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

gizmoleeds

FF99 wrote:

2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, such Products are no longer being manufactured or we are unable to source relevant components. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you accept our suggestionsthen we will send you a revised Order Confirmation. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.

FF99 wrote:

Therefore, their only let out (under clause 2.6) is that they cannot source the items. Given that these are readily available 'in the market', they will not be able to rely on this let out. If they are not in stock now, clause 15 kicks in and they have to supply as soon as reasonably possible. They cannot simply cancel.

Being "unable to source the components" is given only as an example. It is not their "only let out".

FF99 wrote:

I will happily take them to the small claims court for breach of contract (loss of bargain) damages if they cancel. The information that they would have to produce to make good a defence based on clause 2.6 would be mind boggling in terms of its complexity and cost of production.

But their liability is limited to repaying you the monies you paid them. Am I the only person extremely suspicious of your apparent legal credentails :rolleyes:

hesjane

My son ordered two through his university site (one for him and one for me) and he has just checked with his card issuer and it has been debited. Looking pretty good then



Hesjane

rowantoad

ff99 i'm not a lawyer but i would tend to agree with you, thats my understanding.

this is certainly as clear cut as argos. they had their terms tighter than a fishes backside. on a side note did you have to check a box to say you agreed the terms on apple?

remember one lawyer said if its too good to be true it is and reasonable person etc, well £99 for a digital camera sounds about right actually.

Double_R_2

zincoxide wrote:

Well I'm gonna sue them for:

Loss of Bargain
Repetitive Strain - from watching & commenting on this thread
Upset - I'll be gutted when this gets cancelled
The fact it's snowing - must have something to do with them

Surely some no-win no-fee idiot would happily take this up for us?

Here Here! :beer:

davilown

FF99 wrote:

Won't work on their T&Cs (lawyer speaking here !)

"2.4 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order Form. Otherwise we will send the Order Confirmation by post. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email or telephone or mail.
2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, such Products are no longer being manufactured or we are unable to source relevant components. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you accept our suggestionsthen we will send you a revised Order Confirmation. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
15. Circumstances beyond our reasonable control: We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible."

They have accepted the offer and there is a binding contract. It is not a case of 'mutual' mistake as I was certainly not under a mistake.

Therefore, their only let out (under clause 2.6) is that they cannot source the items. Given that these are readily available 'in the market', they will not be able to rely on this let out. If they are not in stock now, clause 15 kicks in and they have to supply as soon as reasonably possible. They cannot simply cancel. In any event as at 21.18 this has been pulled at the discounted price but is still available full price so they must have them to sell !

I will happily take them to the small claims court for breach of contract (loss of bargain) damages if they cancel. The information that they would have to produce to make good a defence based on clause 2.6 would be mind boggling in terms of its complexity and cost of production.

Any other lawyers out there want to express a view ??

Not a lawyer but somebody who does not like seeing the little person person pushed around by big corporations. Thanks for the info - much appreciated and I will also follow to the small claims court

Ps is it possible for more than one person apply to the small claims court or is it on an individual basis?

:beer: monster

kinster_2

You should listen to yourselves with your entitlement mentality all hating on big corporations. If it weren't for them you'll probably won't have jobs

wireframebox

kinster wrote:

You should listen to yourselves with your entitlement mentality all hating on big corporations. If it weren't for them you'll probably won't have jobs

that would be why this is a student offer then. no jobs here! haha

gizmoleeds

Re. small claims court:

Apple's liability is limited to "Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered", per the terms and conditions we all agreed to. If you go to court asking for more you will be required to pay all of Apple's court costs as well as your own.

If Apple had done something wrong, I would support any attempt to sue them, but it is neither morally nor legally correct to expect a company to honour a mis-price. Apple are a large company, hopefully they will let the orders through and write off the loss - but if they don't just leave it.

kinster_2

wireframebox wrote:

that would be why this is a student offer then. no jobs here! haha

lol yeah, but you are being prepped on the production line to work in the near future

davilown

kinster wrote:

You should listen to yourselves with your entitlement mentality all hating on big corporations. If it weren't for them you'll probably won't have jobs

One: as with everyone, we all hate people who have more money than us
two; I'm not employed by a big corp.
Three; just let us vent our frustations - better this way than others
Four; Enjoy life!!!!!!!!!!!!!!!!!!!!!!!!!!11

:beer: monster