Fanatec is illegally withdrawing purchase contracts
Be ready guys, Fanatec is now cancel all orders when you order a f1 wheel with the advanced paddle module (APM) or a Xbox hub with the APM. Everything with the „APM Glitch“ (they called it like this) will be cancelled! It doesn’t matter if you want to buy it with or without this glitch and it doesn’t matter if your purchase was 400€ or 3000€. They just cancel it and give you a monstrous amount of 10% for your next order!
This is a customer service or isn’t it?
A lot of Fanatec customers are getting this email right now. I haven't received one yet, but according to their statement, it will hit anyone who had this "glitch".
blob:https://forum.fanatec.com/cab0c4c4-2d1f-4087-983b-28f833659045But here are the good news to all who get cancelled by Fanatec:
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.
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.
Comments
Let's wait of the further reaction of Fanatec.
I hope they will keep the official Black Friday discounts for us and we find find a solution without this additional batch discount.
In my opinion the worst thing will be we will loose the complete Black Friday deal and have to order the goods again without it.
In the mail they wrote they will contact us again because of the 10% discount for our next whhel order.
Faanatec, please think about your loyal customers and give us our Black Friday deals and don't caancel the whole order.
Thats not a correct behavior against your customers.
Illegal??? Hard words if you are not sure about what you are saying.
It's not the way you should handle you'r customers, for sure, but illegal is another Story.
If it's obvious that a failure in the System causes somthing like this (wrong discounts and prices), and even the buyer should realize thats something goes wrong, it's completly fine and covered by law that one Party cancel the contract.
Thats german law and i would say european law as well!
You didn’t read the ToS, that’s what they say about therselves! So I’m right with my words. They didn’t care of the law, they just want the money and nothing else.
The customers didn’t get more than the 10%. And then just for the wheel. What’s with the customers who ordered a complete setup which is over 2k and more? They where be cancelled and get a ridiculous 10% discount when they order it again… that’s more than 600€ more as the BF deals in my cart and that’s include the 10% discount code for the whole basket. This is ridiculous and by far unfair. But Fanatec doesn’t care. They just want the more money. But when they cancel my order too, I send all my received gear back and look at Moza, simucube or Asetek. This company is just a joke to be honest…
They are likely to achieve significant success when someone is going to be going for their rights.
If a contract already exists between both paties, one side cannot just simply "cancel" it and tell you it is void now. If theres already a legal binding contract this can only happen legally when BOTH parties specifically agree with this.
A few years ago, Dell encountered two situations resembling the current one.
Firstly, there was an incident where Alienware Hardware was mistakenly offered on their website at an unusually low price. Numerous orders were placed before the error was corrected a few hours later.
The second situation, more recent and focused on Dell Monitors, was limited to Australia. The company attempted to void these purchases, citing the mistake, but customers legally challenged and their efforts proved unsuccessful.
At that time, it was determined that once a contract is officially established, a company cannot unilaterally cancel an order or purchase, even in the case of a pricing mistake on their part. This principle applies if the contract has already been established.
The nuances of this situation are intriguing, depending on the legal rights of the country involved, 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.
However, in the majority of countries globally, a purchase order (PO) is already considered a legitimate and legally binding contract.
In Dell's case, not only did they have to fulfill all the orders they initially wanted to cancel, but some countries, such as Australia, imposed heavy fines on the company. Australia alone fined them 6.5 million US dollars or about 10 million AUD.
Several years earlier, with Alienware Desktops, they faced a similar challenge related to European laws. In this instance, they inadvertently omitted an entire digit from the intended four-digit price. Instead of a four-digit price, they sold it at a three-digit price.
The result was similar, although they were not fined in this Case, they still had to fulfill all the orders that came in prior to correcting the price.
Companies like Dell also explicitly "reserve the right" to cancel an order due to pricing errors in their Terms of Service (TOS). However, a company's TOS is never above state law.
So History shows us that mistakes can be costly indeed for a Company, but that is not the Customers fault whom acted with good faith and no malicious intent. I mean in the Case of Fanatec it was even their own webshop that suggested to Add the APM ... so in this case even a possible malicious intent is already out off Scope.
They will try to send the minimum APM, but I guess if u don't stop they will send you the APM. So fight xd
You didn’t read it correctly right?
they cancel all orders with this APM glitch without any other solution, so you lost all your BF deals and didn’t get any compensation for it. The 10% are just a joke from them.
yes but is ilegal, if u denounce legally they must send you the items, thats my point
But we have no choice to object, they sent you the email, then your order changed to has been cancelled. We can’t do anything. Also, don’t know when can the money be back.
This type of issue is not exclusive to Fanatec. A seller in Spain advertised the new Thrustmaster Viper TQS Mission Pack at 68euros (usually 450euros) and some people I know ordered it immediately, to the point the money was taken from their account. When the seller realised the mistake, they cancelled the orders, refunded the 68euros and offered 10 percent discount vouchers.
Not saying it’s the ethical thing to do, but mistakes happen.
Has anyone had a reply to any email send to them on this matter? I send an email on the 9th but haven't heard back yet.