Olympus E-1 Digital SLR - £98.70 (Apple Education Store) [CLOSED]

rowantoad

Apple please go and sit on the naughty step.

http://comment.silicon.com/weeklyroundup/0,39024756,39155408,00.htm

Funny!

I think they're giving them a good kicking for their failure to answer quite reasonable questions. No sign of this in the newspapers? Apple is the darling at the moment.......hmmmm

StudentOfLaw

Hello all,

This is my first post, but I felt I needed to let you all in on a few home truths. I'm currently doing my LPC after getting a first in law, and whilst doing my LPC i'm employed by a local law firm, who specialise in contract law.

Being a student, I thought I would take liberty of this deal and order a camera at the 'special deal' price, but like many of you I found that it didn't arrive and they held my money back.

I discussed the case with the directors of my law firm and they said there may be a case but it would hinge on Olympus, not apple. As such we contacted Olympus who replied:

Please include the following line in all replies OCS.
Tracking number: OT20060106_0000000149

Dear Mr xxxxxx,

The E-1 is discontinued but at the same time part of a new and already big
system that continues to grow.

All the exosting parts and coming parts will be supported by the E-1.

The reason Olympus choose to make a totally new SLR camera system from
zero was among many that the digital media in much greater extent needs
the light to hit the sensor in right angle, unlike the analogue film
media. Other reasons was to have a complete system made only for digital
and with total communication, body-lens-flash, also all digital. This
includes firmware updates to body, lens and flash.

Please read more about the fantastic and unique Olympus Four Thirds-System
here:
http://www.olympus-pro.com/index.eu.en.html
http://www.wrotniak.net/photo/oly-e/index.html
http://www.fourthirdsfaq.com/
http://www.4-3system.com/
http://www.myfourthirds.com/

Kind regards Kalle Borch

As such Apple have not breached contract, and we'd have a very difficult time proving otherwise. Granted it may have been a pricing error, but in a court of law Apple would say that they were happy to complete all the transactions but the cameras are no longer produced by Olympus and us such we pulled out of the contract under section 2.6 of the terms and conditions.

As for customer service, The email cancelling the order was apologetic (good CS), the money is not held back by Apple but by financial institutions who have to process Apple's instructions, so to those who have not had a refund like I have, you need to pressure your bank. I've also advised Apple's Legal section on the email I received and asked them to disregard my previous correspondance as it may harm my future professional status.

I'm sorry everybody, but we have no leg to stand on, Apple are in the right!

Many thanks.

The_Negotiator

Ok, good response but could you help with this please?

So does exchange of money mean nothing?

On the B&Q thread, a similar thing happened and a number of people are taking B&Q to court for it, so I guess we could see the outcome of that as a guide?

Are they allowed to advertise and take payment for items they don't have in stock and won't source?

A number of people, including myself, have been told my olympus that they can supply the E-1, why are you taking your email as fact?

Flimber

StudentOfLaw wrote:

Hello all,

...

I'm sorry everybody, but we have no leg to stand on, Apple are in the right!

Many thanks.

Apple employee trying to scare everyone off, eh ?

StudentOfLaw

Sorry to dissapoint but i'm not an Apple employee, just a genuine bonifide student of law!

The B & Q case is interesting but not really relevant. What would be relevant would be a Case such as Beale Co vs Kodak, where the case hinged on Beale and Co proving that although Kodak's price was a mis-price, it was in fact advertised as a special offer, and as such could have been 1p and Kodak would have had to honour it. Apple did advertise this as a special offer so that could be grounds to fight the decision, but as I previously said the contract has not been breached. Olympus have discontinued the camera, and may well still have a number of camera's available which can be sourced, but they will not be producing anymore. Apple therefore have a loophole which they have exploited, and like I said we have no leg to stand on.

I'll gladly write a legal letter for anyone in which Apple may respond favourably and offer some kind of peacemeal, however my name will not be given as it could have serious reprocussions for myself and the firm I work for.
:money:

harryc_3

Flimber wrote:

Apple employee trying to scare everyone off, eh ?

now now no need to be cynical...

i appreciatre studentoflaws input. On the legal side of things hes probably spot on.Im sure that apple's men in suits will be providing the best advice that money can buy.

but there is one small point that still needs addressing and studenoflaw fails to address.

I for one took to mean when i recieved the confirmation email that apple had the stock and where about to arrange delivery of my camera.
the heavily discounted price may have been a relefction that the camera was indeed about to become a dicounted model..

the question is simple..did apple have any camera available on thier shelves , if so did anyone I repeat did anyone recieve a camera at the price quoted...until the stock ran out...

and finally if apple had no such cameras then what is the legal stance of advertising goods knowingly they where never available.

POET_3

Flimber wrote:

Apple employee trying to scare everyone off, eh ?

Very strange that isnt it?

Concidering most people, if not all, found the deal through either MSE or the dvd forums(unless they happened to be looking on the apple/education/DSLR section of the site that particular day), our newly registered ''law student'' who also ''just happens'' to specialise in contract law also '' just happened'' to buy one.
Im not sure about this site, but i do know that dvd forums only allow limited access to view forums until registered with them - that meant the olympus DSLR thread was only available to registered members.

....Oh, and on his first post he happens to sympaphise with us all, but informs us that we havent got a leg to stand on!!! ...in which case, i imagine we should all go away and forget about the whole sorry business.
....;.........Yeah whatever!!!

Call me sceptical, but please dont call me stupid.......

Thirdfox

StudentOfLaw wrote:

Sorry to dissapoint but i'm not an Apple employee, just a genuine bonifide student of law!

you mean bonafide student of law right?

On a more serious point, Olympus have confirmed to me that the E-1 is a "current model" after I had asked them whether the E-1 was still in production by Olympus. What contact point did you use?

Secondly could we not use "loss of bargain through misrepresentation"?

Thirdly Apple have not stated that it was a misprice at all. All my communication to them (apart from one instance) have resulted in them stating that they have no stock. Indeed the fact that this exact same offer was available to us Irish students seem to suggest that it was not a misprice at all.

The_Negotiator

Why is B&Q not relevant, no misprice was made, Apple are simply out of stock.

WIth B&Q, people bought items, waited for delivery which never came, with Apple, people bought items, waited for delivery which never came.

So, why can it not be compared? I assume the people who are taking B&Q to court have a basis to do so and I see no real difference in cases.

But my questions still remain:

So does exchange of money mean nothing? I thought statutory UK law meant that this formed a contract to supply?

Are they allowed to advertise and take payment for items they don't have in stock and won't source?

A number of people, including myself, have been told my olympus that they can supply the E-1, why are you taking your email as fact?

POET_3

Hello Studentoflaw,

I coudnt help but notice that you registered as a member of MSE this morning,
If you dont mind me asking, where did you see this special offer on that doomful day for apple?