SO ANNOYED! Declined pre-order item! - HotUKDeals
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SO ANNOYED! Declined pre-order item!

rash Avatar
8y, 8m agoPosted 8 years, 8 months ago
I bought paid for and money had been taken from my account for the following item:

http://www.superetrader.co.uk/hp-compaq-2133-mininote-pc-linux-os-1gb-ram-120gb-hdd-p-3278.html?gad=CMDIu8kDEgg-s_Nh2Zr1URiY3OT-AyCY9p4z&

company called supergps.

About 3/4 weeks ago, at that time it was £299.99 + P&P!

Now I get an email today saying there are none in stock - when they have 5!!!!!

I am SOOOO ANNOYED!!!

DO I have a leg to stand and can I do something about this? I want the laptop but obviously they want me to pay £500!
rash Avatar
8y, 8m agoPosted 8 years, 8 months ago
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#1
As I understand it, when money is ttransferred, a contract between the customer and the seller is formed that can only be cancelled by the customer under the cooling-off regulation of the DSA or if the item has something wrong with it. Speaking with citizens advice is always an idea, but it looks to me, in my understanding of the law, that it's Supergps that haven't the leg to stand on. Although, getting them to accept that might require some stern words and threats.
#2
depends on their t+cs
most contrcts are formend when goods are received or dispatched
#3
jasonrat
depends on their t+cs
most contrcts are formend when goods are received or dispatched


Don't you think that the fact that they took the money for 3 weeks means they accepted it?
#4
rash;2067709
Don't you think that the fact that they took the money for 3 weeks means they accepted it?

Taking the money is the tender.....
#5
I've just rang them up and asked when they got stock in for this laptop! Turns out they got the stock in on FRIDAY - guess when I got the email for out of stock, FRIDAY!!!!!!!!!?

What a bunch of cheats!! NOW I DO have something to be SERIOUSLY angry about!!!!!!!!!!!
#6
Any price is an offer to treat until such time as both parties agree to accept price. This covers retailers in the case of price being wrong and so not having to sell you the item.Also works the other way in that they can't put the price on the shelf as one thing and charge another.

However, the invitation to treat becomes contract when money has been taken as the retailer has accepted your request to take up the offer.

However, it becomes a bit more complicated as some companies put through the sale against the debit/credit card which "ringfences" the funds and gets an auth code back, but may not go through and complete the payment process which includes claiming against the auth code by sending up a subsequent settlement request to their payment system. This "settlement" can be anything up to two weeks later and until they do this they haven't taken your money despite your bank showing your account as being down by this amount.

Imho Its a very sneaky way of getting out of committing to contract for quite sometime after the original purchase request.

You should still beable to claim if they have sent any email confirmation that says they have taken payment as this also consitutes acceptance and they have committed to selling it to you at that price.

hth
#7
I paid with paypal, and my credit card actually showed the payments HAD been taken, I had been out of pocket of £300 for 4 weeks.

It wasn't just an authourisation - it doesn't show unless money has been taken.

Plus I've just got an email saying they have them in stock, and I should buy now!

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