Cancelled then uncancelled

[Hodgey]

I made a large order of a product from a large retailer, at a very very good price (mis-price).

The order was confirmed, but I decided to cancel, so I emailed them cancelling the order. 1 hour 40 minutes later, I decided to un-cancel the order, and requested un-cancellation by email, and over the phone, where the woman agreed it would be dispatched.

The order was dispatched, with still no reply from the original email I sent. During transit, a customer service representative then saw the original cancel order email and then requested the courier to not deliver and return the goods. My account was then refunded.

My question is, because I requested the cancellation request to be cancelled, over the phone and by email, do I have any right to have the order to be resupplied, and re-charged to my account at that price, as the price has now gone up substantially?

Thank you for your help!

[leclerc]

Re: Cancelled then uncancelled

If the price was a misprice ie that it was labelled incorrectly then the answer is probably no because they would have had the right to change the price prior to payment. However, if it was a sale price then I believe the store has a duty to investigate and potentially resupply at the price quoted.

I would wait for more advice but the obvious question is what has the company said to you in writing?

[Hodgey]

Re: Cancelled then uncancelled

Staples was the company. The order had been confirmed, and dispatched which according to their terms and conditions, the contract had been formed.

"Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been successfully ordered (the Order Confirmation). The contract between us ( Contract) will only be formed when we send you the Order Confirmation."

What comes into question, is if I gave them cancellation notice, but retracted that before it was dealt with (requesting by email and phone), is the contract considered cancelled?

[Hodgey]

Re: Cancelled then uncancelled

They are now saying that I have no right to get the products because of a further section in the terms and conditions:

"We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

Do they have anything to stand on, and are there any consumer laws which supersede this?

[MissFM]

Re: Cancelled then uncancelled

Don't know the answer, sorry Hodgey, maybe someone here does - but I suspect you blew it when you cancelled, which would've given them a get-out from the mis-price.

[gravytrain]

Re: Cancelled then uncancelled

In my opinion I think you don't have a case unfortunately.

I know that if an item in a shop is incorrectly labeled they do not have to supply it to at that price, there was a test case on just this P.S.G.B. v Boots Chemists [1953].
If the sale was conducted over the phone the distance selling rules would apply, these state the the the contact is not formed until "completion day" irrespective of what they say. This is the day the goods arrive, and is also the time that the period for cancellation starts.

So either way I do not think you have a claim sorry

[MissFM]

Re: Cancelled then uncancelled

In your "onion" GT?

[gaz2006]

Re: Cancelled then uncancelled

In my view if you hadnt cancelled you could have the goods at old rate once you cancelled any new order was at a rate they decide i agree with gravy train afraid its a no go now regards Gaz

[gravytrain]

Re: Cancelled then uncancelled

In your "onion" GT?

Yes I put onion instead of opinion, leave it

[Hodgey]

Re: Cancelled then uncancelled

Thanks for the replies.

I had a few as part of another order which I didn't cancel. They have cancelled those too using their terms and conditions. I guess I don't have any chance with those either?

[leclerc]

Re: Cancelled then uncancelled

Hodgey, Did you email them or have something in writing uncancelling the cancelled order?
If so, what happened to that part of the email?

If you regularly use STAPLES then by all means email them and explain your side of the issue. Say that you have received an explanation but clearly that was not explained to you by the woman you spoke with despite explaining the situation to her.

Amee.Chande@Staples.com

[Hodgey]

Re: Cancelled then uncancelled

Hodgey, Did you email them or have something in writing uncancelling the cancelled order?
If so, what happened to that part of the email?

If you regularly use STAPLES then by all means email them and explain your side of the issue. Say that you have received an explanation but clearly that was not explained to you by the woman you spoke with despite explaining the situation to her.

Amee.Chande@Staples.com

I've spoken to them by phone and they have sent a letter clearly explaining the situation.

I think it may be a case of just leave it be.

Thanks for your help.

[Guest]

Re: Cancelled then uncancelled

AH HAAAAAAAAAAAAAAAAAAAAA! :spooky::flypig:eace:

[Hurricane Puffrose]

Re: Cancelled then uncancelled

Hi Hodgey,
just read this thread and think I may be able to add a few pointers here.

When you order something online or via the phone, it puts up a marker for dispatch, as does a cancellation of an order. Normally what happens is, the marker stays there for about a week to ensure that the order does not get sent.

In this case, the order was ordered, cancelled, then ordered, and with no disrespect intended the Fraud Dept's alarm bells went haywire and the order was cancelled again.

There are a few unscrupulous advisors who will do this, charge a customer, cancel the order, pocket the money and then process the order again, as very rarely the cancellation marker doesnt show.

So, rather than accuse you of attempted fraud, you were told it was Customer Services that cancelled your order.

On to the second point, the pricing.

If you ordered something at lets use £100 and it should have been lets say £180, most times it is a goodwill gesture that allows you the discount. Legally they can say an error occured and give you the oppurtunity to change your mind.

As you cancelled the order, the error was detected and put right, then you re ordered, at the correct price. Totally legal.

I would advise you not to take action about this as the chances of winning are near on nil.