Hi everyone,
I'm a free diver and a spearo. I found a deal through DiveR Australia yesterday - 10% off for some blades. And I made the order and then received the confirmation email, but later on they sent me an email of the update of the order. The update is that I have $57 (10% of the order) due to pay.
Is this something normal? What should I do if I still like to get the blades? Or should I just tell them to cancel the order and refund?
Thanks in advance.
haha, thanks. I think no one would be interested in this kind of deals.
you either pay more, or ask for a refund.
they're under no legal obligation to honour it.
Well actually they are if your offer to purchase has been accepted.
It goes:
- invitation to treat (item for sale)
- offer (you place an order)
- acceptance (they accept your order)
Now most retailers have weasel words that say the automated order confirmation is not full acceptance. Whether this would hold up in court is debatable, but they know there is likely very little you can do about it.
OP could complain to the ACCC or fair trading in the seller's state but probably will amount to a whole lot of nothing and just be a huge waste of time.
Nope they are not obliged to honor the sale. They can simply compensate customer with full refund. For the international currency transactions (converted directly with Bank card instead of Paypal) this is even more annoying as people loose to the currency exchange rate, (you cannot directly file complain with Bank because they require documentation of you trying to get help directly from seller (aka to avoid reversing the international transaction fee paid).
No - lunchbox is right.
The real question is whether you have all of the necessary elements to establish a contract has been formed.
If it is a specifically enforceable contract then the buyer can insist they complete.
If it is not capable of specific enforcement (or a Court wouldn't exercise discretion to do so) then the buyer is entitled to sufficient compensation by way of damages to put him into the position he would have been had the contract been complied with.
In this case, that would not be a refund of his money, but the amount equivalent to the price of the blades from another source.
A business cannot accept payment with no intention to supply.
https://www.accc.gov.au/consumers/sales-delivery/non-deliver…
Complain to the ACCC. they might be doing this to lots of people, and it's not legal.
People get mixed up about what the law says and what happens in the real world.
It is likely OP could enforce their contract through the courts, but that would cost much more than the saving, so doesn't happen in the real world.
There are examples in case law where the amount is meaningful and it has been pursued successfully, but it looks different because it is a $100m building contract or ICT system or something where it is worth suing to make the supplier deliver at the offered price.
@mskeggs: Which is why I said it's a waste of time and just to report the company to the ACCC (if OP feels strongly enough). If they receive 100 similar complaints then they might take some action. If nobody ever complains then companies can act with impunity.
Or just ask for the full refund and leave a bad review as others have suggested.
thanks. will ask for a refund then.
its worth confronting them in tears over it though
When I worked on retail over 10 years ago, we were told that if an item was labelled with the incorrect price (lower price), we had to either sell it at the lower advertised price OR withdraw it from sale. We couldn't sell it at a higher price.
Not sure what the rules are now or if online sales are different though.
This is similar to what I used to do. If the price was incorrect I would tell the customer you can take it right now at the lower price but if you decide to have a think about it and come back later (even in 5 minutes) the price would be changed to the correct price.
Did many come back around the 4 minute mark?
In effect, they have withdrew it for sale. And now they are offering it for sale again at full price.
So then they should cancel it and re-invoice. Not ask for more money on the same order.
At the end of the day what's the difference?
Petty form really by DiveR like its 10%
I'd kick up a stink and then just get a refund.
Cancel the order and move on with life.
Q: What Can I Do if The Seller Dishonour Their Order Which I Made through a Flash Sale?
A: Sad for 1 day then come to ozb to create a post with the above subject.
"sent me an email telling me I need to pay another 10% of the order."
what was the reason? please be clear when asking 1mil dollar question like this in ozb, we take things seriously
the email is an update of tje order. I clicked to.check and the order shows I have $57 due to pay.
contact them and ask why they want you to pay more, then when they inevitably say "it's because we don't want to honour the sale" or some bullcrap excuse, respond that you would like a refund and are not happy at all and that you will leave some scathing reviews. maybe the threat of bad reviews will be enough to get them to honour it, if not, it's catharsis for you when you write the reviews.
DM you will pay the 10% less ( refund that amount ) as per their flash sale or can they cancel the sale .
2 simple choices .
If the +10% makes it still a good deal, pay it, if not, ask for a refund. Seems straightforward.
The real question is why didn't you post the original as a deal 🙃