Hey,
I placed a pre order on this phone (https://www.kogan.com/au/buy/oneplus-7t-pro-12gb-ram-256gb-m…) through Kogan at $749 on 25/11. Today I received an email claiming they can no longer fulfill my order due to circumstances out of their control. The original pre-order was sold out and now they have relisted a new pre-order at an increased price. Is this allowed under Australian Consumer Laws?
Thanks for the help :)
My feeling is the law should reflect that if they charge your payment method, incorrect price or otherwise, it should be a done deal and they are held accountable to it.
I'd agree in principle - you've accepted the offered contract at the specified price, and the supplier is obligated to fulfil the contract or award 'damages' to the other party.
I'm sure there is outs in the T&C's on Kogan's side, but that doesn't necessarily mean they're legal. I'd be asking this direct to Fair Trading or the relevant body.
award 'damages' to the other party.
The damage, in this case, is a full refund.
No, this appears to be a breach of contract claim. The way damages are assessed in a breach of contract case is to put the wronged person into the position they would have been had the contract been performed (or as close as money can).
In this case it might be an award for the cost to purchase the item elsewhere.
If it were a misleading or deceptive conduct claim (which might be possible), then the proper measure of damage might be different - although the ACL gives the Court wide powers to compensate.
Again, people who are not lawyers should not be giving legal advice.
@Almost Banned: You're right. People that aren't solicitors shouldn't give legal advice.
https://www.kogan.com/au/terms-and-conditions/
6.4
Kogan Australia reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).6.5
In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.6.6
Kogan Australia does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.6.7
Kogan Australia shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Kogan Australia (or its affiliates), and Kogan Australia shall be entitled to a reasonable extension of time for the performance of such obligations.
@whooah1979: Just because Kogan has terms and conditions does not exempt it from Australian laws and fair trading etc.
@Eeples: What Australian law are you referring to?
The supplier can't be in breach of contract when both parties agreed to the terms of the contract.
@whooah1979: “The supplier can't be in breach of contract when both parties agreed to the terms of the contract.”
Incorrect. If you sign on a contract with unreasonable or illegal clauses, they still cannot be enforced on you.
@Save 50 Cent: It's likely not unreasonable to allow the contract to be rescinded before shipment and a refund provided.
@whooah1979: Thanks for providing an excerpt of Kogan's terms of trade - however I am not sure why you think they are relevant.
Either Kogan and the purchaser have a contract for provision of the item, or they do not.
If they do not, your opinion on the loss and damage is not merely incorrect at law, but irrelevant.
If they have, then your terms and conditions do not change the appropriate measure of damages. However, it is possible that Kogan has tried to cap any losses that might be recoverable. Try searching for that clause.
Thanks heaps for the insight, much appreciated. I am going to push them on this and hope for the best.
It happens.
The supplier still retains ownership of the good until they A) transfer the good to the carrier, or B) the good is delivered to the customer.
Kogan cancels Pre-Order due to price change
It sounds like you're expecting some sort of actual customer service from Kogan.
Today I received an email claiming they can no longer fulfill my order due to circumstances out of their control
Depends on whether this is legit. They made an offer, you accepted by making a payment, Kogan formed a contract with you by accepting your money. If they can't prove it was beyond their control like the factory shut down and the product is found not meeting regulations for public consumption.
This is why Amazon doesn't take payment unless they ship because it isn't forming a contract.
"Kogan formed a contract"
Are you sure that there isn't fine print in the contract completely allowing this?
Are you sure that there isn't fine print in the contract completely allowing this?
Kogan can write it earth is flat in the contract. Doesn't mean accepting their contract makes the earth flat. Once you take someone's money then you have a liability to deliver.
They can have a clause about "acts of god beyond their control like natural disasters, or product is no longer manufactured, they cannot source it because it is banned from sale". If the product is available elsewhere then I doubt it is unavailable due to beyond their control, just unwillingness to supply.
Back in reality, court cases are long and expensive processes. There simply aren't your imagnary taskforces protecting consumer rights from 'refunded in full' scams. Court cases are often determined by whoever has the deepest pockets and not some purist sense of all that is good and just. The ACCC does not pursue individual disputes, so if you complain to them, it goes on a lengthy pile, might get addressed down the line but doesn't resolve your specific issue. Courts are not full of these cases because it is too expensive to pursue. So many people Karen on about their god given consumer rights. How many have actually taken civil action? It's a bluff.
@[Deactivated]: But what about compensation? Surely someone has to pay compensation. No compensation and no damages are so unfair.
@[Deactivated]: If there is enough complaints then Kogan gets a good wacking
The reality you could take them to small claims to non delivery provided you can establish a contract was formed and Kogan is just being a bunch of idiots. If Kogan has given you the money back then taken them to small claims is also useless as the court will say you are not out of pocket.
@[Deactivated]: I’ve taken civil action. I’ve filed a tribunal case against a local retailer for refusing to remedy a broken stick of RAM (three months old), instead telling me to contact the manufacturer.
The hearing is Jan 25th. It costed about $60 to file.
@dualcore: Yep. And if the store or manufacturer replaced or refunded, the ACCC wouldn't care about consequential damages or loss of opportunity beyond the original refund or replacement.
Are you sure that there usn't fine print in the contract completely allowing this?
Australian Consumer Law also covers rules around accepting payment. The merchant shouldn't accept payment if they can't fulfil an order.
This is separate to common law contracts that @netjock is referring to, which also provides protection in this case.
What's the most recent case of a successful prosecution of your said ACL pertaining to fully refunded matters?
What's the most recent case of a successful prosecution of your said ACL?
The ACCC being useless is a separate issue. The fact that kogan flouts the law at every given opportunity just makes them scum.
@[Deactivated]: I think you're using "The pub test" although our politicians would love for people to accept it because it makes them seem more human.
@netjock: Hardly a pub test. Have a look at the ACCC record on "lost opportunity" matters, or lack thereof.
@[Deactivated]: Think you are looking too far ahead.
First problem: do you have a contract? If you've been given a quote and you've paid in full accepted T&Cs you have a contract
Then what options do you have? Full refund or delivery of the actual product. Something needs to happen here.
What is this opportunity cost? You want them to pay you 0.1% pa interest on time they have your money. If it is pre order and you have agreed to getting it next week there is no opportunity cost because you agreed to the delivery date.
The only reasoning is actually that they wanted to sell it higher than originally advertised. The stock is still due to arrive on the same date as original listing. They are just trying to get out of selling at original price, no other reasons.
My opinion on this is if vendor does NOT take payment then there is no contract but if the vendor already takes the payment and then there is a contract. Amazon is a perfect example of how things should be. It doesn't take payment until shipped.
It does not matter what T&C says because in the end T&C doesn't override consumer law. It is the ACL that needs to be beefed up.
If people cares enough, they should lobby for ACL to be changed so that once payment is taken, there is no effing around with your order unless major disaster happened (factory shut down etc).
There are simply too many incidences about this (Cue "Jack") to be ignored.
They took and held the money for 3 weeks. So they well and truly accepted payment.
If it was cancelled within a few days I would accept that. But to take the money for weeks then cancel everyone's orders and then list it at a higher price is ridiculous.
That's why.
In theory, if you're really bothered enough, you could setup a website and pretend to sell stuff and grab the cash, put it into "high-yield (vehicle?) investments" before eventually refunding them and keep doing that often enough, you could be ahead.
It's high time ACL needs to be beefed up.
We have one of the strongest consumer protection laws in the world. The ACL is fine. I want cheap goods and great bargains.
Phew.. Kogan honours the $19.99 xiaomi power bank.
Thanks again to everyone who has responded. I have emailed them but their response time will most likely be dreadful as is all their customer service.
The part of this that does my head in is we all purchased an item - funds were taken out instantly & now a few weeks later we have to all go jump & basically deal with it!?
They change their mind on price (no doubt perhaps seeing how popular it was? And line his pockets even more! 🤬) relist it as available at a higher price (as it was showing as sold out for after bf/cm) & as consumers we all basically have to eat sh!t as was presale and funds taken means pretty much nothing.
If this isnt definition of a bait and switch i realy am not sure to know what is!
Now, from what i am reading ACCC & ACL have some caveats to how it can be applied and it is far from a ‘slam dunk’ in any of us having any chances of this being looked at..let alone the cases being passed in our favour AND are we going to take them to court over this = rather disheartening.
So why have laws in place to protect a buyer if they can be flouted and sidestepped so easily 😔
Many of us here have missed out, so wonder how many non ozB folks have also been jacked 😕
Ill still lodge with ACCC & see what happens i guess.. more out of principal now than anything else. Bc as it stands now, i have nothing more to lose other than time and hope that we get 🍀
Email them mate, they have agreed to sell to me at originally agreed upon price of $749.
😯 that’s excellent mate! Great to hear 😊
I had already emailed them last Wednesday, when this all started to happen, and as yet still no reply.
I’ll send a follow up and cross my fingers again
Did you say/do anything specific in your email that you believe has helped get a reply?
Am still waiting on a reply from my initial email to them (from chat in another thread) last Wednesday and again from my newest reply to them..
Note i still haven’t even received a ‘sorry can’t fulfill’ its just been cancelled.
Not sure if i start a new ticket or not or continue with already existing one
I initially emailed them and waited a day then messaged their Facebook page which I believe got me fast tracked because I got a response pretty soon after that. I just described the situation and asked how is it possible for them to be unable to fulfill my order considering it was showing as available but at a higher price. They then just sent me a specialised link with the phone for original price.
@[Deactivated]: Cheers mate appreciated the info. Ive had total radio silence and whilst they say refunded the money still hasn’t been. And in end i prefer the phone not a refund.
Ill contact them now and see what happens. Thanks again 😊
@[Deactivated]: Did you also get the 'oh there's a delay with the warehouse we're sending it on the 14th of feb instead of the 26th of Jan as we initially said' bullsh*t as well?
it then becomes a balancing act between how much kogan expects to lose fulfilling orders at a lost…
OR
how much backlash they expect to get from not fulfilling orders
In that regard then I expect Kogan to just refund given they dont have much face to lose anyway right???
I dont think any company really is going to lose a stack of money just because they dont want to "lose your respect"?
I'd normally agree but they were actually really helpful and agreed to original price.
Nothing this side.
No reply via Facebook, messenger or email
No contact at all aside email saying here is your refund.
Complete backflip on original helpfulness.
Count yourself extremely 🍀
Open a new ticket via your previous orders page. Go to the original phone order and contact them through there.
@[Deactivated]: They finally answered and offered a unique link to purchase at OG price.
I went ahead with the purchase so now cross fingers that end of January this all doesn’t happen again 😉
@LV-426: It's interesting how you posted a rant above about their poor behaviour, expressed frustration for several weeks, yet still go ahead and support them by purchasing from them. Then you wonder how they get away with their antics…
@Hybroid: True. I indeed had a mega rant.
I have likely emboldened their continued poor behaviours to a degree..
Although am uncertain if they came to the party with customers, in other instances of sketchiness, as they have here & eventually after too much imo bs righted the wrong.
One wonders if our collective actions, especially the external escalations, helped them finally see some reason and is why they finally did the right thing?
Will this be a marked difference for their future sales? Who knows..
Yet i will absolutely take your comment on the chin. As the lure of the device, at an excellent price, is what sent me down this emotional rabbit hole come roller coster in 1st place. Will i look to their site for a purchase again after all this though no
Hopefully my many emails to them and our collective ACCC/Fair Trading contact has sharpened their ideals a bit & ppl will see less of this in future tradings 🙏🏻
@LV-426: @LV-426
Yours ship yet?
In the order history for me; it shows "We're running slightly behind but you can expect to hear from us soon!"
Here we go again…
@mightyhawks23: @mightyhawks23 nope not yet. yes, just logged into mine today and have the same message o_O
I admittedly decided on taking the plunge a bit after you [and other folks] so knew i wasn't going to make the 26Jan slot - think mine said 2feb or thereabouts.. really bl**dy well hope it's not here we go again!? - i cant go any balder than i already am! :D
@LV-426: I replied back to the old ticket - they said will get back to me by Tuesday
I'm not holding my breath
@mightyhawks23: It's pushed back once again to Feb 14th……it's the 3rd time they have pushed the date back. If it doesn't come this time I will be cancelling as current phone is on its last legs and has been since I ordered in December lol
@[Deactivated]: They did reply today - I'll give them that
Said checking warehouse and will update again tomorrow (assume with your 14th Feb date)
@[Deactivated]: hahaha i just got 17/2 as new shipping date
Had enough - going to cancel
Jerked around since mid December
edit: 20 mins later
I'm totally confused now - maybe I'll hold off cancelling and see what shows up
The following items have now been shipped:
OnePlus 7T Pro (12GB RAM 256GB McLaren Edition) - Global Model
Kogan 18W USB Wall Charger with Quick Charge QC 3.0
Other items in this order shipped separately:
1x Kogan Mobile SIM - Prepaid Starter Pack Shipped
@mightyhawks23: I fired off a feisty review/survey for them earlier this afternoon, somebody behind the screens probably had an eyeful of me recounting how us get burned. Still not holding my breathe until I have the actual thing in my hands to close this saga
@[Deactivated]: It was a fair bit longer with comprehensive description on the major pain points. Kogan only posted the tail end of the whole piece
@mightyhawks23: Also received same emails. Seems like its finally on its way, not sure what the first email was about though. They also gave me a 20 dollar voucher to use on Kogan. The product page is now showing 'ships in 1-2 days' so this nightmare may be over.
@mightyhawks23: Just got notification mine has been delivered… and I've popped into the office of all days
Let's see if they've sent a box of bricks when I get back :)
@mightyhawks23: Picked up this afternoon lunch time from AusPost.
They sent a HD1925 model, this is a T-mobile 7T Pro 5G edition
The upside is, you have Band 28 support; then
on the downside, the 5G band is US-only, not applicable here in Oz, and
this is single-sim model only
Down the road concern is the OxygenOS update speed as this T-mobile version is tied to T-mobile continuing signing off for future updates. Oxygen Updater will tell you the phone is carrier-bounded
@frkino: Replied back to the ticket and re-escalated
Thanks for the info about the future updates
What's your plans? Going to return it?
@mightyhawks23: In solidarity with you and the remaining few OzB-er here, Imma respond to the ticket to re-open mine.
T-mobile OxygenOS is the main concern here for me because update speed is going to be bound by T-mobile signing off to ship. The OxygenUpdater app won't be any use.
This 5G model is exclusive to T-mobile and has an extra chip in it, quick google search shows flashing it across to the International ROM is troubled with much tinkering and maynot be be steady to rely on daily use.
@frkino: Wth!? Thankfully i took screenshots of what I ordered and expect to arrive. Wonder if they have done this to all the orders?
@LV-426: This is what I feared to be the case
There was a batch of 7T Pro 5G McLaren edition being released (as in, offloaded if you get what I meant) by T-mobile mid/late last because the first proper 5G gen phones arrived from the major Apple/Samsung, so T-mobile is retiring the 7T Pro 5G as launch partner with their US 5G network launch.
Then somewhere along the lines when Kogan lists the 7T Pro McLaren edition (International ROM) and went for a slice in this T-mobile batch. Could've been the reason that someone at Kogan picked up the nuance and triggered the mass-cancellation
So as we keep escalating to Kogan to ship, they shipped the T-mobile 7T Pro 5G.
I think ultimately I have to ask myself is,
is this T-mobile 7T Pro 5G still worth $749 to use here in Aus?
Quick price search for any (7T Pro 12GB ram) will show (still at the $1000 level,)
so this is still a bargain, with a few caveat. Just like how all the OnePlus bargains here is saturated with the India/China model discussions with B28 support
Spec-wise (also disregard the T-mobile boot screen reminding you OxygenOS update is bounded), the 7T Pro 5G is the highest spec SKU in the 7T production run, you lost the dual-sim to get 5G cmpatibility. I understand how someone may not want to make this compromise though
@frkino: Thanks muchly for the detailed info! :)
Wonder if that means all devices they ship will be of this variant then? As interestingly [not that we should be surprised really] they are then purposely/knowingly sending a device that is not the same as advertised, albeit a higher spec SKU, after all the sh*tstorm that transpired when they cancelled orders?! again yes, par for the course, yet still talk about poking the stick at some grumpy customers.
I will wait to see what i unwrap next week & take i from there.. As it stands, my main concern is, as you have stated, being bounded to T-Mobile. And how/when/what impact that has on updates for us down here..
The saga and roller-coaster of emotions looks to continue for a while yet it appears! gaaaahh :/
@LV-426: I responded to my tickets in solidarity with @mightyhawks23.
The T-mobile update thing is gnarly to me as well
My response highlights the lack of dual SIM support, and the fact Kogan shipped the T-mobile 5G version of the phone. It is a US T-mobile exclusive edition, therefore not an international model.
I extend my invite to you as well.
PM me if you want to exchange notes and/or see my interaction history with Kogan so we can collaborate on reaching our final goal. I will export/print my Gmail interactions for your reference :)
All the best and fingerscrossed when you pick up yours too
@frkino: delivered today = T-Mobile edition. With a damaged box nonetheless - wasn't even wrapped up in the stingy plastic bag they sent it with.
I haven't even opened it yet.. not sure i want to see it IRL as all my willpower may crumble!
@frkino: Standing strong and making them deliver the Global version
Gave them a blast quoting them back their Customer Charter
https://www.kogan.com/au/customer-charter/
"The ACL states that goods must match any descriptions provided"
Pointed out AGAIN the different models (dual sim and no 5G in the Global model vs 1 nano sim and 5G in the T-Mobile model)
and that I have no need for this single SIM model
@mightyhawks23: I completely see where you are coming from and I agree with your point.
I have responded to my ticket pointing out the lack of dual SIM support
And the fact that this T-mobile 5G version is a US T-mobile exclusive edition, therefore not an international model
PM me if you want to exchange notes and/or see my interaction history with Kogan so we can collaborate on reaching our final goal. I will export/print my Gmail interactions for your reference :)
The T-mobile update thing is gnarly to me as well
@mightyhawks23: Update: Kogan got back to me in the past hour:
Thanks for your email.
I am sorry to hear that you have received the incorrect item, I realise that this must be frustrating.
So that we can resolve this as soon as possible, can you please provide the following:
Photos of the courier labels on the package you have received. In particular, any details on the label that aren't your own.
Photos of the item you have received and any information you can provide as to how this differs from the item you were supposed to receive.
You can attach any images in your reply email provided they are less than 15MB in total.
Once you have replied confirming these details, you will be sent an email containing some return instructions. You will not have to pay postage or handling fees to return the item to us.
Once we receive the item it will be checked into our system and you will be notified via email. Following this, we can arrange for the correct item to be sent out to My Postal Address.
Please let me know if you’re happy to proceed with a return and replacement as outlined so that I can make the necessary arrangements.
You can find some more general information about our returns process here.
Please let me know if you have any questions throughout this return.
So I've already sent them the T-mobile 1.boot + 2.shutdown screen , and the 3. front + 4. back of the single sim card tray
I understand they want proof & evidence, so I will comply;
but I'm not happy that they are not advancing the return after such a long delay.
Also, side-stepping whether they actually have the International model stock avaialble. I will be pressing them on the replacement ETA first, then sending me the international model with a reply paid envelop to return.
@frkino: I didn't even realise these issues as i didn't purchase for 5g or dual sim capabilities. I have been using the phone and it is a seriously beautiful phone, im not sure i will bother with the whole refunding process as this phone for $749 is an amazing price. Easily the best phone and android software i have used.
@LV-426: Yeah it's got the T-Mobile boot screen. A bit annoyed about the possibility of delayed updates to Oxygen 11 but besides that I'm not too fussed at this price point for this phone. I won't find a phone this good for $750 and CBF with Kogan and refunding it.
@frkino: It's a wrap… they finally conceded it's a different model which they can't deliver
Basically, they will refund and send out how to return the phone to them once I send some photos to confirm the condition of the phone
@mightyhawks23: GAHH!! insert expletives here
What a kick in the nuts.. now [knowing that they have conceded] even if the 3 of us all joined up - doesn't look like it will change the outcome..
so now what what do I actually do :(
Not that any of this is funny - yet I did have a mini bit of chuckle to myself when they mentioned 'photos to confirm the condition of the phone'.. o_O
What are they expecting? the pent up rage/annoyance of this ****ery finally gets to somebody and the device is smashed into smithereens?!
well..In a perfect ca$h full world - i gotta say it would be pretty sweet to do so and send that in as a reflection of the last 2.5 months of service..
yet back to reality - it's now a what to do decision sigh
@mightyhawks23: The fun continues.. 😶
Same emails here too Wednesday arvo al around same time.
I’ve already had my ozpost account updated for delivery this week so will see what arrives 🤞
@LV-426: What a joke this has been.
So at $750, can the T-Mobile version be bought here any cheaper than that? I see it at $899 in a few places.
Can you unlock the bootloader and flash to the International version, or is it stuck with T-Mobile branding and delayed updates?
Also completely no email notification about the phone being cancelled, except the ticket I lodged.
I asked the matter to be escalated higher to a manager, and only received another response re: shipping fee
Hi,
Your $9.99 shipping refund has been arranged and will be processed shortly.
The funds may take 3 - 5 business days to show up in your account, depending on bank transfer times.
You will receive an automated email notification once your refund has been processed.
Thank you for choosing to shop with us and please let us know if you have any further questions or concerns.
Kindest regards,Nandhu J
Customer Care Team
Completely dodged my questions on cancelling & re-listing instantaneously with a price hike.
Really don't care about the phone, but needed an answer, or a learning experience for future episode. I treat this as an opportunity
Waiting for ACCC & Consumer Affairs Victoria response on my queries
Kogan set up outside Australia originally to avoid charging GST. They are likely immune from the ACCC.
Personally I have not purchased deals because they were sold by Kogan, they have a terrible attitude towards customers. I would rather buy from Aliexpress.
Unfortunately, it just got more dodgy with their customer rep's latest response:
I understand how frustrating this situation must be for you as I would feel the same if I were in your position.
At this stage, I can confirm that this item was cancelled due to the fact that we did not have the right amount of stock.
I apologise for any inconvenience this has caused, please know that this was not our intention.
The item was still available on the website, though with a new pre-sale date of 26th of January, 2021:
We will be able to provide free shipping for the order if you are wanting to place a new one.
[Current $999 listing price attached]
Please let me know how you wish to proceed and I will be happy to assist you further.
So Kogan are offering free shipping if I:
1. accept the delay, and
2. pay the higher price
I didn't cancel the order in the first place (!) The money was taken for 3 weeks.
Is there no end to this madness ? I'm blown away by this reponse
Open up a second ticket, wait for their first reply (which will be useless), then ask to escalate it to a supervisor.
OK so the phone has arrived
However; they have sent the OnePlus 7T Pro 5G McLaren Edition (T-Mobile) edition with the single SIM
Not the Global Edition with dual sim….
OMG - seriously what is wrong with these guys
Back to the ticket we go
fkn kogan lol
it is like they are deliberately trying to mess with ppls emotions!
I have just given up and am dealing with the crappy T-Mobile phone. Which btw now you have to rely on T-Mobile to release their version of Android 11 not oneplus as the 5G is a custom hardware that none of the other 7T Pro models have. Useless
This is exactly my worry.
Because for T-mobile to drive new phones & plan subscriptions, it is not in the T-mobile's interest to stay current & provide the latest feature/OS update. Bear in mind, this phone is already on its way out with the new gen of 5G phones.
The carrier needs to drive sales and ARPU for their balance sheet too. Service/experience deterioration delivers for the carrier. It's like you manufacturer a problem then offer new sale to solve the problem
Just stop buying from Kogan.
That’s the best lesson you can teach them.
Yeah complete mess. I actually gave them another shot with a vacuum that was also on pre-sale.
I thought surely they couldn't mess me around again….. I was wrong.
Unfortunately I used a $100 prezzie gift card voucher, and now I have $100 worth of credits I can only use with kogan since I originally redeemed it with them to buy the phone.
Kogan pre-sale's need to be banned from ozb.
Just turned my new phone on. Yep, it's a T-Mobile Edition. Not happy Jan! And no, I won't be buying from Kogan ever again.
They never had any Global stock, and the page is still up. No doubt they're leaving it up, as not everyone would notice it's the T-Mobile (which would be hard to do, as there's a logo and stickers on the box), or care enough to send back.
It doesn't sound great, but really how is it any different to retailers advertising incorrect pricing then cancelling orders as we see so often here? If they haven't shipped it, I guess they have the right to cancel and not fulfil it.
My feeling is the law should reflect that if they charge your payment method, incorrect price or otherwise, it should be a done deal and they are held accountable to it.