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Can they??

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  • 28-07-2008 5:45pm
    #1
    Kimbot
    Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,454 Mod ✭✭✭✭


    Folks, ordered a few games off an online retailer. They took the money for the games yet they cancelled my order due to no stock. Now they are selling the games a day later at a higher price and in stock.

    How on earth can they get away with this as its not a case of mispriced items as they sent to some people and not others, also I ordered before others and they are getting their orders but I am not getting mine??


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    #2
    Shelflife
    Registered Users Posts: 3,073 ✭✭✭Shelflife


    Can they do it ? Yes

    they had limited stock , sold out , bought in new stock which was dearer and passed on the price to the customer. thats life.

    as for some people getting it at the old price , i would imagine thats just random picking of the order.

    it may not be fair and it may be sharp practise but thats the way it goes.

    they will only get away with it if you let them, take your business elsewhere.


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    #3
    Kimbot
    Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,454 Mod ✭✭✭✭Kimbot


    Well I am more annoyed that they didn't have "Limited Stock" it was in stock, now they are marked as Limited stock with the new higher price on them.
    Also what has annoyed me more is that they didn't honour first come first served and rather at random decided who should get the cheaper games. Its a joke TBH.


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    #4
    forestfruits
    Registered Users Posts: 572 ✭✭✭forestfruits


    I would have thought they would have had to honor the agreed purchase. There is something about an online retailer not being allowed to advertise something on their site if it is not held in stock though I wouldnt back down on it so easily. If its on the site it has to be in stock as far as I know. Give the Consumer info office a buzz see what they have to say


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    #5
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    jonny24ie wrote: »
    Well I am more annoyed that they didn't have "Limited Stock" it was in stock, now they are marked as Limited stock with the new higher price on them.
    Also what has annoyed me more is that they didn't honour first come first served and rather at random decided who should get the cheaper games. Its a joke TBH.
    You had a contract with the seller. Just see if there are any terms and conditions on their website about their right to cancel. Either way I don't think it matters. Once they took your money then you had a legally binding contract i.e. offer (you offer), acceptance (they accept), intention to contract (selling games is what they do), capacity to contract (they could legally make the contract) and consideration (money). If there is no mention in their terms about them being able to cancel the contract then don't let them away with it.


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    #6
    cgarvey
    Registered Users Posts: 3,886 ✭✭✭cgarvey


    Define "They took the money", as that is critical in determining if a contract was formed. Did the funds leave your credit card, or do you mean they just accepted your CC details?


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    #7
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    cgarvey wrote: »
    Define "They took the money", as that is critical in determining if a contract was formed. Did the funds leave your credit card, or do you mean they just accepted your CC details?
    Even if they charged the card and booked funds temporarily it is still enough for consideration i.e. future consideration.


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    #8
    Kimbot
    Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,454 Mod ✭✭✭✭Kimbot


    The money came off my laser card. Only one game out of 3/4 cancelled has been refunded to my card so far.


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    #9
    Big_Mac
    Closed Accounts Posts: 991 ✭✭✭Big_Mac


    jonny24ie wrote: »
    The money came off my laser card. Only one game out of 3/4 cancelled has been refunded to my card so far.


    If they have returned the funds to you it may be tough. They could give you some spiel about not being able to fuflil their contract to you hence the refund..

    Worth checking out with consumer info office though


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    #10
    msg11
    Closed Accounts Posts: 3,572 ✭✭✭msg11


    Not too sure on the legality of internet shopping. But the practise should be that you (customer) entered into a contract with them (the seller), and agreed on a price, once you agree and they agree, the contract is sealed. Meaning you must pay the agreed price and they must give you your item.

    Them, refunding you the cash , because they have not got it in stock is not on, as it is there problem not yours. The contract should still stand as it is, until both parties come to some form of an agreement. (wait for more to come in, or get a different game or take a refund)

    Then again it is the internet, and I cannot see much happening about it too be honest. Cut your losses and buy the games elsewhere.


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    #11
    cgarvey
    Registered Users Posts: 3,886 ✭✭✭cgarvey


    axer wrote: »
    Even if they charged the card and booked funds temporarily it is still enough for consideration i.e. future consideration.

    Are you talking about pre-authorisation when you say "booked"? If so, that make sense. If you mean they took the funds (as in they were cleared) and returned them at a later date, then I know of at least one judge who'll disagree. There's been quite a bit of discussion on the topic over some high-profile price mishaps on websites, but this is different in that they took the money.

    OP, I believe the law is on your side, but what are you gonna do! Is it worth the hassle / risk / expense of taking legal action?


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    #12
    Kimbot
    Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,454 Mod ✭✭✭✭Kimbot


    cgarvey wrote: »
    Are you talking about pre-authorisation when you say "booked"? If so, that make sense. If you mean they took the funds (as in they were cleared) and returned them at a later date, then I know of at least one judge who'll disagree. There's been quite a bit of discussion on the topic over some high-profile price mishaps on websites, but this is different in that they took the money.

    OP, I believe the law is on your side, but what are you gonna do! Is it worth the hassle / risk / expense of taking legal action?

    It isn't worth the risk, the emailed me with some speil about being out of stock on saturday but monday got stock from a different supplier at a higer price. I will follow up with another email later on and see how I get on with it. They also told me that the orders were first come first served but people that ordered after me got their products.


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