Website with No Terms or Conditions Cancelled My Order

L2wen on 07/06/2022 - 23:27

I recently purchased an item online that is roughly half price for a preordered item. After several days of placing the order it has been cancelled with the owner of the site claiming it was a result of their ecommerce software malfunctioning. This website has no terms and conditions section so my question is can they cancel my order or because they don't have that on their site do they have to sell at the error price?
Their website only has information regarding pre-release items being delayed, a returns policy and a privacy policy regarding storing personal information.

Any input would be great.

General Discussion

Comments

  • jv on 07/06/2022 - 23:31
    +2

    do they have to sell at the error price?

    Nope…

    Look up the ACCC laws…

    It is only illegal if done deliberately.

    • Jimothy Wongingtons on 07/06/2022 - 23:54
      +3

      Welcome back btw @jv

      • jv on 07/06/2022 - 23:58
        +3

        Thanks, it was a long flight.

        • DoctorCalculon on 09/06/2022 - 01:09

          Where the hell were you all this time? ;-)

  • Hybroid on 07/06/2022 - 23:33
    +1

    There is no obligation to honour genuine errors. The only entitlement you have is getting a full refund.

    • USER DC on 07/06/2022 - 23:38

      that too we only get in original payment method, i.e. if promo credit, then refund to promo credit.

      just makes life hell

  • rektrading on 07/06/2022 - 23:34

    After several days of placing the order it has been cancelled with the owner of the site claiming it was a result of their ecommerce software malfunctioning.

    The suppliers can legally cancel orders that are out of their control.

  • scrimshaw on 07/06/2022 - 23:37
    +1

    This website has no terms and conditions section so my question is can they cancel my order or because they don't have that on their site do they have to sell at the error price?

    Retailers have the right to cancel your orders for any number of reasons, whether it's due to a price error, malfunctioning site, problems with logistics / postage etc

    See related Lifehacker post.

    If you want to go even deeper we can even discuss contract laws, but that would be going off on a tangent. The short answer is that

    a contract between two parties has to form during a sale – an offer and acceptance of that offer. If that offer has not been accepted by the retailer then they are still within their rights to explain to you that the pricing is in error and deny you that price.

    • Quantumcat on 07/06/2022 - 23:45

      If that offer has not been accepted by the retailer

      Posting a price on a website and taking payment for an order would surely constitute an offer by the retailer

      • jv on 08/06/2022 - 01:31

        The offer is when you want to make a purchase.

        And advertisement is not an offer.

        • TimOfEastBNE on 08/06/2022 - 02:24
          +5

          Correct, the advertisement is an invitation to treat and your attempt to buy is the offer for the retailer to then accept

          • Daabido on 08/06/2022 - 06:59
            +3

            @TimOfEastBNE: I see that you know your judo well.

            • Carbolic Smoke Ball Co
            • spal on 08/06/2022 - 08:21
              +1

              @Daabido: Reminds me of uni days haha!

    • 2wen on 08/06/2022 - 00:01
      -1

      The Lifehacker post relates to JBs terms and conditions. This site has none. This is why I'm not sure where I stand with the order.

  • 2wen on 07/06/2022 - 23:49
    -1

    On ordering i got an automated email saying "thankyou for your purchase!". Would that wording not suggest that it has been accepted or not as it's just an automated response?

  • sjj89 on 08/06/2022 - 00:04

    Is it an Australian business?

    • 2wen on 08/06/2022 - 00:07
      -1

      Yes it is

  • JoeBogan on 08/06/2022 - 00:54
    -5

    This is OPs first post, hasn't contributed anything yet. What is the cut off for members getting sarcastic comments and no real help?

    It seems theres no hard and fast rule.

    • [Deactivated] on 08/06/2022 - 10:40

      I don't know. But the response to your comment suggests that random gatekeeping isn't welcomed either.

      • JoeBogan on 08/06/2022 - 11:04

        Yeah I fully expected to be downvoted but this site seems to have a lot of immature individuals lol.

        • [Deactivated] on 08/06/2022 - 15:06

          Yup.

  • randomusername2017 on 08/06/2022 - 06:20

    This website has no terms and conditions

    So nothing preventing them from randomly cancelling orders?

  • payless69 on 08/06/2022 - 08:06

    Even Amazon uses mostly drop shippers.
    They just enforce actual shipping with greatest due diligence.
    Try Aliexpress for fun with chasing….

  • spal on 08/06/2022 - 08:24
    +2

    Website with prices too good to be true for per-release items, no terms and conditions. Anyone else think that the OP is lucky that they are getting their money back?

  • Seraphin7 on 08/06/2022 - 09:10
    +1

    We can go around and around on this … as we have many times … the order has been cancelled and that's the end of it.

    At any pragmatic level, you have no "legal" avenue to pursue to get the item at the reduced price.

  • solidussnake on 08/06/2022 - 10:43

    Here we go yet again 🥴 is it hard for people to google Aus Consumer law… It was a price error they refunded you the money, done…. is it legal yes .

  • Almost Banned on 08/06/2022 - 11:28

    Every answer above is really dancing around the issue - which is, did you have a complete contract?
    In order to answer that we need to know things like, did they confirm your purchase, did they take your money, did they do anything to confirm that the deal was done and you just needed to wait on delivery?
    The next issue is, what's the loss? If the difference in value is substantial, then it might be worth pursuing. If not - well…

    • 2wen on 09/06/2022 - 00:39

      They took the money, they then 3 days later reimbursed it. On purchasing I got an automated email thanking me for my purchase. The difference is about 50%

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