Watch order cancelled after payment

[eus6267]

So I am a little disappointed with a well-known Grand Seiko AD, who shall remain nameless.

I found a highly desirable and hard to find GS watch for sale on their website. This was not pre owned, but rather a new watch. I made the purchase, my credit card was charged, and I got the email confirmation. Naturally I was very excited!

The next day, the AD emails me saying that the watch shouldn’t have been available for me to buy and that it was “pre sold” to a client in-store. They offered to refund my money.

Normally I would understand, but this was a desirable watch. Maybe I am biased here, but in my mind, you shouldn’t be able to sell me an item, only to tell me that you shouldn’t have sold it to me. I paid for the item and you charged my credit card for it. And you made it available on your website. This to me is different than saying we are out of stock, because at the time of purchase, the watch was available for me to buy and I did.

In this situation, do I just let it go? Do I insist that the AD honor their sale to me? Thoughts are appreciated! Thanks.

[GradyPhilpott]

That happened to me sort of.

I bought a watch from my AD, before it arrived and I put down a substantial payment to hold it in my name.

When it came in the owner told me that the watch was really intended for someone else, but because I had put down about 50% of the MSRP, he would honor the sale.

I suspect that there was a guy out there somewhere who was feeling about the same way you are.

All I can say is that mistakes happen.

I got lucky.

[Tanuki]

I understand why you're bummed out. I would be too but sometimes things fall through the cracks and the watch should have been taken off the website but wasn't. I would let it go and believe that a good deed deserves a good deed in return. So something even more special may be coming your way!

[Token74]

Not sure you’re in a position to insist they sell you the watch, I assume they will only have a certain allocation and if they have already exhausted that allocation (and they have now oversold with your order in error) then what can they realistically do?

The way you handle this could make a difference to the eventual outcome. Who knows, someone who is down to get the watch may cancel their order. They may get another allocation. If you’ve dealt with this in the right way, you may be the first number they call if these eventualities play out. If on the other hand you start insisting on stuff that they can’t make happen, your number is more likely to be deleted.

I personally would take my money back, politely express my disappointment that their deposit system appears to be a one-sided deal but equally be understanding that mistakes happen, and ask that they call should circumstances change.


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[Fleetlord]

They probably did you a favor as that watch will more than likely be available for less than retail if you wait long enough.

GS resale values are plummeting on most of their models (a few exceptions here and there)...I expect that to continue as GS has fallen into the trap of overproduction and over pricing their references.

[1William]

Sorry this happened. I would get on the phone and call and talk to someone in the store and see if the model is available. Could be you will get an SA who wants to make a sale and will take you information over the phone and ship you the watch. I would not mention the internet sale as it does not matter. If the watch is not available then get out and find it. Good luck.

[77T]

Originally Posted by eus6267

In this situation, do I just let it go? Do I insist that the AD honor their sale to me? Thoughts are appreciated! Thanks.

It was an online sales “mistake” (by their explanation to you) so they don’t have a contractual obligation.

It is like seeing a C8 Corvette on a Saturday morning and a sales rep let’s you sign a contract - but in fact it was awaiting collection by a buyer from Friday night.

As a general principle in retail law, when a person clicks on the ‘agree’ button to confirm the order it is their intention to create a legal contract to be bound by. However, the case law favors the seller side. Even displaying the price does not constitute a contractual offer.

Your best choice is to use this as a goodwill request. Ask it you can be the next customer to get that model when or if it comes in.

There is only one possible “out” for you. But unlikely to win the day.

Look at your CC online - it likely says (or said) “Pending”. Just like a Hotel Room reservation. If so, no soap.

The only out would be if it actually posted as a charged transaction.

But even then, the seller has the choice of claiming their goods were offered without binding them to the intention of creating a contract.

No stock, no sale.


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[arnage]

Just curious, and I don't want to appear cynical here -- but what GS reference is highly desirable, currently? Snowflake (sbga211), Shubun (sbga413) seem to have already had their moment.

For a while, SBGY003 was quite sought after (on the secondary), but highly unlikely there are any primary market BNIB ones remaining; was it a peacock dial (sbgj261)?

Agree with one of the earlier comments on the thread about GS strategy, and resultant residuals. GS has showed some recent resemblance to what Panerai was up to -- with the deluge of similar-looking limited editions being a little tiresome, coupled with rapidly increasing pricepoints

[TheDogHouse]

Mistakes happen. Sounds like human error and nothing malicious. The best you can hope for is that they contact you the next time one becomes available.

[eus6267]

Originally Posted by 77T

It was an online sales “mistake” (by their explanation to you) so they don’t have a contractual obligation.

It is like seeing a C8 Corvette on a Saturday morning and a sales rep let’s you sign a contract - but in fact it was awaiting collection by a buyer from Friday night.

As a general principle in retail law, when a person clicks on the ‘agree’ button to confirm the order it is their intention to create a legal contract to be bound by. However, the case law favors the seller side. Even displaying the price does not constitute a contractual offer.

Your best choice is to use this as a goodwill request. Ask it you can be the next customer to get that model when or if it comes in.

There is only one possible “out” for you. But unlikely to win the day.

Look at your CC online - it likely says (or said) “Pending”. Just like a Hotel Room reservation. If so, no soap.

The only out would be if it actually posted as a charged transaction.

But even then, the seller has the choice of claiming their goods were offered without binding them to the intention of creating a contract.

No stock, no sale.


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I totally understand your point, but I think the difference here is that this was a completed transaction from my perspective.

My credit card was charged here and it’s not pending. The $7,500 transaction cleared my credit card. Interestingly, this “mistake” was Wednesday morning and to date, it is still a charge on my credit card.

In the Corvette analogy, the dealership cashed the check.

Not that I would go that route, I honestly wonder if I do have a legal remedy. I am not a lawyer, but to me, when you take the money from me, you should not be able to backtrack, even if it was a mistake.

[77T]

The corvette example was a signed contract for a product that was not available for sale. The deal was unwound.

Your CC was charged and now refunded. That deal was unwound.

The case law would be the same - and I don’t say that callously. Just that you’d never prevail.

Go visit them if local or nearby and plead a case for them to source one. That’s the best effort IMHO.


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[eus6267]

Originally Posted by 77T

The corvette example was a signed contract for a product that was not available for sale. The deal was unwound.

Your CC was charged and now refunded. That deal was unwound.

The case law would be the same - and I don’t say that callously. Just that you’d never prevail.

Go visit them if local or nearby and plead a case for them to source one. That’s the best effort IMHO.


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Understood. They need to make it a priority to refund me. 48 hours later, I am still out $7500. I have not been refunded as of yet

[eus6267]

This watch was a LE that is no longer produced. Wishful thinking, but it would be great if they gave me something to compensate

[brandrea]

Be nice.

Take the refund, and express just how badly you wanted the watch. The stars may align for you eventually

[arnage]

Originally Posted by eus6267

this watch was a le that is no longer produced. Wishful thinking, but it would be great if they gave me something to compensate

sbge275?

[arnage]

Originally Posted by eus6267

Understood. They need to make it a priority to refund me. 48 hours later, I am still out $7500. I have not been refunded as of yet

Sounds very frustrating; I presume they'll eventually refund you, but of course they should have made it a priority, given what happened. Maybe nudge them and mention that you'd rather not resort to calling the card company quite yet.

[TheDogHouse]

The probably already refunded him. It can take 5 days for the credit card companies to post it.

[eus6267]

Originally Posted by TheDogHouse

The probably already refunded him. It can take 5 days for the credit card companies to post it.

I'll give them a few days before I contest it.

[eus6267]

Originally Posted by arnage

Just curious, and I don't want to appear cynical here -- but what GS reference is highly desirable, currently? Snowflake (sbga211), Shubun (sbga413) seem to have already had their moment.

For a while, SBGY003 was quite sought after (on the secondary), but highly unlikely there are any primary market BNIB ones remaining; was it a peacock dial (sbgj261)?

Sorry for the delay in answering the question! It was a SBGK015.