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  • FIRST POST
    • easy_tiger
    • By easy_tiger 13th Mar 17, 3:41 PM
    • 76Posts
    • 25Thanks
    easy_tiger
    Are they obliged to honour this price?
    • #1
    • 13th Mar 17, 3:41 PM
    Are they obliged to honour this price? 13th Mar 17 at 3:41 PM
    Hi all,

    I have been wanting to purchase a Nintendo Switch for ages, I actually wanted it for launch.

    A website Gameseek had the console priced at £198 (rrp279.) For weeks before the launch and GS encouraged customers to subscribe to their stock alerts to purchase at the lower price to get a console on the launch date. They then announced they were doing a 'ballot' type system where people picked at random would be emailed a link to allow them to purchase at the 198 price in time for the launch.

    So anyway I didn't get an email. So I wouldn't be getting one on launch, if I'd known I would've just bought one at Rrp to get one on launch, however the £198 was so good I was happy to wait after launch to get one at this price.

    I email GS asking if their next batch after launch will be at the 198 price to which they clearly responded saying yes it would remain at this price. So I thought ah great, I'll wait then for their next batch and hopefully purchase at this price before that stock runs out.

    Today GS have priced their next batch, arriving in 10 days at the RRP (well I think a pound or so under.)

    Am I within my right to complain as the email clearly states the price would remain at 198.

    I could have ordered from Very, spread my finance and got 10% off ages ago, now Very are saying their next available stock isn't coming until the end of April.

    I totally understand I wouldn't have been guaranteed one at the 198 price as it'd be first come first serve but I still feel cheated.

    Any advice appreciated.
Page 1
    • Oakdene
    • By Oakdene 13th Mar 17, 3:43 PM
    • 963 Posts
    • 1,577 Thanks
    Oakdene
    • #2
    • 13th Mar 17, 3:43 PM
    • #2
    • 13th Mar 17, 3:43 PM
    Nope, no contract has been formed.
    • theonlywayisup
    • By theonlywayisup 13th Mar 17, 4:00 PM
    • 10,304 Posts
    • 6,918 Thanks
    theonlywayisup
    • #3
    • 13th Mar 17, 4:00 PM
    • #3
    • 13th Mar 17, 4:00 PM
    You are free to complain to anyone about anything. Is that your only query?
    "I suggest you read who's thread this is and you will find its MINE". sic
    • easy_tiger
    • By easy_tiger 13th Mar 17, 4:07 PM
    • 76 Posts
    • 25 Thanks
    easy_tiger
    • #4
    • 13th Mar 17, 4:07 PM
    • #4
    • 13th Mar 17, 4:07 PM
    You are free to complain to anyone about anything. Is that your only query?
    Originally posted by theonlywayisup
    As per the subject of my thread... are they obliged to honour the price.
    • Scorpio33
    • By Scorpio33 13th Mar 17, 4:16 PM
    • 433 Posts
    • 634 Thanks
    Scorpio33
    • #5
    • 13th Mar 17, 4:16 PM
    • #5
    • 13th Mar 17, 4:16 PM
    They don't have to honour it at all.

    An advertised price is just that - an advertised price (or an "invitation to treat").

    They are only liable to honour the price when money has been exchanged for goods (and so a contract has been formed).

    So nothing you can do I am afraid.
    • DoaM
    • By DoaM 13th Mar 17, 4:17 PM
    • 2,273 Posts
    • 2,261 Thanks
    DoaM
    • #6
    • 13th Mar 17, 4:17 PM
    • #6
    • 13th Mar 17, 4:17 PM
    Already answered - No (probably). Most online retailers have in their T&Cs that contract is only formed upon dispatch of the goods. Unless GameSeeker T&Cs say contract is formed on payment then there is no contract and all they have to do is refund you. (Just to clarify the above post ... contract is formed for online sales when the T&Cs say they are formed. If the T&Cs don't state then normal contract law applies).

    If you haven't even paid then the answer is categoric - No.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • were
    • By were 13th Mar 17, 6:56 PM
    • 310 Posts
    • 183 Thanks
    were
    • #7
    • 13th Mar 17, 6:56 PM
    • #7
    • 13th Mar 17, 6:56 PM
    No, they do not have to sell you atadvertised price, but as this site tells you "if you think a retailer is intentionally trying to misleading with pricing then you should report this to your local Trading Standards, which can be done via Consumer Direct (08454 04 05 06)", and this seems to be the case with you.
    http://forums.moneysavingexpert.com/showthread.php?t=3277262
    • GDB2222
    • By GDB2222 13th Mar 17, 7:11 PM
    • 13,734 Posts
    • 73,016 Thanks
    GDB2222
    • #8
    • 13th Mar 17, 7:11 PM
    • #8
    • 13th Mar 17, 7:11 PM
    No, they do not have to sell you atadvertised price, but as this site tells you "if you think a retailer is intentionally trying to misleading with pricing then you should report this to your local Trading Standards, which can be done via Consumer Direct (08454 04 05 06)", and this seems to be the case with you.
    http://forums.moneysavingexpert.com/showthread.php?t=3277262
    Originally posted by were
    Only, my experience with that help line is that they won't do anything.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • wealdroam
    • By wealdroam 13th Mar 17, 7:55 PM
    • 18,182 Posts
    • 14,985 Thanks
    wealdroam
    • #9
    • 13th Mar 17, 7:55 PM
    • #9
    • 13th Mar 17, 7:55 PM
    Only, my experience with that help line is that they won't do anything.
    Originally posted by GDB2222
    Whilst I understand that may have been your experience, doesn't that really depend on the severity of the problem being reported, rather that the 'quality' of the helpline?
    • wealdroam
    • By wealdroam 13th Mar 17, 8:06 PM
    • 18,182 Posts
    • 14,985 Thanks
    wealdroam
    No, they do not have to sell you atadvertised price, but as this site tells you "if you think a retailer is intentionally trying to misleading with pricing then you should report this to your local Trading Standards, which can be done via Consumer Direct (08454 04 05 06)", and this seems to be the case with you.
    http://forums.moneysavingexpert.com/showthread.php?t=3277262
    Originally posted by were
    There is a problem with quoting old forum posts.

    In this case for two reasons:

    1) Consumer direct no longer exist. Citizens Advice have taken over their function, and

    2) the Citizens Advice consumer helpline is no longer an 0845 number. It is now 03454 04 05 06 - very similar, but much cheaper.
    • GDB2222
    • By GDB2222 13th Mar 17, 10:01 PM
    • 13,734 Posts
    • 73,016 Thanks
    GDB2222
    There is a problem with quoting old forum posts.

    In this case for two reasons:

    1) Consumer direct no longer exist. Citizens Advice have taken over their function, and

    2) the Citizens Advice consumer helpline is no longer an 0845 number. It is now 03454 04 05 06 - very similar, but much cheaper.
    Originally posted by wealdroam
    Citizens Advice were more interested in trying to sort out my problem, rather than accepting that I was reporting a breach of the regs. They could not understand that there might be an enforcement aspect to the work.
    No reliance should be placed on the above! Absolutely none, do you hear?
    • were
    • By were 13th Mar 17, 11:27 PM
    • 310 Posts
    • 183 Thanks
    were
    A genuine typo fare enough, but It is just wrong to suck people in for weeks, never checking your price, build up the kids hopes, then holding the parents to ransom and let them deal with the aftermath when it does not arrive. There should be a law against building such a supply and demand market.
    • EdwardB
    • By EdwardB 14th Mar 17, 3:29 PM
    • 412 Posts
    • 319 Thanks
    EdwardB
    Hi all,

    I have been wanting to purchase a Nintendo Switch for ages, I actually wanted it for launch.

    A website Gameseek had the console priced at £198 (rrp279.) For weeks before the launch and GS encouraged customers to subscribe to their stock alerts to purchase at the lower price to get a console on the launch date. They then announced they were doing a 'ballot' type system where people picked at random would be emailed a link to allow them to purchase at the 198 price in time for the launch.

    So anyway I didn't get an email. So I wouldn't be getting one on launch, if I'd known I would've just bought one at Rrp to get one on launch, however the £198 was so good I was happy to wait after launch to get one at this price.

    I email GS asking if their next batch after launch will be at the 198 price to which they clearly responded saying yes it would remain at this price. So I thought ah great, I'll wait then for their next batch and hopefully purchase at this price before that stock runs out.

    Today GS have priced their next batch, arriving in 10 days at the RRP (well I think a pound or so under.)

    Am I within my right to complain as the email clearly states the price would remain at 198.

    I could have ordered from Very, spread my finance and got 10% off ages ago, now Very are saying their next available stock isn't coming until the end of April.

    I totally understand I wouldn't have been guaranteed one at the 198 price as it'd be first come first serve but I still feel cheated.

    Any advice appreciated.
    http://www.gameseek.co.uk/video-gaming-news/2795/gameseek-honouring-%C2%A3198.50-nintendo-switch-pre-orders

    Nintendo has at long last revealed the release date and retail price of the highly anticipated Nintendo Switch, and many of you have already emailed, tweeted and messaged us to find out if we'll be honouring our Switch pre-order price.

    We've got good news: everybody that ordered a Nintendo Switch at GameSeek will have their pre-order honoured at £198.50, over £80 lower than Nintendo's advertised £279.99 UK retail price.

    We'll be bringing you more news on the Nintendo Switch and updating our listing with all the latest information throughout the day, but thought it was important to let our customers know that their pre-orders are in safe hands before cracking on with business.

    Thanks to all that pre-ordered Nintendo Switch through our website, we hope the console lives up to your high expectations when it launches on March 3rd.
    Originally posted by Gameseek
    https://www.gameseek.co.uk/video-gaming-news/2858/nintendo-switch-back-on-sale-%A3198.50-at-gameseek

    Another chance to grab a Nintendo Switch at the lowest price anywhere.





    GameSeek is happy to announce that our customers will have another chance to pre-order the highly anticipated Nintendo Switch console at £198.50 before release day.

    You may remember our big news last month, following the Switch reveal by Nintendo, where we confirmed that we'll be honouring pre-orders from customers that purchased the Nintendo Switch from us at £198.50 - over £80 lower than the £279.99 RRP.
    This time we will be doing the mega offer on the Neon Red / Neon Blue Nintendo Switch consoles. We can also guarantee that the customers who pre-order at £198.50 will have their Switch consoles dispatched before release day!

    So when are the Switch consoles going back on sale at GameSeek for £198.50? Soon.
    If you want to get your Switch console on the release date £80 cheaper than the RRP - click the
    [URL="https://www.gameseek.co.uk/pd/VideoGamesmh8zh4f9f6/Nintendo-Switch-Console-Neon-Red-Neon-Blue-"]stock alert via our website (If you aren't already a GameSeek customer, you'll be directed to a page to create an account).

    This is the best way to be alerted as soon as the console is back on sale.

    We hope that those of you still looking to secure a Switch take advantage of this special offer.
    Originally posted by Gameseek
    CURRENT OFFER

    https://www.gameseek.co.uk/video-gaming-news/2917/

    Leave a comment on this news page below for your first competition entry. It's that easy!

    The lottery will go live on our social media pages tomorrow (14/03/2017); on this day follow the instructions on Facebook (2nd entry) and Twitter (3rd entry) to increase your chances of winning.
    We'll announce our randomly selected winner on Monday 20th March, just before we start another Golden Ticket Lottery, so keep an eye on this page to find out who it is. Good Luck!!
    Originally posted by Gameseek
    Originally posted by easy_tiger
    Until you enter into a contract there is no obligation, you do not actually need to have money change hands, if their website accepted an order and sent you a confirmation of that order then the contract would have been entered into.

    However, you can imagine that they would have sent you terms and conditions saying that prices were subject to change.

    It really does look like a publicity stunt, I can see that In mid january they issued PR statement suggesting it might be a mistake, but say they will honour orders

    http://www.eurogamer.net/articles/2017-01-13-uk-online-shop-says-it-will-honour-198-50-nintendo-switch-pre-orders

    Sounds reasonable except that they carry on promoting the SALE not the LOTTERY at the £198 price right up to February 24th calling it "the console deal of 2017".



    People on HotUKDeals comment that it is overpriced
    "
    benjammin316
    More than they are worth anyway

    alexjameshaines
    I think Nintendo have a problem with the pricing as when I ask people they exclaim "Nintendo? I'd pay about £150 max." they've got an image problem...

    benjammin316
    Been reading this morning about the Switch,

    LOL 1 - Nintendo confirms that the NES or SNES game you get per month with the new paid online service will only be available for that month, after which you have to buy the game to continue playing it. - NES/SNES games only. Good one!

    LOL 2 - Want to chat online? - You're gonna need a smartphone and an app to do that - Our new dedicated smart device app will connect to Nintendo Switch and let you invite friends to play online, set play appointments, and chat with friends during online matches in compatible games─all from your smart device.

    A free, limited version of this app will be available for download in summer 2017.
    - Just when you think Nintendo is finally getting a clue about online gameplay, they go and put in the worst of it.

    LOL 3 - 32GB HDD - The Legend of Zelda: Breath of the Wild File Size Is 40% of Switch's Storage - http://www.gamespot.com/articles/the-legend-of-zelda-breath-of-the-wild-file-size-i/1100-6446937/ - Sure just buy a micro sd - AKA another hidden cost to the consumer

    I know a lot of people say Nintendo is out of touch but god damn was that a showcase yesterday of just how out of touch they are."
    Originally posted by HotUKDeals
    ]
    And so it goes on..

    http://www.hotukdeals.com/misc/gameseek-honouring-nintendo-switch-pre-order-misprice-2600002

    You are doing the right thing to name and shame them with their shoddy treatment of you, another option is to reply to their tweets and relating them to your bad experience. "Well that is all very well but how can consumers trust you when you do not honour prices" with a link to this thread.

    If you have a screen shot of their email you can screenshot it, then include it in your tweets.

    I would also complain to the ASA, they do cover websites and website generated communications (email), this certainly has a bit of a ripe smell about it. Start by creating scarcity, then say there has been a mistake but will honour price, then carry on selling at the mistaken price right up to 24th Feb, over 40 days later!

    I am fairly sure promotions such as lotteries have to adhere to strict terms and conditions but that may only apply to free products. I cannot see any terms page referred to.

    I think what they did is absolutely rotten to create expectation and then disappoint.

    If you have that email I would be calling Stephen Staley out to honour the email his company sent you.

    If you still have the email (and header) then I would paste it here.
    Last edited by EdwardB; 14-03-2017 at 3:41 PM.
    Please be nice to all MoneySavers. That’s the forum motto. Remember, the prime aim is to help provide info and resources. If you don’t like someone, their situation, their question or feel they’re intruding on ‘your board’ then please bite the bullet and think of the bigger issue.
    • DoaM
    • By DoaM 14th Mar 17, 3:37 PM
    • 2,273 Posts
    • 2,261 Thanks
    DoaM
    Until you enter into a contract there is no obligation
    Originally posted by EdwardB
    Agreed.

    if their website accepted an order and sent you a confirmation of that order then the contract would have been entered into.
    Originally posted by EdwardB
    Not necessarily ... it depends on the terms applied. If the terms say contract is formed upon dispatch (regardless of payment) then that's when contract is formed (for online transactions). Please see my earlier post (#6).
    Diary of a madman
    Walk the line again today
    Entries of confusion
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    • EdwardB
    • By EdwardB 14th Mar 17, 4:58 PM
    • 412 Posts
    • 319 Thanks
    EdwardB
    Agreed.

    Not necessarily ... it depends on the terms applied. If the terms say contract is formed upon dispatch
    (regardless of payment) then that's when contract is formed (for online transactions). Please see my earlier
    post (#6).
    Originally posted by DoaM
    True Dat, although to be fair, I did refer to the terms.
    Please be nice to all MoneySavers. That’s the forum motto. Remember, the prime aim is to help provide info and resources. If you don’t like someone, their situation, their question or feel they’re intruding on ‘your board’ then please bite the bullet and think of the bigger issue.
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