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DVD player prices

Discussion in 'Shopping, Deals, Discounts & Bargains' started by danfrance110, Nov 21, 2003.

  1. danfrance110

    danfrance110
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    If I have seen a DVD player advertised for £300 less than anywhere else and decide to buy online as there has clearly been a pricing error where do I stand if they come back to me and say 'hang on' the price was wrong? Are they obliged to sell it at the advertised price if they have emailed back with order confirmation and the price is still clearly incorrect.

    Thanks

    Dan
     
  2. Bursar

    Bursar
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    It entirely depends.

    If the order confirmation is final (ie forms a contract that states you will buy the goods at a set price) then they should honour it.

    If it doesn't form a contract, then they are entitled to reject your order.
     
  3. Big Adam

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    Do tell, so we can all get a piece of the action!!
     
  4. DVDcake

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    Its only a contract once they accept the payment i.e take the amount from your credit card or cash your cheque. Up to that point they can still refuse to sell in the same way a high street shop could if the shelf price label was wrong.
     
  5. Bursar

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    DVDcake, that's not true. If the confirmation forms a contract, then it's binding.

    Remember the Kodak fiasco? They had a mis-priced digital camera and docking station thing. After people had ordered it, Kodak automatically sent out a confirmation email which specifically said that they had entered into a contract.

    Despite their prostestaions, Kodak honoured the price. I suspect that their automatic confirmation system no longer has such wording in it!

    On the other hand, I spotted a massively mis-priced Audigy card a while ago. I ordered it on the off chance, and received an email saying that the details of order would be checked, and if they were OK, they'd process the order.

    Needless to say I got a call from the company telling me the price was wrong, but I could still order it at the right price. I declined.

    But it all comes down to wording.
     
  6. sticker

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  7. hollie.weimeran

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    Sticker you are absolutely correct in what you say. The important factor is whether or not they have taken the payment.

    About 18 months ago I bought a NOKIA 8310 from Tesco.com (£120 instead of £275). They tried to tell me it was a mistake and that I had bought a 3410. It took me three months and intervention by BBC's working lunch team to get my telephone.

    Danfrance - you need to keep ALL correspondence and a copy of the original offer would be handy. If they have taken your money they may accept that they are obliged to provide the goods but they may wriggle to try and get out of it. Your best option in that case would be to correspond with them by proper mail and keep everything that is sent laying out the terms of Offer acceptance and consideration. Should they still not provide the goods (which by now may well have dropped by the said £300 lol) you would need to start legal proceedings.

    It depends how pedantic you want to be m8 if they don't want to play the game.
     
  8. yant

    yant
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    Sorry for being pedantic or overly honest but these threads less than desirable: "Hey guys, xxx.com have made an obvious pricing mistake. Let's go and order 500....0000 and either bankrupt them or if they don't honour, let's call watchdog and do a dirt throwing campaign cause I was not able to screw that company.


    Oh yes, the contract is binding...

    OK, you go to the supermarket, let's say Tesco. You buy a trolley load of thing, pay for it and walk away to your car. While walking, you look over at the receipt and find out that they overcharged you by £1.24 for an item in special offer that was not registered or entered correctly.

    What do you do?

    1- You say: "Oh, contract is binding I'll have to accept my loss"

    2- You go to customer service, point out the problem and expect the obvious mistake to be corrected.

    3- You go customer service, point out the problem and when they point out that you've signed on the dotted line and the contract is binding. You happily agree that they are right and walk out peacefully glad that a contract have been respected and come back shopping there the next week.

    And if the error is not £1.24 but £124.00 instead?
     
  9. yant

    yant
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    Oh, and while I am at it. I reckon Watchdog, BBC working lunch and other customer association should spend their limited energy helping customers that have been genuinely wronged by a company (and god knows there are enough cases) rather than helping peoples that are trying to screw a company because they have made an honest mistake.

    Now, if the low price was not obviously a mistake and one genuinely beleived the offer was real and possible, that's a totally different kind of fish. A mobile for £120 is not impossible. A top of the range mobile for £1.20 obviously is. If the company tried to refill you a lower grade product that is not what you bought, that's a different thing, they should at the very least refund the money on a price mistake. But if you follow some of the boards around that post about these kind of mistake, you'll know of what kind of mobbing of a company I am talking about.



    Yan
    Sorry, I feel moral today.
     
  10. Squiffy

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  11. Squiffy

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    Customers are not responsible for the mistakes of the retailers - they have no obligation morally or legally to avoid taking advantage of any pricing errors.

    Retailers alone are responsible for their own errors. If they are also foolish enough not to set their terms & conditions of sale to catch any of their mistakes, then that is their own problem.

    I'd have no compunction about trying to take advantage of any supplier who was stupid enough to mis-price their goods.
     
  12. DVDcake

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    So danfrance 110 where did you see this 'offer' originally and on what player? I am sure we would all like to know, well all except yant maybe.:D
     
  13. hollie.weimeran

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    yeh YANt won't be able to see it from the height of the horse he's currently sat on!
     
  14. yant

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    > Customers are not responsible for the mistakes of the retailers - they have no obligation morally or legally to avoid taking advantage of any pricing errors.

    Legally, maybe not. Morally? Hmm, as far as I know there are no universal definition of what is moral.

    Are retaillers responsible of the mistakes of customers?

    > yeh YANt won't be able to see it from the height of the horse he's currently sat on!

    So Hollie, why the agressive answer? Did I insult you? Did it hurt? Did you feel targetted? As I said, one can honestly think that £120 for a mobile was genuine. But one may also have read it at another board and tried his luck... You know which one you are and in one of the case, my post shouldn't hurt. The company should at the minimum have refunded you and admitted their mistake. And they should not have tried to send you a cheaper version.


    The reason for my post anyway is not the one case of someone asking what is his legal position and was not an attack on any of the posters. The reason is that this board is posting genuine bargains while some other boards seem to degenerate into a collection on how to screw a retailler either legally e.g. exploiting _obvious_ pricing mistake ala £3.00 instead of £300.00 and how then to force the retailler to give the item even after they admitted their mistakes followed by request for boycots of retaillers that refuse to play ball. Or how to screw a retailer illegally by reusing single use vouchers or by hacking into a website.

    Personally, I would prefer that this website stays on the side of safe genuine offers. And given the way the advert forum is run, it seems to me that the moderators have a similar opinion.

    If some unamed HIFI shop tries to screw the customers by advertising a DVD at £100 pounds in a mag by try to sell it to you at £130 when you go in the shop or claim they have none in stock if you arrive with the ad, by all mean, let's slang them and force them to sell at the advertised price. If they make an obvious pricing mistake like the decimal point to places wrong and apologise for it. Then I don't think we should set the dogs on them.

    Again apologies for those I offended by presenting a less "me first" viewpoint.

    Yan
     
  15. hollie.weimeran

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    It wasn't meant to be an aggressive answer, more tongue in cheek. The main point of this thread was to ascertain what the legal standing of an offer was and not whether it was morally right or wrong to take advantage.

    Of course it would be wrong to expect a company to supply a £2,000 item that was mispriced at £2, however, large companies will invariably use the legal system to their advantage whenever it suits them so why shouldn't this apply to everyone. If the company make an offer which is accepted and then they take money as payment for goods the deal becomes a legally binding contract. I have enough experience of the legal system in this country to know that morals count for very little when money is involved.

    Oh and just to set the record straight - I did actually believe that the mobile I bought was a special promotion when I saw it advertised.
     

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