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Why don't you raise it to them, maybe a genuine error, but worth finding out from the horses mouth first.
Interested in views here. Bought a Breitling B55 Exospace from them on Tuesday night, advertised with 40% off and further 10% if you signed up to their mailing list.
Done the business, paid via Amex, confirmation email received and money taken from my card.
Goes quiet for a couple of days, no confirmation of despatch until this morning when I get an email telling me my payment has been refunded, no explanation or apology, just a bland email.
Go back into their sales page, same Breitling is there, now priced at 30% off, 1 available, there were 2 when I bought mine...wonders whos that might be!
Absolutely disgraceful and I’m wondering if any recourse on this, I’m probably going to trading standards as it’s such unprofessional behaviour...more annoyed I’m not getting the watch?!
Rest of thread outlines what happened, but successfully purchased a Breitling Avenger Hurricane 45mm 12H. Intervention of Edward, the owner of Burrells was perfect and the buying experience after that was first class.
Wouldn’t hesitate to purchase from them again, negative experiences that end in positive outcomes are to be applauded.
Title of topic amended accordingly
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Last edited by peterdo; 26th April 2020 at 12:46. Reason: Positive outcome
Why don't you raise it to them, maybe a genuine error, but worth finding out from the horses mouth first.
"Items ordered online are reserved with money taken from your account. Once the item has been located the order will be completed. If the item can not be located the order will be closed and money returned"
Good thing here is that they took the money from you (check that they actually have taken it from your card and just didn't place a hold). That means they have entered into a contract. if they didn't have the watch in stock due to some software issues or similar then they can justify that, but if theyre still showing in stock and selling them, id be on the phone and asking them to fulfil the order at the original price you paid.
make sure you take screen shots to back up your case.
This doesn’t apply to online transactions, there’s no contract until the item is despatched, to allow for genuine pricing errors.Originally Posted by Estoril-5
This is poor form from Burrell’s nonetheless, they should honour the price out of goodwill,
legally speaking as mentioned above there is no case.
I didn't realise that, I thought once they take the money it done and dusted. every day is a school day
I think that if they took your money then a contract exists.
Although I’m sorry for your frustration it may be a blessing. I love the B55, I really do, but I also would worry about it being over-complex and with servicing and repair Breitling only, quite a financial risk. This is why I have an Aerospace instead
Dave
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However, their T&Cs state that the contract is formed at the point that they send out the acceptance email, so the OP has a contract with them
"We will send you a confirmation email. It will confirm which goods you have ordered. This email constitutes a formal acceptance of your order by us. This also means that a contract between us is agreed and we are obliged to fulfil our obligations under this contract."
Their terms also account for pricing errors, and they will do this prior to sending out the formal acceptance
"we will not accept your order if: there is an error on our website regarding the price or other details of the goods"
They sent out the confirmation, so it is not a pricing error, and a contract exists. They'd then be relying on an argument that it is due to lack of stock
"Items ordered online are reserved with money taken from your account. Once the item has been located the order will be completed. If the item can not be located the order will be closed and money returned""
The completion refers to the performance of the contract, not the creation of a contract. So as long as the item is genuinely not in stock, then legally they're in the clear.
Last edited by hafle; 10th April 2020 at 13:09.
I would've expected the OP to get on the phone and ask for an explanation, probably a better use of his time than posting on here and more likely to get a successful outcome. Having posted this on a public forum it could be argued that he’s reduced his chances of getting any goodwill from the seller.
As I understand it, when an item is advertised for sale at a given price, the trader is legally ‘inviting’ the buyer to offer the quoted amount, the seller can refuse the offer without giving an explanation. That’s how it works in a shop, I’d expect the principle applies to on- line selling too.
Possibly the advert was a mistake?
This was the reply...
This is nonsense, another TZr bought the other one and it showed one after I posted the heads up, then it was removed as sold out.
We will see what local trading standards have to say about it, wouldn’t have been half as bad if they hadn’t relisted it for £1k more than I paid!
The amount was taken from my card and I have an order confirmation, as far as I am concerned, I bought that watch at that price.
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I'd probably not do on-line business with them on the strength of this single posting.
How sad that they are apparently prepared to risk their reputation over a single error on their part.
I am also reminded that half a loaf is better than no bread.
Their terms of contract would also appear to contradict each other. Either they have the item they are offering or they don't. If they don't and they are going to search for the item for you and obtain it on your behalf it should be made clear.
While I fully accept that the supply of some watches is difficult and there may be many people chasing their "grail" watch that does not quite chime with a massive discount being offered.
Last edited by aldfort; 10th April 2020 at 13:34.
Don’t need to, another TZ member bought the second watch, phoned them in the Wednesday and they confirmed all good.
He PMd me this morning to confirm his was cancelled as well.
Amazing that the oversubscribed watch was up in the website at a higher price as well.....
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I think it does. Your card is only meant to be charged on dispatch, not on order. Whenever I order something online I always get an order confirmation email and then later on an Amex charge notification with a dispatch email later on.
Works this way for me consistently with Apple, John Lewis, Amazon etc. Although when paying through PayPal at some places they charge up front but I think they have to.
Just depends on what the shops terms and conditions are.
There is a difference between money taken (shows on hold and reduces the available balance) and the transaction settled and actually debited.
It’s all irrelevant now, the firm says it was ‘out of stock’ and they have a get out.
The minimum requirements for firms based on the distance selling regs means funds pending does not form part of the contract, only a dispatch note does.
It’s not a pending transaction, the funds have been settled on my Amex
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I just had a cancellation/refund email come through this morning for a pen I purchased. Same as the OP, no explanation for the cancellation. The funds were also processed on my card.
Poor form from Burrells. Seems like the reviews online hasn't been great either.
One thing I noticed was you were not supposed to get the 10% on sale items but it was allowing it for a while.
Much like the recent WOS mistake with the Speedy, I wonder if they spotted it and have cancelled all transactions where the 10% sign up was applied to a reduced item.
agreed. I think you dodged a bullet. It’s the only Breitling that failed on me, and again failed after repair - at which point Breitling kindly offered a replacement from any of their range to the same value. Needless to say I went mechanical!
As an aside, has Breitling quietly dropped the standard Aerospace? It’s still on their website but seems to have gone out of stock almost everywhere.
To be fair, if they emailed me and said it was without the extra 10% I would have still bought it, but they then listed it with a 30% discount instead of the 40%, that leaves a bad taste.
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They’ll be telling you there was a massive glut of orders on the pen, so had to cancel yours
Amateur hour customer service
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I was wondering this. Haven’t seen one in a shop display for ages.
Guess I'll get the same email then, I am convinced it was down to adding the 10% to the already discounted prices, it worked, then it didn't, then it worked on some sale items, then nothing.
My order said 5 days, so I ill see if they cancel.
Poor form perhaps post on a few more forums for good measure. That’ll teach them !
This is true. There is no legal recourse.
Poor form from Burrells, but I doubt you will get anywhere.
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I believe they have. There are only a few pieces left on their website. Been waiting for Breitling to announce a replacement as it would be mad for them to discontinue such a popular piece without nothing to replace it.
This is based on conversations with my AD.
OP Did you receive this email from Shopify??
WHAT HAPPENS NEXT
Step One
Confirmation of your order.
Step One
This email confirms your order has been received by Burrells.
Step Two
Processing your order.
Step Two
Your order will be picked and carefully packaged ready for dispatch. If we need to source your order, we will be sure to email you to let you know.
Step Three
Despatch of your order.
Step Two
You will receive another email to confirm the dispatch of your order, including a tracking number where applicable.
Step Four
Arrival of your order.
Step Three
Your order will be delivered by Royal Mail and will require a signature upon arrival.
Your delivery time will depend on the delivery you have selected at checkout.
Yep, but straight from Burrells. When I read up on that process, the reason for step 2 was in case it was in one of their branches.
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At the end of the day it will depend on when Burrells has entered into a contact with you or not.
Gather all the evidence you have and speak with Citizens Advice if you feel you have a case.
Then wonder why you are wasting the time of someone at Citizen's Advice when they rushed off their feet dealing with people who cannot pay their rent or employers have suddenly stopped paying them (a Friend works for CA they have never been so busy).
Sound advice smithee. They're not just there to deal with late rent payers or late wages are they ? No.
In normal times no - but during a global pandemic and what appears to be a global depression - if you think "I ordered a £5000 watch and they did not send it and they refunded my money and my actual loss is zero" is what you think an adviser should be tying up their time with - I don't know what to say to you?
Surely if you spend that on a watch you can afford a solicitor.
Retailers do this all the time
I think the fact they lied has made the situation worse, they could have just said it was a price mistake. If I were in your shoes I might write a stern email to Senior Management and explain how unhappy you are, perhaps mentioning that you are active on many watch forums and groups etc.
If that failed I would give Up
Chalk it up to experience, and move on.
Don't just do something, sit there. - TNH
This ^^^^^^
"Once is happenstance. Twice is coincidence. The third time it's enemy action."
'Populism, the last refuge of a Tory scoundrel'.
And feel your blood pressure return to normal level. There are other vendors of these.
I'd be annoyed at first that I lost out on a good deal, then soon after gain some perspective that I haven't lost any money and there are a lot worse things that could be happening to me right now. There are people putting their lives on the line for the sake of others and most of those people will never be able to afford a £4k-£6k watch. So although what's happened is annoying and fine to rant about on a watch forum, right now, who really gives a ****!
After reading the thread I am standing by for the cancellation email.
I did the same as many of you - put the 10% code in on top of the sale price; this was for the Railmaster. I used Paypal, not sure if that will have any bearing at all?
The advert for the watch is an invitation to treat. They do not have to accept your offer, the same as a shop window display.
When you clicked purchase the watch, you now become the offeror and the shop the offeree. You are still not in a contract at this stage.
Silence very rarely constitutes acceptance. Therefore you are not in a contract and the vendor is free to sell to whom ever they please. If the shop confirmed your order, then you have a contact and will have a case for damages. If you received no email after your offer to buy , then you do not have a leg to stand on. Emailing them for a good will gesture is your best course, citizens advice will offer you nothing.
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Purchase made, order confirmation received, funds deducted from my credit card and settled I.e.not pending, item refunded with no explanation, item relisted at £1,000 more than my purchase.
Awful conduct for a retail business, made worse by the lies told when challenged.
Ah well, at least I haven’t lost anything, will keep the cash in my pocket for now and see what comes up on SC or the inevitable sales with a professional outlet
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This seems to be the key point here. One of those things that's worth a shot but you expect there's a good chance of it not being honoured.
It would seem they’ve made a pricing error , realised what they’ve done and stopped any sales at that price.
It’s not really a life changing situation for those who have “ missed out “ , likewise it’s hardly the end of the world for the retailer if a few punters vent their anger on a forum for watch enthusiasts.
Mistakes happen from time to time , no one has benefited or in fact lost out either , time for you all to move on.
Poor form indeed Peter and form that will cost them future business from some on here I’m sure. At least you’re looking at it in the right way and moving on. I’m sure you’ll find something soon.
I would have no problem with them cancelling, refunding and explaining it was a price mistake, I’d be annoyed in the case of the OPs situation where they said it was because too many people ordered when it was actually a price mistake.
I'd be annoyed at first that I lost out on a good deal, then soon after gain some perspective that I haven't lost any money and there are a lot worse things that could be happening to me right now. There are people putting their lives on the line for the sake of others and most of those people will never be able to afford a £4k-£6k watch. So although what's happened is annoying and fine to rant about on a watch forum, right now, who really gives a ****!
I agree, can’t imagine it’s an easy environment for them at the mo and that the business may be struggling to survive. I would be annoyed too but given what’s going on would probably understand.
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To be honest, having read the whole thread, I’m not sure if Burrells behaviour really is disgraceful. However, thanks for the heads up and the timely reminder that if something seems too good to be true....
I’m pleased the OP has decided to chalk this up to experience and move on. There’s so much worse happening with the world right now, that there’s little point in getting worked up about things like this.
Hope you enjoy spending the cash saved on something else.
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Got the call today, my watch is actually being shipped today!
a week after ordering I was a bit dubious myself
Congrats! What did you pick up?
Tell me it was an Exospace and I’m blocking you!!
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