Delivery delays at PS5: lawsuit against Media Markt and Saturn

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The chaos surrounding PlayStation 5 pre-orders continues. The console is sold out, and scalpers often go straight to work as soon as stocks are available again. Potential buyers continue to look inside the tube and customers sometimes waited until February 2021 for their delivery despite pre-ordering in September 2020 – despite goods paid for. That is exactly the crux of the matter. The consumer center Saxony sees reason to complain.

Lawsuit from the consumer center Saxony

The order was placed, the goods paid for – but they didn’t come. The consumer center Saxony filed a lawsuit against the MMS E-Commerce GmbH (Media Markt and Saturn) at the district court of Munich, how to Games economy confirmed on request. The allegation is “misleading business conduct”. It is about “ineffective general terms and conditions” as well as “consumer protection practices”. Behind it is the following: The consoles should be on their way to their buyers from November 19, 2020. But apparently Media Markt and Saturn sold more consoles than were available to them. Delivery problems delayed thousands of orders, a new delivery period was not mentioned. However, the dealers debited the amount from the customers. Option B would have been to simply cancel the orders.

The crux of the matter: purchase contract according to the terms and conditions

You justify yourself with the terms and conditions. The purchase contract only becomes effective when the goods are shipped. The order does not yet confirm a valid sales contract. The Saturn GTC states: “The order confirmation that is automatically sent after the order has been sent documents that the customer’s order has been received by Saturn, but does not yet represent an acceptance of the customer’s offer.” The consumer advice center sees it differently. The purchase should come about at the latest by the request for payment, which means that the dealers are obliged to deliver. In January 2021 there was already a warning and the request to submit a declaration of discontinuance. The dealers did not comply, and the lawsuit followed. There should be a result in ten to twelve months. The procedure is primarily about a decision on the terms and conditions. Compensation payments or subsequent deliveries are not the aim.

Saturn and Media Markt are handing out vouchers

As compensation for the delivery delays, the two retailers promised in January 2021 that they would receive vouchers in the form of a PS-Plus credit card. They are reserved for customers who had to wait four months or more. Like games economy reported, some vouchers arrived at some customers as early as February 2021. Either with the PS5 delivery or separately by post.
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