Just so I'm understanding this correctly....
Some of you paid Garmin (let's say) £96 on christmas day for a solar instinct.
Yesterday, you got the email to announce they'd dropped a bollock and have cancelled your order.
Today, Garmin took another £96 out of your account?
Is that right?
I ask, cos I paid by paypal and I got the cancelled email last night, but the £96 still hasn't been refunded to my paypal account. BUT I havent been charged again.
Nearly, but change 'took £96 out of your account' to 'pre-authorised £96 from your account'
No money actually ever left my account, only a pending payment on the 25th for a week, and again today for a couple of hours.
My PayPal hasn't been refunded. I did wonder that if enough people opened a dispute in line with PayPal terms how much of a problem it would cause
Nearly, but change ‘took £96 out of your account’ to ‘pre-authorised £96 from your account’
No money actually ever left my account, only a pending payment on the 25th for a week, and again today for a couple of hours.
Ahh, gotcha, cheers.
My PayPal hasn’t been refunded. I did wonder that if enough people opened a dispute in line with PayPal terms how much of a problem it would cause
So those of us that chose to use paypal are the ones that have been out of pocket for 2 weeks (and counting)
So far yes
I ordered on Xmas day and paid on my credit card via PayPal with the payment taken straight away and order is still processing with no cancellation email received yet. Odds on getting anything from Garmin seem slim at the moment.
I ask, cos I paid by paypal and I got the cancelled email last night, but the £96 still hasn’t been refunded to my paypal account. BUT I havent been charged again.
Same for me and the only communication I've had from Garmin is the Cancellation email, my order status still shows "order recieved". I am sitting here waiting for a response from Jack...
I ordered on Xmas day and paid on my credit card via PayPal with the payment taken straight away and order is still processing with no cancellation email received yet. Odds on getting anything from Garmin seem slim at the moment.
Same for me and the only communication I’ve had from Garmin is the Cancellation email, my order status still shows “order recieved”. I am sitting here waiting for a response from Jack…
Yep, same.
Ok so here's what Jack says;
All unfulfilled orders will be credited due to the "technical error". No one is getting an Instinct at £96/£108. Those that have were becuase some were sent out before Garmin realised the error had occurred.
Lucky for them, unlucky for the rest of us.
So anyway, I then referred him to the Consumer Act, and mentioned that Garmin have a legal obligation to sell me the watch at the advertised price. At this point, he promptly cut me off with a "this conversation has ended" message!
Customer Services Lesson 1: don't let the customer hear you guffawing down the phone at them.
Lol!
On a prior occasion I had a great service from them, it just is a very rude attitude in this case.
So anyway, I then referred him to the Consumer Act, and mentioned that Garmin have a legal obligation to sell me the watch at the advertised price.
They hung up as @scotroutes says as they were laughing at this. They are under no obligation!
They are under no obligation!
To be fair I don't know either way, I was just trying it on. No loss.
To be fair I don’t know either way, I was just trying it on. No loss.
I assume your a nice enough person, but you have to think that poor person has had 100+ of those loons from trust pilot on today!
I did wonder if their previous email that shipment was delayed could be reasonably construed as accepting the contract, but is it really worth the hassle?
Ok, I did start with intent of just asking about my order, so yes I'm sorry to Jack I didnt think about that, that was a bit moronic of me. 🙁
That might be under an obligation if they have accepted a payment and sent out a receipt.
Look under "What happens if you don't want to go ahead with the contract?"
You can refuse to complete a sale if you can demonstrate that a mistake has occurred and no contract has been made, but an "Order Confirmation" email would imply that a contract has been entered in to.
A further twist. More fool me, I know, but I tried to cancel the one I ordered for £185 direct from Garmin after I found the Millets/Topcashback deal for £171.
Of course, I can't cancel now, the transaction is too far gone and I'll just have to return it once it arrives.
A further twist. More fool me, I know, but I tried to cancel the one I ordered for £185 direct from Garmin after I found the Millets/Topcashback deal for £171.
Of course, I can’t cancel now, the transaction is too far gone and I’ll just have to return it once it arrives.
Seems like a lot of hassle to save £14
You can refuse to complete a sale if you can demonstrate that a mistake has occurred and no contract has been made, but an “Order Confirmation” email would imply that a contract has been entered in to.
So... We're back on?
I blame 5Lab for this whole debacle.
I didn’t even know what an Instinct Watch was until Christmas Day and now I’m pondering buying one to avoid FOMO with a 20% discount. Does he work for Garmin? If so can I have my PayPal refund pretty please?
Holy breach of contract, Batman!
"If a confirmation or acceptance is automatically issued on receipt of an order, a binding contract has been formed and the supplier will be in breach of contract if they fail to deliver on the terms originally listed."
- random law firm website
Don't think they are in breach according to that website as it states
In order to avoid allegations from consumers that they have been misled, the supplier’s standard terms of business should set out the contractual process and make clear at what point the legally binding contract will be formed.
Garmin's conditions for sale state
2.3 Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the products you have ordered are being shipped to you, unless we have notified you that we do not accept your order or you have already cancelled it.
One for the legal bods on here but don't think it would be worth the effort to fight
Surely a contract has been entered into at the point payment is taken?
Getting into contract breaches is a bit silly over a £100 watch that most of us didn't even really need.
Life's too short.
Anyway, I've sent them a quick email quoting the law and saying they are in breach of contract, together with a delivery date request. 🚀
Same, just to keep em busy, really.
Surely a contract has been entered into at the point payment is taken?
I think their T&Cs reasonably well cover that a contract isn't established at point of payment, or order confirmation, but at shipping confirmation.
2.3 Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the products you have ordered are being shipped to you, unless we have notified you that we do not accept your order or you have already cancelled it.
... but, I think you could reasonably argue that their email stating that "shipment will be delayed" constitutes confirmation that the products ordered are being shipped to you. If not, the email would just have stated "order processing is delayed", surely?
Surely a contract has been entered into at the point payment is taken?
Unless you paid with PayPal they didn't take payment. They only authorised payment, which is why for some people it disappeared
Got the final cancellation email at 1am.
What will I spend my £96 on??????? Food or heating or something lame like that
And PayPal refund arrived promptly here …. .
No great heartache ….. Just need to keep looking for a suitable watch ….
Yeah PayPal and cancellation email here too. It was good whilst it lasted 🙂
Oh no. Does this mean we have to finally get on with our lives?
Well, THAT'S not gonna happen... 🙂
Got the cancellation email and its now been cancelled on the website, so looks like its really finally not going to happen. Or is it?
I did end up buying a different watch when this looked to be going sour.
Arrived yesterday but wife asked why I didn't bask for it for Christmas instead of saying 'nothing'.
Thinking back I didn't even want one then, allured by the false-bargain I convinced myself I had to have one, and ended up spending a lot more doing so.
Garmin won.
im pretty interested in these now
My £350 Fenix 6 Sapphire is apparently ready for Shipping and I have a UPS tracking number.
Order cancelled.
Didn't really need it anyway.
Still an apology and brief explanation would of been nice.
I have 4 Garmins, 2 GPS and 2 bike computers, probably no more now. I'm sure they will survive.
Still an apology and brief explanation would of been nice.
Yeah, that might happen 😀
A ha! The lesser spotted instinct solar! 😆
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Tbh doesn't do much different from my vivoactive 3 I guess, but the battery life is worth the upgrade, feels a lot more sturdy too mind, strap is much better, and I think I prefer the buttons over touch screen.
**** you
haha 😆
Certainly no delay with the one I ordered wednesday with the discount code. Had the shipping confirmation today.
I still have a the non solar version mentioned a few pages back, £105 posted by special delivery of anyone is interested.
