What bothers me a lot is that they mention: "we ship from monday untill friday". In this situation every company would work 24/7 to get his shit on track again as fast as possible. I really hope that they are doing that and don't close the doors untill monday.
We had similar situations in my company and we have been working nightshifts and weekendshifts to solve the situation. Give the employees a bonus to do it if necessary.
If this is written up by a lawyer, they need to find a new one.
They are blatantly accusing you of exploitation, but me and a lot of others just saw a message "add this, get more discount" so we did... It was BF and BF is known for crazy a* deals, an I genuinely thought this was part of the BF deals.
Meanwhile they held on to all that money for 2 weeks, which gets added to their quarters financial books so they can say.. "Hey look at the turnaround we did in this quarter"
no. 1 is defamation towards the people who genuinely thought it was a deal, and did not even consider an exploit.
no. 2 is fraud, which is a federal crime.
If their lawyer wrote this up for them, that lawyer f* them even more.
I ordered my Limited Edition F1 wheel on November 20, 2024. At the time of my order, the QR2 showed backordered and available December 8, 2023. I'm not sure if it was a system glitch or maybe some of you missed it but I know for sure mines showed the rest of my order in stock except the QR2 wheel side mount. I've seen many posts about the QR2 and I wonder if there was a glitch or did people simply miss that the QR2 was not in stock and would delay the order since I believe the site said that the order would be held until the backorder item became available.
My order status still show " the order is in process".
I've seen a few other people say they got their order so I am concerned a bit but will wait a bit and see how things work out. I'm crossing my fingers.
Because I don't think inventory was ever allocated to those orders in the first place. If they had allocated inventory they would have been able to offer a revised order instead of just cancelling the entire order as they did. So they're processing the orders and banking the money without even allocating inventory ... I mean, is that even legal?
FYI to everybody that has Serial numbers, Keep an eye out for your package to show up When serial numbers are are added your package will be shipped soon after
There is no way that letter about the cancelled orders is written by a lawyer...
It starts off by accepting blame and by offering something at the end just enforces culpability.
The bit blaming customers is just awful and so ill thought out.
Like everything Fanatec is doing at the moment it's so customer unfriendly. There have been so many statements and notices promising things that just are not done. There was a message / post back in October saying they would sort out something for the early delays to say sorry, but nothing.
I still just don't understand why a company that was struggling to fulfill orders in early September then goes on to launch the QR2, New DD drive and then to cap it all goes big on Black Friday. They have just made a mess worse and worse rather than sorting things out.
Personally I have several things that have not been resolved apart from the current orders not shipping within the times stated.
Order from 30th September shipped with no QR's and NOTHING has been done about it.
Order from the 19th September for stock items has not been shipped at all.
Received a button cap pack with no button caps in the sealed pack - No action taken to send replacement
Rally button box ordered on day launched and said in stock. Still not picked up by courier.
I could go on, but will stop there.
I fear Fanatec / Endor has left themselves wide open to legal action here. They would have been far better trying to sort it out with customers, showing empathy and understanding.
I generally understand what fanatec is saying.However, the following sentence should not have been included.
Furthermore, we would like to point out that consciously exploiting a pricing error goes against good faith. In light of this, no valid purchase agreement has been established between you and the Endor AG for the aforementioned order.
Often webstores make pricing errors that result in cancellations.
However, this is the first time I have seen an e-mail criticizing the lack of good faith on the part of the customer who placed the order.
Yes, and what makes it worse, the shop not only had a pricing error but literally pushed the customer to add the APM to the order. This was the case when I ordered, but luckily I resisted...
But nevertheless, my order shows no progress at all, as is the case for so many customers here.
I think, fanatec should have asked someone who knows how to build and operate a web shop (and of corse logistics) but seemingly they cheaper out on it....
I ordered the limited edition wheel on 11/22 and the QR2 Wheel side was available at this moment. Then it changed to QR2 preorder December 15th, then January 5th and now January 3rd…
Like you, the status of the order is « the order is in process » since 11/22
Everything is available except the QR2 which was automatically included in the bundle…
I think it is written by a Fanatec lawyer. After all, they have developers that can't develop, testers that can't test, shippers that can't ship and customer service personnel that offer no customer service; why wouldn't they have lawyers that muddle their legal position and actions.
You are right of course, the letter is a mess, it blames a technical glitch (remember, software does what it is told to do - so they caused the error!). They then blame the automation of the order process - which they enabled - for allowing the orders to be concluded. Concluded is a strong word! They claim that they were unaware that these prices were wrong but imply that customers were aware - despite other products also having huge price cuts. Why should the customers be better informed than the retailer? That's quite a leap of logic.
They end by concluding that the purchase is invalid because the customer acted in bad faith - despite them having zero proof of this, or even any reason to make this claim. Any reasonable person should be able to see that it is perfectly normal for customers to act on being offered a discount during a BF sale.
Finally offering a goodwill discount code to customers after accusing them of acting in bad faith is classic Fanatec logic!
I really hope those affected take this further, either legally or through local consumer protection advocacy.
Hi, I have a problem with an item that was returned.
Unfortunately when i went ti collect It at the access point was partially delivered by the owner and 1 item was returned.
I also opened a ticket forn support but It rightly take a long time to respinse as you explained. I wanted to know if there Is any way to recativate the shipment or if we could find a solution.
Thanks in advance and Sorry for bother you also here.
It calls false advertisement, in USA we have a law that protects customers from such things. California, for example, prohibits dissemination of information about products or services that is “untrue or misleading,” with both civil and criminal enforcement
I ordered on November 24th Order - 1841423. There are no Tracking Information so far, no respond on Customer Service Mail, no Information at all. Very sad on this side, hopefully UPS is your wise Choice of delivery.
Please let the Customer know about their Order. Thanks.
I received notification from Fedex today that I have packages coming. No tracking on the Order Status menu. So those of you who keeps refreshing the page like I did, just wait for Fedex or UPS to notify you, if you have an account setup with them. My order time was Nov.25 1:19a Est
tracking number on my account shows that the item was returned to sender Hamburg on the 30th of November due to missing commercial invoice on the 29th November.
Sent message to you guys on 28th November with no reply.
based on your post advising orders are being sorted after 20th of November I have contacted my bank asking for a full refund.
no communication no way to call you guys as you have turned your phone lines off.
CEO of Fanatec gave update over a month ago with a YouTuber and was vague with answers not really definitive on timescales.
if your company does not have the work force to keep up with the influx of orders why have a Black Friday sale and swamp yourselves with more inquiries to where peoples orders are etc.
Very poor organisation switching warehouses etc and has forced me to go to my bank for a full refund I spent over £400 & that may not be a lot of money compared to some people that have shown what they have ordered.
What a complete and utter shambles of how you treat your customers that put you guys in the position your company in now. Money seems to be more important than anything else. Think it’s time to go to another ecosystem instead of wasting my time with Fanatec.
I've been following everything all the time as an active participant in the whole situation with 4 orders in BF, so here I am finally sharing some thoughts.
I see Simon among the last posts, so I won't compare myself to him, who is practically a business partner/customer, but I believe that I am well above average, a loyal user with a lot of orders.
I have been with Fanatec since my beginning as a PS and GranTurismo user in need for PS compatibility. So far and for the past 2 years, I have only had good experiences, I have brought them at least 3, 4 users with large orders.
Back to BF. I followed all the news in advance and from the very beginning. And so did Thomas's blog during the BFa. The result is that I've come across as a scalper in many of the opinions here, which I have no intention of doing. I'll just write a digression. In the first minutes of the QR2 release, I ordered BS Type C and 2x QR2. I was not charged a discount because the site had a glitch, the bundle was sold out, but it could be ordered separately. I never called or asked about those 20 euros. However, to this day, I do not have that order, I have not received an answer for 2 months, and only in the last few days I initiated a refund with the bank.
Anyway, ordered F1 2023 APM and quite a few other things for BF.
I didn't say anything bad about everything to anyone anywhere, not even Fanatec, except I politely sent an email after more than a month.
Back to BF. To support everything, I will attach a screenshot of Thomas's blog post.
After that post I was waiting for the news for Friday. Don't get me wrong, the Friday offer was really generous from Fanatec. But it didn't seem special to me compared to other days. Well, a couple of Sparco rims and a V2.5X won't break their page. Even though I have a V2.5X, I was going to take an offer and buy another one. It's the only steering wheel I use out of the 5, 6 I have and I wanted to have another one as a spare. As for the button caps, I have another unopened one at home, but normally I ordered another one for 5 euros. If Fanatec had not set caps at 5 euros, all this would not have happened because not everyone would have put them in the shopping cart. And I am offered APM with bundle doscount. I'm laughing to myself and thinking to myself, how did I manage to read between the lines and why did Thomas say what he said. In addition to that order, I put in cart QR2, MPM, another set of caps and something else. After that I call my friends and tell them everything, they want that also but one is on the trip, another at work, they can't do the shopping and they ask me to order them, which I did. Just to mention, earlier that day additional discounts were also mentioned for the CSL DD/V2.5X bundle, as well as for the CS hub V2/APM and normally everything was logical to me. And I can be stupid as amoeba, but I didn't think it was a glitch.
What is not clear to me is how Fanatec set itself up. Inconsistently, he has already sent a bunch of affected orders, for me specifically my first one with additional items is in progress red dot and for it I received the mentioned email today, but the following two were completly shipped from November 25 with the invoice on the email and for which no one contacted me. And as it turns out, there is no longer a single basis to dispute these orders, nor would I of course agree to it. And here people have canceled the only orders of several thousands of dollars in which there were no other bundle discounts. After that, I really can't justify any of Fanatec's moves. Obviously, they didn't even stop 50% of such orders, and the damage they did to themselves is incomprehensible to me. I know very well that it is a pure loss for them, their profit from the entire BF is miserable compared to their total income and this must have affected them.
But if they couldn't estimate how small a part of the loss they might save and how much additional reputational damage they would do, I don't understand. They had an ideal opportunity to seriously capitalize on a very expensive mistake in marketing, and they managed to dig much deeper. How many regular orders suffer and are delayed now, how much additional backlog they will cause, how much negative publicity they have created, incomprehensible.
Anyway, in the end I will say human and honest. I wish them as little stress as possible before the holidays and a more successful 2024, and if it is going to save them, let them do what they want with my order.
My few hundred euros interest-free loan to Fanatec for a few months and a few weeks doesn't hurt me too much. But the truth is that of all users they have millions and millions, that's why I was a little bothered by the access in today's email.
Fanatec has too much honey around their mouth with a bad attitude towards customers to imply such things in an email.
I will give just one hint in the sea of others that has been going on for months. Although the description of the CS and Podium steering wheels says that they come with QR1, after they offer you QR2 in the cart, if you choose QR2, you do not get free QR1, which is not actually free, but is included in the price. So someone who chooses QR1 and additionally QR2, gets both for the same price, as it should, but if after Fanatec offers him QR2 he chooses it, he doesn't get QR1 even though the product description says you get it. There's more, and it's not fair. Not at all. In this way, they damaged a lot of customers.
I'm so sorry for everyone, and I can't believe how badly they brought this up.
They are likely to have considerable success with that.
A few years ago, the company "Dell" faced a situation similar to this, wherein they mistakenly offered Alienware Hardware on their website at an exceptionally low price. Numerous orders were placed before the error was rectified a few hours later.
Subsequently, the company attempted to invalidate these purchases, citing the mistake. However, their efforts were unsuccessful when customers took legal action.
The court ruled that once a contract is officially established, a company cannot unilaterally cancel an order or purchase, even if a pricing mistake was made on their part. This principle applies only if the contract has already been established.
The intricacies of this situation become particularly interesting depending on the legal rights of the country in question, as they can vary. In some jurisdictions, a valid contract is formed with the issuance of a purchase order or confirmation, coupled with the company receiving payment. In others, a valid contract is only established when the seller explicitly accepts.
Nevertheless, in the majority of countries around the world, a purchase order (PO) is already considered a legitimate and legally binding contract.
In the Case of Dell, not only did they have to fulfill all of these orders later on that they wanted to Cancel but some countries like Australia imposed some heavy Fines for the Company, just Australia alone fined them 6,5 Million US Dollars or about 10 Million AUD.
Conpanys like Dell also explictly "Reserves the right" to cancel an order due to pricing errors" in their TOS. However a TOS of a Company is never above Sate Law
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The Seller may accept the Client’s offer within five days,
• by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or
• by delivering ordered goods to the Client, insofar as receipt of goods by the customer is decisive, or
• by requesting the Client to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.
"Dell strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by Dell, in Dell's sole discretion.
Dell reserves the right to cancel orders arising from pricing or other errors."
Conclusion:
A company's Terms of Service NEVER supersedes state law´s.
I have now read the whole thing again in my native language on the Fanatec website and thus come to the conclusion that the purchase contract has already become legally binding by sending the order confirmation. He is binding on both sides. Thus, it should be illegal if Fanatec wants to withdraw from the purchase contract via email due to an error on its part. (to which you can no longer react in time, since their processing takes several weeks)
I am far from an expert in law, but for me as a layman, the AGB in Germany (ToS) must be formulated in an understandable and unambiguous way. Accordingly, I understand a legally binding contract that is binding on both parties as soon as the payment is made and an order confirmation has been received.
I made the payment and received an order confirmation by e-mail. Legally, they are not allowed to cancel my order at all, as the contract is valid.
But as we can see, they still do it with very many. But if no one resists it, Fanatec will get away with it.
It is therefore up to the customer to indicate the breach of contract and thus to come to their right.
Comments
What bothers me a lot is that they mention: "we ship from monday untill friday". In this situation every company would work 24/7 to get his shit on track again as fast as possible. I really hope that they are doing that and don't close the doors untill monday.
We had similar situations in my company and we have been working nightshifts and weekendshifts to solve the situation. Give the employees a bonus to do it if necessary.
Endor is not here to give bonus to their employees but to keep the more they can payments of cancelled orders.
@Craig Amey
If this is written up by a lawyer, they need to find a new one.
They are blatantly accusing you of exploitation, but me and a lot of others just saw a message "add this, get more discount" so we did... It was BF and BF is known for crazy a* deals, an I genuinely thought this was part of the BF deals.
Meanwhile they held on to all that money for 2 weeks, which gets added to their quarters financial books so they can say.. "Hey look at the turnaround we did in this quarter"
no. 1 is defamation towards the people who genuinely thought it was a deal, and did not even consider an exploit.
no. 2 is fraud, which is a federal crime.
If their lawyer wrote this up for them, that lawyer f* them even more.
I ordered my Limited Edition F1 wheel on November 20, 2024. At the time of my order, the QR2 showed backordered and available December 8, 2023. I'm not sure if it was a system glitch or maybe some of you missed it but I know for sure mines showed the rest of my order in stock except the QR2 wheel side mount. I've seen many posts about the QR2 and I wonder if there was a glitch or did people simply miss that the QR2 was not in stock and would delay the order since I believe the site said that the order would be held until the backorder item became available.
My order status still show " the order is in process".
I've seen a few other people say they got their order so I am concerned a bit but will wait a bit and see how things work out. I'm crossing my fingers.
Because I don't think inventory was ever allocated to those orders in the first place. If they had allocated inventory they would have been able to offer a revised order instead of just cancelling the entire order as they did. So they're processing the orders and banking the money without even allocating inventory ... I mean, is that even legal?
Exactly what i thought , they never had enough 2.5x to fulfill orders. Their goal was only to SELL, not to ship.
FYI to everybody that has Serial numbers, Keep an eye out for your package to show up When serial numbers are are added your package will be shipped soon after
personally I made a request to the European Consumer Center for my order with v2.5, stickers and APM
There is no way that letter about the cancelled orders is written by a lawyer...
It starts off by accepting blame and by offering something at the end just enforces culpability.
The bit blaming customers is just awful and so ill thought out.
Like everything Fanatec is doing at the moment it's so customer unfriendly. There have been so many statements and notices promising things that just are not done. There was a message / post back in October saying they would sort out something for the early delays to say sorry, but nothing.
I still just don't understand why a company that was struggling to fulfill orders in early September then goes on to launch the QR2, New DD drive and then to cap it all goes big on Black Friday. They have just made a mess worse and worse rather than sorting things out.
Personally I have several things that have not been resolved apart from the current orders not shipping within the times stated.
I could go on, but will stop there.
I fear Fanatec / Endor has left themselves wide open to legal action here. They would have been far better trying to sort it out with customers, showing empathy and understanding.
I generally understand what fanatec is saying.However, the following sentence should not have been included.
Furthermore, we would like to point out that consciously exploiting a pricing error goes against good faith. In light of this, no valid purchase agreement has been established between you and the Endor AG for the aforementioned order.
Often webstores make pricing errors that result in cancellations.
However, this is the first time I have seen an e-mail criticizing the lack of good faith on the part of the customer who placed the order.
Yes, and what makes it worse, the shop not only had a pricing error but literally pushed the customer to add the APM to the order. This was the case when I ordered, but luckily I resisted...
But nevertheless, my order shows no progress at all, as is the case for so many customers here.
I think, fanatec should have asked someone who knows how to build and operate a web shop (and of corse logistics) but seemingly they cheaper out on it....
does he have an instagram, whatsapp or other group for canceled orders
Same situation here.
I ordered the limited edition wheel on 11/22 and the QR2 Wheel side was available at this moment. Then it changed to QR2 preorder December 15th, then January 5th and now January 3rd…
Like you, the status of the order is « the order is in process » since 11/22
Everything is available except the QR2 which was automatically included in the bundle…
@Fanatec, my order is 1810921, made on 21.11.2023.
When will you fulfill it? Can you give some approximate date?
Yes these things happen, what sets companies apart is how they deal with it.
Empathy and understanding rather than blame and passing would be nice.
I think it is written by a Fanatec lawyer. After all, they have developers that can't develop, testers that can't test, shippers that can't ship and customer service personnel that offer no customer service; why wouldn't they have lawyers that muddle their legal position and actions.
You are right of course, the letter is a mess, it blames a technical glitch (remember, software does what it is told to do - so they caused the error!). They then blame the automation of the order process - which they enabled - for allowing the orders to be concluded. Concluded is a strong word! They claim that they were unaware that these prices were wrong but imply that customers were aware - despite other products also having huge price cuts. Why should the customers be better informed than the retailer? That's quite a leap of logic.
They end by concluding that the purchase is invalid because the customer acted in bad faith - despite them having zero proof of this, or even any reason to make this claim. Any reasonable person should be able to see that it is perfectly normal for customers to act on being offered a discount during a BF sale.
Finally offering a goodwill discount code to customers after accusing them of acting in bad faith is classic Fanatec logic!
I really hope those affected take this further, either legally or through local consumer protection advocacy.
Hi, I have a problem with an item that was returned.
Unfortunately when i went ti collect It at the access point was partially delivered by the owner and 1 item was returned.
I also opened a ticket forn support but It rightly take a long time to respinse as you explained. I wanted to know if there Is any way to recativate the shipment or if we could find a solution.
Thanks in advance and Sorry for bother you also here.
It calls false advertisement, in USA we have a law that protects customers from such things. California, for example, prohibits dissemination of information about products or services that is “untrue or misleading,” with both civil and criminal enforcement
Dear Fanatec,
I ordered on November 24th Order - 1841423. There are no Tracking Information so far, no respond on Customer Service Mail, no Information at all. Very sad on this side, hopefully UPS is your wise Choice of delivery.
Please let the Customer know about their Order. Thanks.
I received notification from Fedex today that I have packages coming. No tracking on the Order Status menu. So those of you who keeps refreshing the page like I did, just wait for Fedex or UPS to notify you, if you have an account setup with them. My order time was Nov.25 1:19a Est
This does not apply to pricing errors, good luck with that suit lol
Order number 1807000 ordered on the 20th November
tracking number on my account shows that the item was returned to sender Hamburg on the 30th of November due to missing commercial invoice on the 29th November.
Sent message to you guys on 28th November with no reply.
based on your post advising orders are being sorted after 20th of November I have contacted my bank asking for a full refund.
no communication no way to call you guys as you have turned your phone lines off.
CEO of Fanatec gave update over a month ago with a YouTuber and was vague with answers not really definitive on timescales.
if your company does not have the work force to keep up with the influx of orders why have a Black Friday sale and swamp yourselves with more inquiries to where peoples orders are etc.
Very poor organisation switching warehouses etc and has forced me to go to my bank for a full refund I spent over £400 & that may not be a lot of money compared to some people that have shown what they have ordered.
What a complete and utter shambles of how you treat your customers that put you guys in the position your company in now. Money seems to be more important than anything else. Think it’s time to go to another ecosystem instead of wasting my time with Fanatec.
I've been following everything all the time as an active participant in the whole situation with 4 orders in BF, so here I am finally sharing some thoughts.
I see Simon among the last posts, so I won't compare myself to him, who is practically a business partner/customer, but I believe that I am well above average, a loyal user with a lot of orders.
I have been with Fanatec since my beginning as a PS and GranTurismo user in need for PS compatibility. So far and for the past 2 years, I have only had good experiences, I have brought them at least 3, 4 users with large orders.
Back to BF. I followed all the news in advance and from the very beginning. And so did Thomas's blog during the BFa. The result is that I've come across as a scalper in many of the opinions here, which I have no intention of doing. I'll just write a digression. In the first minutes of the QR2 release, I ordered BS Type C and 2x QR2. I was not charged a discount because the site had a glitch, the bundle was sold out, but it could be ordered separately. I never called or asked about those 20 euros. However, to this day, I do not have that order, I have not received an answer for 2 months, and only in the last few days I initiated a refund with the bank.
Anyway, ordered F1 2023 APM and quite a few other things for BF.
I didn't say anything bad about everything to anyone anywhere, not even Fanatec, except I politely sent an email after more than a month.
Back to BF. To support everything, I will attach a screenshot of Thomas's blog post.
After that post I was waiting for the news for Friday. Don't get me wrong, the Friday offer was really generous from Fanatec. But it didn't seem special to me compared to other days. Well, a couple of Sparco rims and a V2.5X won't break their page. Even though I have a V2.5X, I was going to take an offer and buy another one. It's the only steering wheel I use out of the 5, 6 I have and I wanted to have another one as a spare. As for the button caps, I have another unopened one at home, but normally I ordered another one for 5 euros. If Fanatec had not set caps at 5 euros, all this would not have happened because not everyone would have put them in the shopping cart. And I am offered APM with bundle doscount. I'm laughing to myself and thinking to myself, how did I manage to read between the lines and why did Thomas say what he said. In addition to that order, I put in cart QR2, MPM, another set of caps and something else. After that I call my friends and tell them everything, they want that also but one is on the trip, another at work, they can't do the shopping and they ask me to order them, which I did. Just to mention, earlier that day additional discounts were also mentioned for the CSL DD/V2.5X bundle, as well as for the CS hub V2/APM and normally everything was logical to me. And I can be stupid as amoeba, but I didn't think it was a glitch.
What is not clear to me is how Fanatec set itself up. Inconsistently, he has already sent a bunch of affected orders, for me specifically my first one with additional items is in progress red dot and for it I received the mentioned email today, but the following two were completly shipped from November 25 with the invoice on the email and for which no one contacted me. And as it turns out, there is no longer a single basis to dispute these orders, nor would I of course agree to it. And here people have canceled the only orders of several thousands of dollars in which there were no other bundle discounts. After that, I really can't justify any of Fanatec's moves. Obviously, they didn't even stop 50% of such orders, and the damage they did to themselves is incomprehensible to me. I know very well that it is a pure loss for them, their profit from the entire BF is miserable compared to their total income and this must have affected them.
But if they couldn't estimate how small a part of the loss they might save and how much additional reputational damage they would do, I don't understand. They had an ideal opportunity to seriously capitalize on a very expensive mistake in marketing, and they managed to dig much deeper. How many regular orders suffer and are delayed now, how much additional backlog they will cause, how much negative publicity they have created, incomprehensible.
Anyway, in the end I will say human and honest. I wish them as little stress as possible before the holidays and a more successful 2024, and if it is going to save them, let them do what they want with my order.
My few hundred euros interest-free loan to Fanatec for a few months and a few weeks doesn't hurt me too much. But the truth is that of all users they have millions and millions, that's why I was a little bothered by the access in today's email.
Fanatec has too much honey around their mouth with a bad attitude towards customers to imply such things in an email.
I will give just one hint in the sea of others that has been going on for months. Although the description of the CS and Podium steering wheels says that they come with QR1, after they offer you QR2 in the cart, if you choose QR2, you do not get free QR1, which is not actually free, but is included in the price. So someone who chooses QR1 and additionally QR2, gets both for the same price, as it should, but if after Fanatec offers him QR2 he chooses it, he doesn't get QR1 even though the product description says you get it. There's more, and it's not fair. Not at all. In this way, they damaged a lot of customers.
I'm so sorry for everyone, and I can't believe how badly they brought this up.
Hello and happy simming everyone.
They are likely to have considerable success with that.
A few years ago, the company "Dell" faced a situation similar to this, wherein they mistakenly offered Alienware Hardware on their website at an exceptionally low price. Numerous orders were placed before the error was rectified a few hours later.
Subsequently, the company attempted to invalidate these purchases, citing the mistake. However, their efforts were unsuccessful when customers took legal action.
The court ruled that once a contract is officially established, a company cannot unilaterally cancel an order or purchase, even if a pricing mistake was made on their part. This principle applies only if the contract has already been established.
The intricacies of this situation become particularly interesting depending on the legal rights of the country in question, as they can vary. In some jurisdictions, a valid contract is formed with the issuance of a purchase order or confirmation, coupled with the company receiving payment. In others, a valid contract is only established when the seller explicitly accepts.
Nevertheless, in the majority of countries around the world, a purchase order (PO) is already considered a legitimate and legally binding contract.
In the Case of Dell, not only did they have to fulfill all of these orders later on that they wanted to Cancel but some countries like Australia imposed some heavy Fines for the Company, just Australia alone fined them 6,5 Million US Dollars or about 10 Million AUD.
Conpanys like Dell also explictly "Reserves the right" to cancel an order due to pricing errors" in their TOS. However a TOS of a Company is never above Sate Law
Terms and conditions of Fanatec:
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The Seller may accept the Client’s offer within five days,
• by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or
• by delivering ordered goods to the Client, insofar as receipt of goods by the customer is decisive, or
• by requesting the Client to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.
From Dell´s TOS:
"Dell strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by Dell, in Dell's sole discretion.
Dell reserves the right to cancel orders arising from pricing or other errors."
Conclusion:
A company's Terms of Service NEVER supersedes state law´s.
I have now read the whole thing again in my native language on the Fanatec website and thus come to the conclusion that the purchase contract has already become legally binding by sending the order confirmation. He is binding on both sides. Thus, it should be illegal if Fanatec wants to withdraw from the purchase contract via email due to an error on its part. (to which you can no longer react in time, since their processing takes several weeks)
I am far from an expert in law, but for me as a layman, the AGB in Germany (ToS) must be formulated in an understandable and unambiguous way. Accordingly, I understand a legally binding contract that is binding on both parties as soon as the payment is made and an order confirmation has been received.
I made the payment and received an order confirmation by e-mail. Legally, they are not allowed to cancel my order at all, as the contract is valid.
But as we can see, they still do it with very many. But if no one resists it, Fanatec will get away with it.
It is therefore up to the customer to indicate the breach of contract and thus to come to their right.
I hope the best for you.
Thank you Fanatec i feel much more confident now that my package is in FedEx's hands delivery date sunday got tracking today
Everybody who ordered the 24th be patient
So when can people with cancelled orders containing the APM and V2.5 X expect to be refunded?