Letter of Complaint to TRU Online

[BigTransformerTrev]

MY LETTER

Hello, my name is Trevor Hopkins and I wish to strongly complain about recent service by your online store.
On Thursday the 3rd of March I placed an online order for your ‘Transformers: Platinum Edition Trypticon’ product that you had on sale for $70.
24 hours later I received an email saying that due to there being insufficient stock in your warehouses my order had been cancelled. Please see below:

Hi Trevor,

Thank you for choosing to order with Toys“R”Us Australia.

We regret to inform you due to high demand we have been unable to fulfil your order for the below item:

Order # ********
SKN: ***** Transformers Platinum Edition Collectible - Trypitcon
Quantity Ordered: 1
Total Value of Items: $69.98
Delivery: $22.00

Total: $91.98

As we are unable to locate stock of the above in our warehouses we will need to cancel the above item from your order.

We are now processing a refund for the total amount shown above back to your original method of payment.

You will also receive another Cancellation email that is generated through our system, please just disregard this email and refer to the information below for the refund period.
Please allow 3 to 5 working days for the funds to be credited back to your account.

We understand your frustrations with this matter and sincerely do apologise for any inconvenience caused.
Should you have any concerns regarding this matter, please do not hesitate to contact us.

Kind Regards,

Toys "R" Us Australia Online Support

I have since learned from multiple sources that not only did your company honor online orders for this product that were placed after mine, but have even continued to sell the product in question in stores at the reduced cost (there have been rumors that such a drastic reduction with this product [down from $400 to $70] was an error on the companies behalf that you are trying to backpedal on) when customers have taken the product to the checkouts and demanded the reduced price. I can provide links and pictures if proof is required confirming these facts. Am I to be bunked of a good deal simply as I live a 5 hour drive from the nearest TRU and cannot go into a physical store?

This is not good enough, and sadly it is not the first time I have been burned by the TRU online sites (though last time it was your American branch). I ordered and paid for a product in good faith to only have it cancelled a day later with an excuse which has been proven to be completely false. Frankly, your stores do indeed have the product and you made a commitment to sell ‘Transformers: Platinum Edition Trypticon’ to me for $70 which you have reneged on under false pretenses. Appalling behavior for an international company and in breach of Australian Consumer laws. Once again, I can provide links if required. Not only this, but your online store has since had the cheek to send me junk emails promoting products and trying to solicit purchases from me after this debacle! Instead of sending me emails trying to get me to buy products I don’t want, shouldn’t your company be trying to get to me the product that I ordered in good faith and appears you could find with a modicum of effort?

I ask that you honor your stores commitment, or I shall have no hesitation in taking this matter further through the proper agencies.

Regards,
Trevor Hopkins


THEIR RESPONSE

Dear Hopkins,

Thank you for your email.

There was an error in our system that significantly reduced the price of the product. We have tried to honor the error and ran out of stock. When you placed your order, it went to one of the stores to get stock. Since the store that the order went to didn't have enough to fulfill the order, it bounced around to other stores and unfortunately there was no more stock to complete the order. Since then, your order has been cancelled and refunded. According to our terms and condition found on our website:

"We may reject Your order in Our absolute discretion (including, without limitation, where any Product in the order is not available, if there is an error or omission in the price or description of the Product on the Site or payment in respect of the order is unable to be processed). If We reject Your Order, We will endeavour to notify You within a reasonable time. We will send You an email confirmation of each order accepted by Us. We may cancel the whole or any part of an order (including any orders that We have accepted) at any time without any liability to You if: (a) any Product in the order is not available; (b) there is an error or omission in the price or description of any Product in the order on the Site; (c) We reasonably believe You are in breach of any term or condition of this Agreement; or (d) payment in respect of the order is unable to be processed."

Thanks

Kind Regards,

Chrissandra - Toys "R" Us Australia Customer Service

[MEEEGGGAAATTTRRROOONNN!!!]

Well that was a bloody rude reply!

[BigTransformerTrev]

Well that was a bloody rude reply!

I love their first line: 'Dear Hopkins'

[MEEEGGGAAATTTRRROOONNN!!!]

I love their first line: 'Dear Hopkins'

Absolutely! You knew it was heading in a bad direction with an opening like that!

[Smint]

Seems like a reasonable response. PO systems are never perfect especially when there's a flood of orders. Maybe your order wasn't prioritized as it was bounced around and in that period other people got theirs in first. Who knows.

If it was indeed a price error then they dont have to honor squat and a lot of stores have this policy just to protect themselves because well, mistakes happen. Good on them for trying to honor it.

[BigTransformerTrev]

Seems like a reasonable response. PO systems are never perfect especially when there's a flood of orders. Maybe your order wasn't prioritized as it was bounced around and in that period other people got theirs in first. Who knows.

If it was indeed a price error then they dont have to honor squat and a lot of stores have this policy just to protect themselves because well, mistakes happen. Good on them for trying to honor it.

What in the name of Trypticons oversized exhaust port are you talking about?!

Reasonable response? Take into account the following:
*Besides the automated response from the initial cancellation no apology
*Couldn't even be bothered to use my first name
*Completely dodged the issue that these items are still getting sold in stores for the sale price (even yesterday for some Ozformers members - 3 days after the initial cancellation)
*A response that was mainly made up of their policy which essentially is worded "We can do what we choose"

Trying to honour it? No they are not. Otherwise the 20+ people who have had similar complaints here and on Aussie TF FB sites would have no issue. And the people who are still buying it in store would not have to haggle about the marked price when they get them in store. I will give them credit for honoring what it is still marked as on the shelves but I believe they may be legally required to do so.

I have recieved cancellations on TF orders before from other stores, including BBTS (a couple of times) and TF-Direct. Not only have I received a personalized email apologizing but automatically been given extra store credit on top of my refund as way of recompense without even asking. THAT is the way you run an online store and how a good business treats its customers. The way TRU is operating is most certainly not. Being legally correct and not having to honor orders is not the same as good customer service, especially for an international company.

I'll agree that by the sounds of it they are not required to take care of the orders that they cancelled for me and dozens of others, but in no way do they deserve a "good on them" for their actions. I'm perplexed that you believe that they do.

[GoktimusPrime]

If it was indeed a price error then they dont have to honor squat and a lot of stores have this policy just to protect themselves because well, mistakes happen.

^This is true. When a pricing occurs, retailers legally must withdraw the item from sale and restock the item at the correct price. Retailers may, if they choose to, sell the item at the erroneously lower price, but they don't have to unless for some reason, they are unable to withdraw the item from sale.

I have managed to get a few toys at cheap prices due to pricing errors like this, but I never demand it. I simply bring the toy to the check out and when the toy scans at the higher price, I inform them that it's advertised elsewhere (e.g. shelf tag, catalogue) at a lower price. That's all I say -- I don't ask or tell them to do anything. At this stage, I leave the decision to them; whether they choose to:
* sell the toy to me at the lower price or.
* refuse the sale and thus remove all toys off the shelves, republish the advertised price, and then restock the toys on shelves
...is entirely up to them. I never ask for anything.

So far, I've always had them opt to sell me the toy at the incorrectly lower price, as is their legal option. I think the important thing to bear in mind here is that while retailers may choose to sell a toy at the lower advertised price, they don't have to. If they choose to honour the lower price, then this is a bonus, but not a consumer entitlement or right. The one thing that retailers legally cannot do is proceed to sell the product at the higher price without withdrawing it from sale first.

Further Reading
Price Display (ACCC)
Australian Consumer Law Rights - Incorrect Pricing (Law Answers)
Sales Practices (Consumer Law), p.20 - "Multiple Pricing"

[BigTransformerTrev]

The one thing that retailers legally cannot do is proceed to sell the product at the higher price without withdrawing it from sale first.

Yeah and I think this is what is irking myself and so many others. The fact that the item in question is still on shelves on many stores around the country marked at the lower price (even if only being sold as such when challenged at the checkout). It wasn't withdrawn from sale, it was just cancelled for many of those that had online orders.

Besides that, as stated by myself and others and TRU themselves, TRU are legally in the right - it's just poor customer service

[Jetfire in the sky]

I love their first line: 'Dear Hopkins'

Obviously on a mate to mate level there Don't worry their e-mail to me to say the item was cancelled started with Dear Minh, and yet strangely I have no Vietnamese heritage whatsoever and it's not my F-ing NAME!!!

All class TRU

I love how they gave you their double legal speak copy and paste too, what a load of balls for any effort or references to actual consumer law which Gok has managed to do.

[Ralph Wiggum]

Yeah and I think this is what is irking myself and so many others. The fact that the item in question is still on shelves on many stores around the country marked at the lower price (even if only being sold as such when challenged at the checkout). It wasn't withdrawn from sale, it was just cancelled for many of those that had online orders.

Besides that, as stated by myself and others and TRU themselves, TRU are legally in the right - it's just poor customer service

So wait, let me confirm this. Trypticon is back on the shelves, but at the higher discounted price?