Dan Murphy's and Other Wine Deals

Re: Vinomofo Wine Deals

That's interesting that a vendor can unilaterally cancel an order under ACL - I find that rather surprising. That said ACL isn't contract law - you can't (in general) unilaterally cancel contracts, though I guess the T&Cs are accepted as part of the contract formation.


Lemeeseee… The Item is a normally stocked item ; they accept the order and reject final payment with a no stock notice.
ergo , the order and the price structure was ok.
So the Item remains in my cart as a validated and approved purchase unfulfilled because they ran out of stock (or pretended to)
I think that I will just email them and say ; happy to wait as it's a regular stock item , please advise when it is restocked and accept payment for the valid offer already accepted.
I everyone did that (and also added a footnote about publicising unconscionable business practices ) , it might force some honesty.

How about a new thread… orders rejected by CM to try to welch out on a marketing mistake… that might hurt….
 
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Re: Vinomofo Wine Deals

Lemeeseee… The Item is a normally stocked item ; they accept the order and reject final payment with a no stock notice.
ergo , the order and the price structure was ok.
So the Item remains in my cart as a validated and approved purchase unfulfilled because they ran out of stock (or pretended to)
I think that I will just email them and say ; happy to wait as it's a regular stock item , please advise when it is restocked and accept payment for the valid offer already accepted.
I everyone did that (and also added a footnote about publicising unconscionable business practices ) , it might force some honesty.

How about a new thread… orders rejected by CM to try to welch out on a marketing mistake… that might hurt….

Putting an item up on a shelf is merely an "invitation to treat" - it's not an offer per se.
I'm more concerned about the case where the shop has already taken your money, and then unilaterally cancels your contract afterwards. They've wasted your time, taken your money, and potentially induced you to take actions you wouldn't have otherwise (e.g. offering to supply the champagne to a party or wedding or something).
 
Re: Vinomofo Wine Deals

Putting an item up on a shelf is merely an "invitation to treat" - it's not an offer per se.
I'm more concerned about the case where the shop has already taken your money, and then unilaterally cancels your contract afterwards. They've wasted your time, taken your money, and potentially induced you to take actions you wouldn't have otherwise (e.g. offering to supply the champagne to a party or wedding or something).

It can depend on whether the mistake is a legitimate mistake versus them deciding they arent happy with the price. EG. I accidentally sold something in my online shop for $1. It retails for $22, wholesale is $12+gst. $1 is not a legitimate sale price and no one could argue that it was (all other identical items were still priced at $22). So I am within my right to refund the customer and cancel the order. But selling champagne for $35 is hard to argue as a mistake, as we often see prices around that level....and the fact that Veuve often become unavailable when there is a big discount around does not look favourable for them.
 
When you thought enough was enough... CM code still working this morning with Wynn's up. Michael at $78 after usual...picked up V&A shiraz at $32 so happy with that..
 
Re: Vinomofo Wine Deals

Upon Log in this morning , I see that the cart has been cleared.

I think this kind of behaviour stinks , but have more to do with my life than start a war with them.

I will just tell anyone and everyone that the org is dodgy and that there are better merchants around.
 
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Re: Vinomofo Wine Deals

Upon Log in this morning , I see that the cart has been cleared.

I think this kind of behaviour stinks , but have more to do with my life than start a war with them.

I will just tell anyone and everyone that the org is dodgy and that there are better merchants around.

Carts clearing overnight isnt unusual depending on the software used.
 
Re: Vinomofo Wine Deals

Putting an item up on a shelf is merely an "invitation to treat" - it's not an offer per se.
I'm more concerned about the case where the shop has already taken your money, and then unilaterally cancels your contract afterwards. They've wasted your time, taken your money, and potentially induced you to take actions you wouldn't have otherwise (e.g. offering to supply the champagne to a party or wedding or something).

They are honouring some/most orders, it's not like they are cancelling all orders across the board. Keep in mind that a loophole was posted and likely used on many orders when it was already showing out of stock (finding it at the bottom of the page in "people who view this wine also..." still allowed you to add and purchase.) I'm surprised that you feel that they are obligated to honour all orders when clearly additional orders were placed because of a quirky website loophole after it was already showing as out of stock.
 
Re: Vinomofo Wine Deals

I'm surprised that you feel that they are obligated to honour all orders when clearly additional orders were placed because of a quirky website loophole after it was already showing as out of stock.

Any decent system will check the stock level at the point when payment is taken.

In any case, quirky website/coding issues shouldn't be the consumer's problem - if the merchant takes your money, it should be the merchant's problem finding the stock. At that point, a contract for the supply of goods and services is formed between buyer and seller. Inability of a merchant to get their website working properly shouldn't be an excuse to void contracts, otherwise most contracts won't be worth the paper they're figuratively written on.

As a consumer, I might not even know that the product is supposedly "out of stock" - I might not even have looked at the product page, but simply clicked on the "recommended for you" picture, then happily checked out, being none the wiser.
 
Re: Vinomofo Wine Deals

Any decent system will check the stock level at the point when payment is taken.

In any case, quirky website/coding issues shouldn't be the consumer's problem - if the merchant takes your money, it should be the merchant's problem finding the stock. At that point, a contract for the supply of goods and services is formed between buyer and seller. Inability of a merchant to get their website working properly shouldn't be an excuse to void contracts, otherwise most contracts won't be worth the paper they're figuratively written on.

As a consumer, I might not even know that the product is supposedly "out of stock" - I might not even have looked at the product page, but simply clicked on the "recommended for you" picture, then happily checked out, being none the wiser.

We can all have opinions on how we think it *should* work, but you know what they say about opinions... Website errors aren't that uncommon across online vendors, and there is no legal obligation that prevents them from cancelling and refunding an order. If a vendor wants to still fulfill orders based on a website error as a goodwill gesture to their clients - then good on them. If you feel they have a legal obligation to do so, I'd love to hear how you go with the courts.
 
Re: Vinomofo Wine Deals

there is no legal obligation that prevents them from cancelling and refunding an order.
So, if you and I sign a contract, then there's nothing legally to stop me unilaterally cancelling the contract and just giving your money back? I don't remember anything like this when I studied Contract law.
 
Re: Vinomofo Wine Deals

So, if you and I sign a contract, then there's nothing legally to stop me unilaterally cancelling the contract and just giving your money back? I don't remember anything like this when I studied Contract law.

You are trying to lump signing a settlement contract on a property in the same category as pushing a 'buy' button on a website. Apples and oranges. If you disagree, then best of luck to you. :)
 
Re: Vinomofo Wine Deals

You are trying to lump signing a settlement contract on a property in the same category as pushing a 'buy' button on a website. Apples and oranges. If you disagree, then best of luck to you. :)

No - I'm talking about contracts in general. Are you saying that there's no contract when you buy some goods from a website? That the vendor is supplying on the basis of some kind of goodwill? On what basis is one an apple and one an orange?

Please stop trying to characterise what I'm saying, and just answer the question. Because it's a pretty fundamental point. If there's no contract, I should be able to cancel anything I commit to buying, because all I did was click "buy" on a website. And heck, QANTAS should be free to cancel the seats I bought on the plane, because all I did was click "buy" on a website - which I'm sure they'd do if they could find someone else to pay more for them.
 
Re: Vinomofo Wine Deals

Any decent system will check the stock level at the point when payment is taken.

In any case, quirky website/coding issues shouldn't be the consumer's problem - if the merchant takes your money, it should be the merchant's problem finding the stock. At that point, a contract for the supply of goods and services is formed between buyer and seller. Inability of a merchant to get their website working properly shouldn't be an excuse to void contracts, otherwise most contracts won't be worth the paper they're figuratively written on.

As a consumer, I might not even know that the product is supposedly "out of stock" - I might not even have looked at the product page, but simply clicked on the "recommended for you" picture, then happily checked out, being none the wiser.

As a matter of fact, the cellarmasters website does exactly this. I placed an order yesterday and when pressing "pay" received an out of stock message. One could argue that they should advertise it earlier than that point... however if they're now claiming that the order went through and afterwards "oops were put", then it doesn't really play given their system is designed to check this at POS.

That said, there's literally nothing you can do in this country without dragging them to court/tribunal. Fair Trading (NSW anyway) is a total waste of time.
 
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