NM
Ngqiqo M
1 reviews | Active since Jul 2016
09 Jul 2025, 10:45
Contravention of sale agreement by Flook Sport and Travel
purchased items from the Flook Sport and Travel online platform, and six days later I received an email stating that one of the items had been underpriced and would not be delivered.
This kind of behaviour seriously harms the credibility of online retailers. Once a transaction is completed and payment has been received—especially when funds are deducted from my account—the seller has an obligation to fulfil the order.
Flook should honour the purchase and deliver the item as agreed.
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Replies (7)0
Replies (7)
Flook Sport & Travel's replyOfficial
09 Jul 2025, 11:18Hi Ngqiqo - I wont bore you with the system glitch which resulted in some items appearing at way under our cost which i am sure you understand is not tenable as a retailer. I cannot sell it to you under cost but can sell it to you at cost if you would like or we will refund you in full - although this may have been actioned already? Please email me at *** if you would like this?
Flook Sport & Travel's reply09 Jul 2025, 11:18
Official
Hi Ngqiqo - I wont bore you with the system glitch which resulted in some items appearing at way under our cost which i am sure you understand is not tenable as a retailer. I cannot sell it to you under cost but can sell it to you at cost if you would like or we will refund you in full - although this may have been actioned already? Please email me at *** if you would like this?
NM
Ngqiqo M's updateReviewer Update
09 Jul 2025, 11:35Good day
I am asking you to deliver the items as ownership of the items was transferred to me immediately after the transaction was completed.
I am not asking you to sell me items under cost, but I am asking you to deliver the items as per the transaction.
At the point at which you received the payment for the goods, the ownership of the goods was transferred to me.
I am asking you to deliver the items as ownership of the items was transferred to me immediately after the transaction was completed.
I am not asking you to sell me items under cost, but I am asking you to deliver the items as per the transaction.
At the point at which you received the payment for the goods, the ownership of the goods was transferred to me.
NM
Ngqiqo M's update09 Jul 2025, 11:35
Reviewer Update
Good day
I am asking you to deliver the items as ownership of the items was transferred to me immediately after the transaction was completed.
I am not asking you to sell me items under cost, but I am asking you to deliver the items as per the transaction.
At the point at which you received the payment for the goods, the ownership of the goods was transferred to me.
I am asking you to deliver the items as ownership of the items was transferred to me immediately after the transaction was completed.
I am not asking you to sell me items under cost, but I am asking you to deliver the items as per the transaction.
At the point at which you received the payment for the goods, the ownership of the goods was transferred to me.
Flook Sport & Travel's replyOfficial
09 Jul 2025, 11:40No the CPA is there to look after consumers and to protect retailers from system errors such as this one - I can sell it at cost but not under cost - I will instruct them to refund you in full now if cost price is not acceptable to you?
Flook Sport & Travel's reply09 Jul 2025, 11:40
Official
No the CPA is there to look after consumers and to protect retailers from system errors such as this one - I can sell it at cost but not under cost - I will instruct them to refund you in full now if cost price is not acceptable to you?
NM
Section 23(6):
Ngqiqo M's updateReviewer Update
09 Jul 2025, 12:07The CPA is clear,
If the consumer has already completed the purchase (payment has been made and accepted), the supplier cannot cancel the sale simply because of a pricing error.
If the consumer has already completed the purchase (payment has been made and accepted), the supplier cannot cancel the sale simply because of a pricing error.
In such cases, the contract is considered complete, and the goods legally belong to the consumer.
Section 23(6):
If there is an obvious and inadvertent error in the price, the supplier is not bound by that price — provided they correct it and inform the consumer before the transaction is completed.
NM
Ngqiqo M's update09 Jul 2025, 12:07
Reviewer Update
The CPA is clear,
If the consumer has already completed the purchase (payment has been made and accepted), the supplier cannot cancel the sale simply because of a pricing error.
If the consumer has already completed the purchase (payment has been made and accepted), the supplier cannot cancel the sale simply because of a pricing error.
In such cases, the contract is considered complete, and the goods legally belong to the consumer.
Section 23(6):
If there is an obvious and inadvertent error in the price, the supplier is not bound by that price — provided they correct it and inform the consumer before the transaction is completed.
Flook Sport & Travel's replyOfficial
09 Jul 2025, 12:13I am not obliged to sell you an item below cost. Free delivery was advertised to you and not this price which was an error which was corrected and customers informed . The transaction does not need to be complete so you are misinformed. (FYI it was not completed as we did not ship you the item) and offered you a discount, free delivery and a refund. Funds should reflect in your account very soon
Flook Sport & Travel's reply09 Jul 2025, 12:13
Official
I am not obliged to sell you an item below cost. Free delivery was advertised to you and not this price which was an error which was corrected and customers informed . The transaction does not need to be complete so you are misinformed. (FYI it was not completed as we did not ship you the item) and offered you a discount, free delivery and a refund. Funds should reflect in your account very soon
NM
Ngqiqo M's updateReviewer Update
09 Jul 2025, 16:43Sections 20 and 55 of the CPA confirm that once goods are sold and paid for, ownership transfers to the consumer, subject only to specific exceptions such as defective goods or cooling-off periods, none of which apply here.
To reiterate:
- The transaction was legally completed.
- Payment was accepted.
- No valid reason exists under the CPA to cancel the sale after this point.
I therefore demand that the goods be delivered without further delay. The legal position is clear, and I reserve the right to escalate this matter to the National Consumer Commission should Flook fail to fulfil its obligation.
NM
Ngqiqo M's update09 Jul 2025, 16:43
Reviewer Update
Sections 20 and 55 of the CPA confirm that once goods are sold and paid for, ownership transfers to the consumer, subject only to specific exceptions such as defective goods or cooling-off periods, none of which apply here.
To reiterate:
- The transaction was legally completed.
- Payment was accepted.
- No valid reason exists under the CPA to cancel the sale after this point.
I therefore demand that the goods be delivered without further delay. The legal position is clear, and I reserve the right to escalate this matter to the National Consumer Commission should Flook fail to fulfil its obligation.
Flook Sport & Travel's replyOfficial
09 Jul 2025, 16:55You may exercise that right. You have been refunded in full
Flook Sport & Travel's reply09 Jul 2025, 16:55
Official
You may exercise that right. You have been refunded in full