Builders Warehouse - Useless

Customer Service
Builders Warehouse


Dear Sir/Madam,

Re: Demand for Fulfillment of Contract – Order Cancellation (Order No. 2022900391)

I am writing to formally address an issue regarding my recent order made via your online store. On 13 December 2024 at 09:30 AM, I purchased two 5kg Alva gas cylinders for the price of R50 each, under order number 2022900391. I also made a separate purchase for two additional cylinders through my company at 10:59 AM, which was subsequently confirmed, and payment processed for both transactions.

However, at 10:59 AM, I received a call from your store informing me that head office had identified a pricing error and as a result, my order had been cancelled. I understand that the price may have been mistakenly listed at R50 per cylinder, but I must remind you that, according to the National Consumer Protection Act (NCPA), once payment has been processed and an order is confirmed, a legally binding contract is formed between the consumer and the supplier.

I hereby request that you honor the sale as per the terms of our agreement. I refer you to the following key provisions of the NCPA which support my position:

Formation of a Binding Contract: According to Section 23 of the NCPA, when a consumer places an order and the supplier confirms the order and processes the payment, a contract is established. In this case, both transactions were confirmed, and payment was made, thus creating a binding agreement.

Unilateral Cancellation: While Builders Warehouse claims the right to cancel the order due to a pricing error, I must inform you that the NCPA offers protection against the unilateral cancellation of contracts unless there is a legitimate reason. A pricing error alone does not provide an automatic right to cancel, especially if the consumer could not have reasonably known it was an error. If the error was obvious, then a claim for cancellation might be valid; however, in this case, I do not believe the price was so unusually low that a reasonable person should have expected it to be incorrect.

Unfair Contract Terms: Section 48 of the NCPA states that terms in consumer agreements which are unfair, unreasonable, or unjust may be deemed invalid. If Builders Warehouse’s terms and conditions attempt to override the provisions of the NCPA and allow for cancellation of an order under such circumstances, such a term may be deemed to be unfair and unenforceable. Your terms cannot take precedence over the protections provided to consumers under South African law.

Consumer Rights: Under the NCPA, consumers have the right to fair treatment, and a supplier is obligated to fulfill the terms of the agreement once a contract has been formed. Builders Warehouse is required by law to honor the price at which the goods were ordered and paid for unless there is a valid and reasonable reason for cancellation (e.g., fraud or misrepresentation).

Given the above, I request that Builders Warehouse honor the contract and fulfill the order as placed, delivering the goods at the agreed-upon price. Failure to do so will leave me with no choice but to escalate the matter, including lodging a formal complaint with the Consumer Goods and Services Ombud (CGSO) or the National Consumer Commission (NCC), or seeking legal remedies through the Small Claims Court.

Please confirm your decision within 48 hours of receiving this letter. I trust that Builders Warehouse will adhere to its obligations under the National Consumer Protection Act and resolve this matter swiftly and amicably.

I look forward to your prompt response and the delivery of my order.

Yours sincerely,
Charl Erasmus
Order Number: 2022900391