Online price change - enquiries ignored!!

RagingKileak

Hello all,

First time poster

I have a problem with a large online retailer, they basically ran a sale a couple of weeks ago and I ordered an XBOX game for £12.95.

It wasnt in stock, but I wasnt in a hurry so I basically thought ok, lets see when it comes in.

Two weeks later, they amended their sale price to £9.95.

I saw this, and emailed them asking for the reduction to the lower price... The next day the game was dispatched and I was charged £12.95...

I got an email the following day saying 'Sorry, its been despatched etc etc'

I replied citing that I wanted a refund, that I could have cancelled my original order and re-ordered at the lower price etc as postage is free anyway (I originally ordered with another item)

Anyway, I have replied again stating that I am confident that the lower price should have been honoured (trying a bit of muscle flexing really) but they have come back with a nameless, faceless, cut and paste reply which is completely dismissive.

I want this £3.00. Its the principle now... I want to teach them that they cant just do that to someone...

The problem is I cant find any regulations to support me really... Can anyone assist?

Matt

RagingKileak

I have on many occasions taken advantage of mispriced items etc, and on any occsion (which is more often than not) that the items are cancelled because it was a genuine misprice etc, I have never whinged/!!!!!ed/moaned about it etc.

I have also on occasion pre-ordered items which have in turn gone up to a higher price - on some occasions I have kept my order at the higher price, and in some cases I have cancelled it.

Regardless, that is completely irrelevant in this instance, and even if it was relevant - its pure speculation on your part, you dont know me, you dont know anything about me and so you have no idea what I would or would not do in a similar but slightly different scenario.

With regards to my argument being null and void, it is absolutely not null and void - and I promise you I will be getting that £3.00 back.

I have every right to it at the lower price, and I will have it. Like it or not.

Matt

hjb123

how long have you had the game? would the distance selling regulations come into effect at all?

RagingKileak

hjb123 wrote: »

how long have you had the game? would the distance selling regulations come into effect at all?

Well I was certainly hoping so.

I have had it for about two days...

I cant believe that for example, if you buy something on Monday, and the price drops on Tuesday that you have no grounds for complaint... That is effectively whats happened here.

Clearly they ordered it for one price, achieved a lower price break or whatever with a supplier and subsequently put it on sale at a lower price than the original sale price...

I thought it would be a relatively simple thing - they would just change the price to reflect the lower one...

Now that has passed due to their slow service, I am only asking for the refund - credit would be acceptable to be honest, but what I have not hinted at much is the sheer disinterest in the way that my emails have been dealt.

I feel a lot like I was dealing with the bloke who has commented here - basically to be told I am a moron... I am not a moron for this, I spotted the lower price, I made a request for it to be honored etc... I dont believe I am being unreasonable!

Matt

derrick

LinasPilibaitisisbatman wrote: »

There is no regulations to assist

There are regulations to assist, the are the Distance Selling Regulations.

OP, have a look at this; - OFT Business Guide to DSR

You have 7 working days beginning with the day after you receive the goods to return without reason any item,(with a few exceptions), that you do not want, although, (assuming it is in their T&Cs), you may have to pay the return P&P.

i.e. from page 25; -

What specifically do I have to refund to the consumer if
they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made,
including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

From page 27; -
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you
have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56 If you did not include these details in the required written information
then you cannot charge anything. See paragraph 3.10. You can never
require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.


This is the OFTs Guide for consumers

Meepster

I was going to write a very long winded answer, but I cant be bothered:

You were happy with the original price, they do not have to offer you the goods at the reduced price.

As said above, if you aren't happy, send them back under the DSR's, and re-order at the new price. If you have to pay the cost of returning the item, it should only cost you a couple of quid, so you should still get a few pence back...

RagingKileak

Hmm thanks Derrick,

The thing is, I dont want to return it really, and I do want the product - I just want the difference refunding...

Is there anything that helps me in that respect?

Matt

Ivory_Tinkler

Even large companies like M&S do this. When you place your order that is the price you agree to purchase an item for and the company will send it to you at that price. I've ordered stuff from M&S only to find that they have had a 20% off day or some sort of sale and the price has gone down after my order has been sent out. As others have said, providing the game hasn't been unsealed then you have the right to send it back under distance selling laws and reorder at the lower price.

stugib

RagingKileak wrote: »

The thing is, I dont want to return it really, and I do want the product - I just want the difference refunding...

Is there anything that helps me in that respect?

No! You entered into a contract to pay £12.95. Other customers entered into a contract to pay £9.95. The two are not related!

Amazon do, or used to do this, within 30 days but that's their own policy. There's no legal avenue to claim the price difference, or moral obligation IMHO.

daveboy

LinasPilibaitisisbatman wrote: »

Your a moron because you ordered it at that price and have no right to it at the lower price. you would have expected them to honour the price.

You didnt cancel it so your argument is null and void.

I agree with the point made (on ordering at that price) but need to say one thing, after having noticed this in other threads.

The above quoted user needs to watch what they say on here, as I for one won't hesitate in reporting them. You may disagree with someone but there is a manner in which you do so.

Your comment at the start of the thread is out of order and is not welcome.

RagingKileak

daveboy wrote: »

I agree with the point made (on ordering at that price) but need to say one thing, after having noticed this in other threads.

The above quoted user needs to watch what they say on here, as I for one won't hesitate in reporting them. You may disagree with someone but there is a manner in which you do so.

Your comment at the start of the thread is out of order and is not welcome.

He is a keyboard warrior mate, he wouldn't dare say it to my face, forums like this are full of them.

Well I guess it looks like I am scuppered, although I am !!!!!! off about it.

I dont like the way this deal was done - its blatantly obvious that the reason it happened was due to the company being incompetent - someone in the buying team didnt realise that the first time round it was £12.95 when they put the second sale on or whatever... I know this because I used to work for a similar large online retailer.

I think that whatever anyones opinion is, this is bad customer service and perhaps it seems there is no legal obligation to refund me - but I would argue that its a bit morally suspect.

I mean come on - they blatantly ignored my first email, then had a good laugh at my expense.

My argument will always be that I applied 'good will' when I emailed them PRIOR to despatch and asked for the goods to be sold to me at the lower price...

I could easily have excercised my right to cancel and reorder, which I didnt do.

So what I am saying is that because I excercised 'good will' I feel the moral obligation on this company is to excercise 'good will' as well - I dont understand how this cant make sense to ANYONE!!

Matt