Hi All,
I just bought a case of 12 of wine from VINOMOFO, 5 minutes after received the invoice in ym email, they sent me another email saying my order will be refunded without stating the reason. I went back to their website and found that they have changed the case of 12 to case of 6 for the same price!
I got the website printed out (that said case of 12) and my invoice the sent. What should I do? Will I be charge the price for case of 6 instead of 12?
Sorry, they didn't mention my order will be canceled, just said it will be refunded, my fault.
Contact them if you're concerned. Sounds like it was a pricing error.
i could think if they are refunding you that mean's they are not going to send anything
If they have taken your money, sent a confirmation e-mail, then in my humble opinion technically there is a contract and you can ask for specific performance instead of a refund (THIS IS NOT PROFESSIONAL LEGAL ADVICE - only a solicitor cn provide that - however you can look up the law of contract in Australia in any basic textbook - see invitation to treat, offer, acceptance, specific performance). You will have to call them, talk to a manager (somebody who can decide something and actually understands that there is a binding contract) and then normally they should honour the contract. If they don't you could just accept that, put it in wiritng to the boss, or sue them to make a point.
For me, setting out the issues on the phone and/or in a letter has worked every time although I know that many people cannot be bothered. Your choice.
or you could just get over it.
No offence to Gallifrey, whose approach is most likely legally valid.
But if you can cope, my best advice is to get over it. Mistakes are made.
True story. I was diagnosed with bowel cancer in the last few years. I've had operations and treatment, and am now fixed (in remission). At one of my review appointments, a CT scan or MRI was taken. I was called in early the next morning, and I was told that I had terminal liver cancer (3 to 6 months to live). I was upset (of course), and got a second opinion after lunch that day, where I was told that the first people had made a mistake. Should I sue the first people, get even more upset over the way I was "treated"? Or should I accept that mistakes were made, and move on.
I chose the latter.
/end rant
Specific performance is generally only available where monetary compensation is not suitable, in which case it is.
Ultimately, there was a pricing error and they did the correct thing by refunding immediately. If the OP chose to sue over it the court would laugh as there was a refund, the OP wasn't relying on the performance to their detriment and the refund happened as soon as reasonably possible.
I wouldn't sue for this, or most other things. (people really have no idea what is involved when you go to court. Discovery is a nightmare, an expensive nightmare.)
But, I am wondering, SirFibbled, if one did take this to court, if the monetary damages would be the difference between what the "contract" price was and the price at which the wine could be purchased elsewhere.
I am getting really irritated at the imbalance of "rights" when dealing with these service companies. If you miss an appointment or if you are late to one, you are penalised. You are often told you have no right to change your appointment. Yet, I have had a couple of instances where the business stuffed up and didn't call me to cancel, so I have taken time out of my day and have arranged transport to attend an appointment that no longer existed. I have numerous instances where I arrive on time for an appointment only to wait a very long time. If I stuff up or don't perform, I am screwed. The business still gets their money, regardless of whether they do the work or not if it is my fault. They are "compensated" and left in the same or better position if I stuff up. If they don't perform by cancelling at the last minute (when I am not allowed to do likewise) or are late, I am robbed of my time and the money it took to arrive at the appointment.
I think that these imbalances are, or should be, against consumer law. What do you reckon?
I doubt you'd even get that far. While technically in this case there is a breach of contract you'd be technically right. But if it's an honest pricing mistake the ACL protects the seller and a refund is a sufficient remedy. They offered it quickly and reasonably and I doubt a court would even think otherwise. Besides, you'd have to show you mitigated your losses, which with a refund you don't have.
Technically what you're also describing can be claimed as a breach of contract, should you be able to show that there were implied terms to that affect. That being said, the counter argument with them running late etc, is that this is a perfectly reasonable part of their business and at times they do run late. As for them cancelling, they would need to offer you another appointment in leiu of the one they cancelled and a failure to do so would be a breach of contract.
Thanks Sir Fibbled,
In regards to cancelled appointments. If i am a no show, I lose everything I paid for the appointment and they provide nothing. They may even save on materials or be able to service walk in trade.
If the business cancels on me, they still lose nothing, whereas I have lost time and money to get to the appointment. There is no real penalty for them stuffing up in ths manner. A new appointment does not get me back to where I was before. I think consumer law should address this. The power and penalties are not balanced.
Well, that is not quite correct. One has a choice - I have done this successfully with quite a few companies that did not honour their offers (some of them posted here) and simply wanted to refund. Also, one can always argue that it was for a birthday and hence another opportunity was wasted. Furthermore, votefoten is right - one could demand the difference between the offer price and the price one has to pay now.
But of course, there are more important things in the world so I think shmahoo's advice is probably the best advice.
Except to do so would cost going to small claims court and would remove any advantage you'd gain.
Mind you it also comes down to a question of whether a contract was formed etc. I know plenty of sites which now state in the T&Cs that a contract is not formed until performance.
Just for future reference. Companies can and actually do write in their terms and conditions what is good for them. That does not mean it is actually valid. I have actually filed suit against four big massive international companies over this and they settled before the case was heard as if there had been a judgment they would have had to pay to hundreds of thousands if not millions of customer - with a settlement they just have to pay me and no precedent is set.
Do not believe everything companies write in their terms and conditions. Do not be a lemming! :-)
Yes Gallifey, I am considering making a complaint to the ACCC over these T&Cs. They are often, in many respects unlawful and would fall down in court. To continue to assert things that go against statutory protections is unlawful. Just like some of these dodgy shops that have signs saying "No refunds". It is unlawful for them to display such a sign as it seeks to strip the consumer of rights that can not be taken away.
Good on you voteoften. The more people do that they faster we will see these companies stop those unlawful practices. It is time not to put up with the s..t the companies throw at us anymore.
Shmahoo.I am a nurse,and i swear….YOU ARE ONE IN A MILLION.If the rest of the public was as insightful,intelligent AND JUST PLAIN DECENT as you are….myself and 1000,s of other,s of my ex-colleagues would still be in the industry (WE ARE SICK OF THE ABUSE,THREATS,VIOLENCE,UNSUSTAINABLE STRESS LEVELS AND CRAP MONEY TO HAVE TO COP THESE CONDITIONS…SO WE LEAVE AND GET MENIAL,STRESS-LESS JOBS). Too many want to blame,transfer their anger to us angels on earth and just be PLAIN A-HOLES,when stuff that happens…..HAPPENS.More should accept as you do,build a bridge and "get over it " (as you and i know,few can cope with that level of reality though )END RANT.
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