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Littlewoods cancelled order options?

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  • 22-11-2012 8:47pm
    #1
    REXER
    Registered Users Posts: 458 ✭✭


    Hi folks, I hope that this is the correct forum for this question. If not then please move as appropriate.

    I have a problem here that I hope you could possibly help with.
    My daughter ordered a PS3 from Littlewoods in late October, the payment was taken from her CC on the 31st October and the order status was changed to dispatched! :D

    Over the last 3 weeks she has been waiting for the delivery, periodically checking the order status just to make sure that there were no problems with the order. :)

    After losing patience today she called customer care about the delivery and was told that the order had been cancelled due to a pricing error and that the money had been refunded on the 16th of November. :eek:

    Can Littlewoods do this after taking the payment, holding the money for 16 day whilst at the same time leaving the order status as dispatched the whole time? :confused:

    Apart from the fact that she wants the PS3 for the agreed price she is also potentially out of pocket for games and accessories that she has purchased in the interim as there were no issues with the order!

    The price for the PS3 at the time of the order was good but nothing exceptional

    What action if any can my daughter take here on this issue?
    Is the Small Claims Court a reasonable option in a case like this?


Comments

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    #2
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    It seems like poor form, but I don't think there's much she can do. Littlewoods probably have themselves covered in the T&Cs somewhere, saying that title of goods doesn't transfer until receipt (or something to that effect).

    I'd give the T&Cs of the sale a good read, to see if there are any loopholes.


  • Options
    #3
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    I find it hard to believe the Littlewoods would have a better price than Play.com or the ilk as they include the cost of their payment plans in the cost of everything they sell. So that would be my first suggestion - buy it somewhere else.

    As Dudara has said they may very well try and rely on their T&Cs. The law in the area of on-line shopping is a bit complicated and not exactly settled. It would certainly not be something I'd want to try and explain to a SmCC registrar. You might be lucky - you might have one who knows the area you might not. Personally I'd say as the money was taken you were in the right and had an enforceable contract - that said I'm not qualified to give you a legal opinion.

    Turning to PS3s - I'd buy from a bricks and mortar shop. PS3s are notoriously unreliable, Argos would be my preference - they tend to be reasonable when the thing inevitably goes wrong. Don't listen to any of this 12 month warranty crap either you've more than that on alomost everything you buy.


  • Options
    #4
    weisses
    Registered Users Posts: 9,446 ✭✭✭weisses


    What was the agreed price ?

    From their website

    2. Ordering Goods

    2.1 All orders placed through our website will be subject to our acceptance of the order.

    2.2 When you submit an order to us on our website, you will receive a 'bounce back' confirmation email of this order saying that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) when we despatch the goods to you. Title to the goods will pass to you on delivery.

    So if you can proof that they dispatched it to you ... you could have a point


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