They expected it to not be honoured and it wasn't, fair enough. But they should refund the whole amount and not deduct for delivery charge as nothing was delivered.

I'd say fire an email and wait, probably a lot of people saw the error and tried the same, that's usually how they spot it and they will be in the process of refunding everyone but takes time to comminicate it to all. Worst case scenario apply for a refund via chargeback which can be done for debit cards as well via the bank but try to resolve it with the retailer first.

Most sensible post so far

Dav010

beachhead wrote: »

Fraid it is thanks to the legal experts on here

Head over to Bargain Alerts, loads of criminals there.

Darc19

jhegarty wrote: »

It's only February 3rd but I think I have already found the most incorrect post of the year.

Try reading the ops post.

They proceeded KNOWING it was an error.

Whilst highly unlikely that any action would be taken, it does come under larceny.

Yes, they are entitled to delivery fee back, but have no entitlement whatever for the goods to be delivered.



Or from a legal point of view
"where it is clear that a mistake has been made, the law will not allow one person to benefit as a result."

Kav_Piero

Sleeper12 wrote: »

Apart for a refund of the delivery fee. If I read the OP correctly then this hasn't been refunded so far.

It is sad to read that a pricing error was suspected. Pricing error was confirmed when order was cancelled. Customer is now looking for a legal loophole to force the seller to sell at a loss. Its not easy running a business when you have people trying to take advantage of you in such a way

It works both ways look at the way certain retailers massively bumped up the price of a second hand PlayStation 5 around Christmas knowing they were in such high demand, same sort of thing happened for years with the likes of Ticketmaster and their resale related companies.

To be honest I just want my €10 back, found the terms and conditions interesting though and nothing wrong with asking the question about the legal aspect of these sort of incidents considering 99% of people just tick a box and agree to the terms on every website without even reading them. I wouldn't haven't even bothered looking at the terms and conditions only for I was going through the website looking for a refund policy because the company hasn't responded to me at all so far

Dav010

Darc19 wrote: »

Try reading the ops post.

They proceeded KNOWING it was an error.

Whilst highly unlikely that any action would be taken, it does come under larceny.

Yes, they are entitled to delivery fee back, but have no entitlement whatever for the goods to be delivered.



Or from a legal point of view
"where it is clear that a mistake has been made, the law will not allow one person to benefit as a result."

Complete BS.

What criminal act are you referring to when a consumer buys at the advertised price?

Interestingly, neither the ecc nor ccpc make any mention of criminality.

https://www.eccireland.ie/ecc-ireland-pricing-error-rights/

https://www.ccpc.ie/consumers/shopping/pricing/wrong-price-displayed/

The duty to advertise the correct price and not be misleading falls on the retailer.

Darc19

Dav010 wrote: »

Complete BS.

What criminal act are you referring to when a consumer buys at the advertised price?

Interestingly, neither the ecc nor ccpc make any mention of criminality.

https://www.eccireland.ie/ecc-ireland-pricing-error-rights/

https://www.ccpc.ie/consumers/shopping/pricing/wrong-price-displayed/

The duty to advertise the correct price and not be misleading falls on the retailer.

This is the legal view
"where it is clear that a mistake has been made, the law will not allow one person to benefit as a result."


so as I said, the op KNOWINGLY took advantage of what they said was an obvious price error therefore they cannot legally benefit from the error.

Dav010

Darc19 wrote: »

This is the legal view
"where it is clear that a mistake has been made, the law will not allow one person to benefit as a result."


so as I said, the op KNOWINGLY took advantage of what they said was an obvious price error therefore they cannot legally benefit from the error.

The op accepted the sellers invitation to treat at the advertised price, show us the criminal act you stated the op commited.

Darc19 wrote: »

You knowingly tried to defraud the retailer by trying to take advantage of an obvious error (you accept that you knew it was an error)

This in itself is a criminal act, though unlikely that the retailer would make a complaint..

Sleeper12

Kav_Piero wrote:

It works both ways look at the way certain retailers massively bumped up the price of a second hand PlayStation 5 around Christmas knowing they were in such high demand, same sort of thing happened for years with the likes of Ticketmaster and their resale related companies.

I think what you mean is that retailers reduce the price at slow times during the year and charge the regular price at peak times? Aren't toys, electric goods, clothing, shoes etc all cheaper after Christmas.

Darc19

Dav010 wrote: »

The op accepted the sellers invitation to treat at the advertised price, show us the criminal act you stated the op commited.

Op did not commit any offence. Only if the op insisted on the item to be delivered and accepted delivery knowing that they had benefitted from an error would an offence have been committed.

If you want the specific offence, ask in the legal forum.

Remember, the op said that they placed the order KNOWING that it was an error.

Dav010

Darc19 wrote: »

Op did not commit any offence. Only if the op insisted on the item to be delivered and accepted delivery knowing that they had benefitted from an error would an offence have been committed.

If you want the specific offence, ask in the legal forum.

Remember, the op said that they placed the order KNOWING that it was an error.

Why did you accuse the op of a criminal act?

If the op has abided by the terms of the sellers site and received confirmation of dispatch, I would think the op is completely blameless, taking it further, if the seller states that the contract is formed when goods are dispatched, they should be bound by their own t&cs irrespective of their mistake.

killbillvol2

Darc19 wrote: »

Op did not commit any offence. Only if the op insisted on the item to be delivered and accepted delivery knowing that they had benefitted from an error would an offence have been committed.

If you want the specific offence, ask in the legal forum.

Remember, the op said that they placed the order KNOWING that it was an error.

Most people would slink away in embarrassment after your initial bullsh1t post but no, you keep digging!

Kav_Piero

Sleeper12 wrote: »

I think what you mean is that retailers reduce the price at slow times during the year and charge the regular price at peak times? Aren't toys, electric goods, clothing, shoes etc all cheaper after Christmas.

No I mean certain retailers will bump the price up way over the recommended retail price/regular price when an item is in high demand knowing quite well people are that desperate they will pay mad money to get it (example parents paying €900 to get kids a ps5 at xmas)

Your original post claimed people try take advantage of retailers, my point is retailers have shown they take advantage of customers too.

If a retailer makes a mistake with pricing the customer will always chance their arm and vice versa with retailers if an item is in high demand the retailer will chance their arm and massively inflate the price and allow someone to pay way over the odds.

Sleeper12

Kav_Piero wrote:

No I mean certain retailers will bump the price up way over the recommended retail price/regular price when an item is in high demand knowing quite well people are that desperate they will pay mad money to get it (example parents paying €900 to get kids a ps5 at xmas)

You haven't a clue about business but I'll leave it there because it has little to do with your delivery fee

Zhane

Kav_Piero wrote: »

No I mean certain retailers will bump the price up way over the recommended retail price/regular price when an item is in high demand knowing quite well people are that desperate they will pay mad money to get it (example parents paying €900 to get kids a ps5 at xmas)

Your original post claimed people try take advantage of retailers, my point is retailers have shown they take advantage of customers too.

If a retailer makes a mistake with pricing the customer will always chance their arm and vice versa with retailers if an item is in high demand the retailer will chance their arm and massively inflate the price and allow someone to pay way over the odds.

No reputable retailer sold a PS5 above retail (not including bundles). Your issue is with scalpers. And the people who buy from them and then complain about them. Which is ironic since they are the reason scalpers can still get away with it.

Strumms

Darc19 wrote: »

You knowingly tried to defraud the retailer by trying to take advantage of an obvious error (you accept that you knew it was an error)

This in itself is a criminal act, though unlikely that the retailer would make a complaint.



You have zero entitlement to anything.

Look up the legal meaning of defrauding...’illegally obtaining money by ways of deception’. ‘to take something illegally from a person, company, etc., or to prevent someone from having something that is legally theirs by deceiving them... The retailer advertises a product for sale at X price, you accepted and purchased..

The consumer likes the price and product , purchases the item. Zero deception or taking of anything illegally

It’s not up to the consumer to evaluate fairness or otherwise, or guess if an error was made. I or any consumer are not employed as auditors of pricing for anybody so I won’t be spending my time doing that... Consumers have zero legal or moral obligation as part of the transaction to flag errors to those who may have made them ie. The retailer....If they LIKE the price, they can purchase, simple.. retailer doesn’t want to loose revenue ? Retailer ought not to fûck up and have checks to ensure that cannot happen..

It’s not up to the consumer to evaluate fairness or anything else.... no onus or legal obligation on the consumers behalf.

If I go on to the aerlingus website... look at return flights to New York, the price is advertised November 14 - November 21.. 98 euros return... I normally pay about 420 that time of year.. I’m thinking ok, they advertised at this price, so I’m buying...if after emailing my booking confirmation, debiting my card for the advertised amount... that’s it.

Graham

Darc19 wrote: »

Or from a legal point of view
"where it is clear that a mistake has been made, the law will not allow one person to benefit as a result."

Any chance of a link to the specific legislation or legal opinion you're quoting?

stronglikebull

Check on the ECC Website.
No mention of it being a criminal act, fraud, etc. Just says you are not automatically entitled to the goods even after payment is accepted. It does also say that if you made the purchase in good faith unaware of the mistake, then you are within your rights to insist on the goods. Not sure how someone would prove that or go about forcing the seller to send out the goods.

I have seen it mentioned here on this forum many times that this comes under "Theft by deception" but I'm not sure if that's actually something in Irish law, or just people getting legal advice from watching too much Law and Order.

You should get your €10 delivery fee back though.

hurikane

killbillvol2 wrote: »

Most people would slink away in embarrassment after your initial bullsh1t post but no, you keep digging!

:D:D:D:D:D:D

o1s1n

Darc19 wrote: »

You knowingly tried to defraud the retailer by trying to take advantage of an obvious error (you accept that you knew it was an error)

This in itself is a criminal act.

Darc19 wrote: »

Op did not commit any offence.

Well, which is it?

I'd be hounding them for that tenner OP, don't let it go!

ohnonotgmail

Darc19 wrote: »

This is the legal view
"where it is clear that a mistake has been made, the law will not allow one person to benefit as a result."


so as I said, the op KNOWINGLY took advantage of what they said was an obvious price error therefore they cannot legally benefit from the error.

what piece of legislation is that quote taken from?

seagull

ohnonotgmail wrote: »

what piece of legislation is that quote taken from?

The book of "I heard it at the pub when I was pissed"