I have a question which doesnt seem to be fully answered on this site.
I purchased an item off an online website which was selling the item for a 3rd party seller (Both the website store and 3rd party seller are located in Australia).
The item I paid for was heavily discounted show an RSP and the price they were selling the item for and I couldn't believe my luck as it seemed to good of a deal. At first I thought it may be a scam, however I checked the website for the T&C's and I could see that I was protected by the website and through PayPal which is linked to my bank account for payment, so I placed my order.
Everything seemed to be processing properly showing payment had been made and the goods were ready to be dispatched and that I should receive the item in 2 days.
After 1 1/2 days later I received an email from the website saying that the 3rd party seller has cancelled the order. I replied to the email saying that I didn't accept the cancelation as money had been with drawn from my bank account and to my understanding they had made a contract with me to supply the item I had purchased.
The 3rd party seller replied to my email saying that it was a pricing mistake, and they also confirmed it wasnt a stock issue, and that they were cancelling the order based on their T&C's on the website which they sent me a link to.
I had replied to them stating I had already read through all the T&C's listed on the website store, and that I had also checked the 3rd parties website before placing my order, and there was nothing in the T&C's stating they could cancel my order after payment had been made. In fact the website states, and I quote directly from the website, "The Guarantee promises that for each and every order on the website you will get what you ordered"
My email back to them actually went through point by point of their T&C's and I have asked the 3rd party seller to clarify which part of the T&C's they were referring to when cancelling my order as nothing in the T&C's were related to a pricing error or cancelling my order at any time. To me the fact that the website states the guarantee promise, I would have thought they would need to honour their mistake.
It has now been a whole working week and I have not had another reply from them. I would like to go back to the 3rd party seller with some legal advice to take this matter further.
Do I have a case to take this further?
If you need further information I can provide you with many screenshots of the order and the T&C's, along with showing that money had come out of my bank account.
Kind Regards
Adam Bolt
I purchased an item off an online website which was selling the item for a 3rd party seller (Both the website store and 3rd party seller are located in Australia).
The item I paid for was heavily discounted show an RSP and the price they were selling the item for and I couldn't believe my luck as it seemed to good of a deal. At first I thought it may be a scam, however I checked the website for the T&C's and I could see that I was protected by the website and through PayPal which is linked to my bank account for payment, so I placed my order.
Everything seemed to be processing properly showing payment had been made and the goods were ready to be dispatched and that I should receive the item in 2 days.
After 1 1/2 days later I received an email from the website saying that the 3rd party seller has cancelled the order. I replied to the email saying that I didn't accept the cancelation as money had been with drawn from my bank account and to my understanding they had made a contract with me to supply the item I had purchased.
The 3rd party seller replied to my email saying that it was a pricing mistake, and they also confirmed it wasnt a stock issue, and that they were cancelling the order based on their T&C's on the website which they sent me a link to.
I had replied to them stating I had already read through all the T&C's listed on the website store, and that I had also checked the 3rd parties website before placing my order, and there was nothing in the T&C's stating they could cancel my order after payment had been made. In fact the website states, and I quote directly from the website, "The Guarantee promises that for each and every order on the website you will get what you ordered"
My email back to them actually went through point by point of their T&C's and I have asked the 3rd party seller to clarify which part of the T&C's they were referring to when cancelling my order as nothing in the T&C's were related to a pricing error or cancelling my order at any time. To me the fact that the website states the guarantee promise, I would have thought they would need to honour their mistake.
It has now been a whole working week and I have not had another reply from them. I would like to go back to the 3rd party seller with some legal advice to take this matter further.
Do I have a case to take this further?
If you need further information I can provide you with many screenshots of the order and the T&C's, along with showing that money had come out of my bank account.
Kind Regards
Adam Bolt
