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Topic # 59623 8-Apr-2010 09:59
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I am after a product for my PC, needed for my course.

Found it online, a particular site had it in stock, at good price, so I bought it.

2 days later no charge on c/c, no parcel arrived, no correspondence apart from automated "we received your order email", so I chased it up by email.

Was told sorry we though it was in stock, but it is not, so if your happy to wait a week we will backorder it. I agreed to wait. They backordered it, updated online info that only I read when I log in to say as discussed this is backordered and will be dispached when it arrives. They sent email to same effect. Then charged my credit card.

Then an hour later came back and said, oh sorry but our supplier has put the price up, so we are not going to supply it to you.

Their terms and conditions back me up in every way, saying in summary once they accept order then charge me for it, there is a legal binding contract to supply at the agreed price.

I might add 2 useful pieces of information:
- The price went up, and was visible on their site, the day (as in before the time) I contacted them about what was going on.
-They say the item is not in stock, yet this entire time their website still says it in stock.

As they do not want to play ball, and its been 1 week now and they have my money, I wrote complaint to commerce commission, but they said (automated):

Acknowledgement of correspondence
Thank you for your email. The information you have provided will be recorded in our database. We will contact you within two months if we intend to pursue your issue further. In the meantime, please keep any evidence you may have. Please note that the Commission does not seek redress on behalf of individual consumers/businesses.

So what am I meant to do to get some action, seen that option is not going to work?
All I want it my item, and preferably soon as my course starts next week.

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  Reply # 316072 8-Apr-2010 10:14
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easy shop with your feet and walk away from the deal, make sure they credit you cc back; but otherwise just go to another store, sure they might have had it cheaper, but is the hassle and time invested in pursuing their cheaper price really worth the effort.



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  Reply # 316074 8-Apr-2010 10:21
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Ring the bank / credit card company and get the charge reversed and buy it from somewhere else?

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  Reply # 316078 8-Apr-2010 10:26
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http://www.comcom.govt.nz/FairTrading/TradePracticesCoveredbytheFairTradingAct/falseormisleadingadve...

Availability of goods

Quote that to them.... might get some action...

They shouldnt have "In stock" on their site if its not....  wouldnt happen to be a certain "zone" shop in penrose is it ?




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  Reply # 316079 8-Apr-2010 10:27
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If they are listed on pricespy then give then a negative review.

I think its a criteria for a bad review when their site says they have items in stock when they dont - and to make it worse they have mucked you about.




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  Reply # 316105 8-Apr-2010 10:54
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Firstly I'd contact your bank as soon as possible and tell them the story, they should reverse charge it and you'll get your money back. They sometimes have conditions that it has to be within 30 days so don't wait too long. I always pay with my credit card, with situations like this it makes it much easier to get your money back. When C1Com went under with $800 of my money I rang my bank and they reversed the charges, all the people who paid by direct debit got burnt.

As freitasm mentioned the proper process is to go through small claims, it's a slow process and you'll start off in mediation first (I did a bit of research on it when the C1Com thing happened). Just getting your bank to deal with it is seriously your easiest option, then go buy the part from a better store.

I'd also write a review of the store here - it helps other people avoid getting burnt. I now only buy from stores with 4 stars or above and I have had opposite experiences to yours, recently I bought a new computer (in parts), Computer Lounge didn't have the PSU I ordered in stock so they sent me the bigger model for the same price (worth $80 more).

Unfortunately down in Christchurch we don't have any decent (well priced) computer stores to walk into to buy stuff so I do all my parts shopping online. You might pay a little bit more for the better rated stores but you usually get what you pay for.

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  Reply # 316123 8-Apr-2010 11:14
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xpd: http://www.comcom.govt.nz/FairTrading/TradePracticesCoveredbytheFairTradingAct/falseormisleadingadve...

Availability of goods

Quote that to them.... might get some action...

They shouldnt have "In stock" on their site if its not....  wouldnt happen to be a certain "zone" shop in penrose is it ?


Traders are allowed to claim a mistake has been made over pricing. They are only in trouble if they consistently make "mistakes".

"in stock" on a web site means that they are just 1 of several hundred sites advertising the same 3 or 4 items :) Some sites are better than others at getting individual  orders in with the wholesaler rather than doing a batch order.



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  Reply # 316127 8-Apr-2010 11:16
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xpd: http://www.comcom.govt.nz/FairTrading/TradePracticesCoveredbytheFairTradingAct/falseormisleadingadve...

Availability of goods

Quote that to them.... might get some action...

They shouldnt have "In stock" on their site if its not....? wouldnt happen to be a certain "zone" shop in penrose is it ?


Brought it to their attention I had in fact, sought legal advice, and they brushed it off by just repeating their previous email.

Not the place your referring to.

I said to them, if the item is genuinely out of stock, then how come you have not amended your stock levels? They didn't, and still haven't amended it. Seems dodgy when it says "in stock now for quick delivery" (When they said backorder would take a week).

To be fair they have offered a refund, but yet have not just gone ahead and done so, enen though it has been a week and they refuse to send it, and I don't really know why, perhaps they are hoping I'll offer the pay the rest so that they send the item at the new, double the original price?



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  Reply # 316135 8-Apr-2010 11:25
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Bung: Traders are allowed to claim a mistake has been made over pricing. They are only in trouble if they consistently make "mistakes".


In this case they have not argued a pricing error has occured, ie the price was correct at the time I placed the order, they are arguing the price for new replacement stock for them has increased over the previous price they were selling it for, between me ordering it off them, and them 2 days later ordering off their supplier.

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  Reply # 316141 8-Apr-2010 11:40
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IlDuce:
Bung: Traders are allowed to claim a mistake has been made over pricing. They are only in trouble if they consistently make "mistakes".


In this case they have not argued a pricing error has occured, ie the price was correct at the time I placed the order, they are arguing the price for new replacement stock for them has increased over the previous price they were selling it for, between me ordering it off them, and them 2 days later ordering off their supplier.


This is Ascent's policy

"We endeavour to keep our prices up-to-date. On any given day dozens of prices may change. Some will go up and some will go down, although most will remain unchanged. The price listed at the time you place the order is the price you will pay (obvious errors excepted). If the price drops after we have shipped the goods to you we are not in a position to offer you the goods at the new price. This is because we will have purchased the goods at a higher price ourselves. If the price drops after you place your order but before we ship the goods to you, then you will only be charged the new lower price."

AFAIK most of these sites rely on the wholesaler updating the availabilty/price details. If the retailer has to pay more then you have to pay more. What is the item? You probably have a fair idea how the price compares with the current market.

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