My wife bought on Kmart.com.au all the Christmas presents for the family. One week later, 70% of the order is cancelled without an explanation from Kmart, putting us in an uncomfortable position.
We are currently in the process to make a complain at ACCC against Kmart.
If you are in the same situation as us, I suggest to do the same. Dodgy practices from Australian retailers must stop.
Thanks
Righteo… Good luck with that…
Thank Kmart for saving you money!!!
There is nothing dodgy about a store being unable to fulfill and order.
A contract is only formed when there is an offer and an acceptance (I feel like I say this a lot on OzB).
You as the customer make the offer. Kmart accepts the offer under their T&Cs of the purchase "upon Kmart acknowledging such order or failing to reject such order within 14 days".
Additionally "Kmart reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order". Unless you could show a form of unlawful discrimination in the cancellation of your order, they have every right to do so before they accept the order (and form a contract).
As they didn't accept the order within 14 days, they have met their terms and conditions.
If you really want to kick up a stink, the ACCC is the wrong place to do it. You need to contact your fair trading agency in your state or territory who will try to act as a mediator in the dispute. But in this case, you have little leg to stand on and you're not going to get anywhere.
The good news is, there's 3 weeks before Xmas, so you have plenty of time to find the presents for your kids and there will be plenty of bargains in the lead up to Xmas too.
Most pointless complaint of the day award goes to you.
Yes it sucks but it is in no way a dodge practice. Their system probably just sucks. There's nothing that states 'everyone must have an amazing system that can accurately track inventory everywhere' because there wouldn't be many online businesses.
You say it was cancelled without explanation but you've stated that no stock is available? Which one is it?
Does it warrant a post on a forum stating your frustration? Sure. Will the ACCC do anything about it? Probably not. Even if they did, Kmart will just say that there was an issue with their system.
At the end of the day, these issues create unhappy customers and ultimately lose revenue as a result.
Also. I really dont know how this puts you in an 'uncomfortable' situation. You still have weeks before Christmas…
Was just thinking the same thing, 3 weeks plus is plenty time.
Another rant.
ACCC does not deal with individual complaints. They deal with breaches of law. Has there been a breach of law here??
get some top class law graduate that pursues other passion, and start a class action against them
it's all about principles
I think this is the third thread this week I’ve read about someone having a winge and wanting to go to the ACCC because the product was out of stock or not available or whatever.
KMART has presumably refunded you the rest of the order so they’ve done the right thing. They don’t need to explain why. If it was a good deal on something then they probably only had a handful in stock.
Move on… seriously.
Xmas is still 4 weeks away, go to a shop and buy anything on the shelf.
What was the order value?