Iomega External 80gb Hdd - £9.97+P&P Misprice? [CLOSED]

hasnath

just got this email

"Dear Sir / Madame

We are writing to you today concerning your order for the Iomega External 80GB 4200rpm USB 2.0 2.5 Inch Hard Disk Drive priced at £8.40. This is in fact a pricing error.

Unfortunately we can not release the goods for this incorrect price. If you still wish to order the product you can place another order for the correct amount and we will happily process the order. In the meantime if you wish your order cancelled and refunded please let us know. If we don’t hear anything from you your order will be cancelled and refunded in 28 days of purchase.

We are sorry for this inconvenience however from time to time there are pricing discrepancies which can creep through unnoticed.

Thank you for your understanding."

svkhtn

Haven't got any email or letter from them about cancellation yet !!!
However, my money was taken from my account already.

Too bad!!!
They kept my moneyyyyy!!!

carl_east

hasnath wrote:

just got this email

"Dear Sir / Madame

We are writing to you today concerning your order for the Iomega External 80GB 4200rpm USB 2.0 2.5 Inch Hard Disk Drive priced at £8.40. This is in fact a pricing error.

Unfortunately we can not release the goods for this incorrect price. If you still wish to order the product you can place another order for the correct amount and we will happily process the order. In the meantime if you wish your order cancelled and refunded please let us know. If we don’t hear anything from you your order will be cancelled and refunded in 28 days of purchase.

We are sorry for this inconvenience however from time to time there are pricing discrepancies which can creep through unnoticed.

Thank you for your understanding."

Hasnath,

Did they take the money from you via Nochex? If so then I think we'll all be receiving these emails. I still haven't received an email like that though.

Carl

hasnath

Yes i used Nochex, its even showed up on my barclaycard statement

carl_east

Oh well,

I predict the same fate for the rest of us to. Do their terms and conditions allow them to get out of their mistake?

Pity because I really was looking for a hard drive. And specifically a 2.5" one that I could power via a usb port on the laptop.

Wh1teDwarf

I got an e-mail too, so sent "Kevin" at Excite IT one of my own.. ...


Dear Kevin.

I am writing to advise you that a contract exists between Excite IT and myself.

This is enshrined in the Law of England and Wales.

Specifically

1 You made in the public domain, an “Invitation to Treat” in offering goods for sale at a given price.
2 You took and accepted payment for the same.

To quote your own Ts&Cs:

“By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive a confirmation e-mail from us or our payment processor. It is at this point that a binding legal contract is created.”

So, payment was taken (via NoChex), e-mails confirmations(s) received and so a legally binding contract is in place and I expect you to honour your part of this contract.

Had I ordered 100 of these things I could sympathise to a degree with your claim that an error was made, however with the law clear on the point of contract, I request that you reply within 5 working days confirming your shipping of this item. If you reiterate your pricing discrepancy claim, I will be forced to resolve the situation through the Small Claims process as I have been advised already that my case is strong.

Looking forward to your reply.

hasnath

nicely worded, let us know how you get on.
Shall we all send similar emails?

Wh1teDwarf

Just got this - looks like they're getting angsty. Suggest we all try the small claims route e-mail.

P

:

NOCHEX MONEY RECEIVED

** EMAILS ARE NOT GUARANTEED PROOF OF PAYMENT.
CHECK IN 2-4 WORKING DAYS TO CONFIRM THIS PAYMENT HAS BEEN PROCESSED.
THE CARD THE PAYMENT WAS PROCESSED TO IS REFERRED TO BELOW **

From: payments@exciteit.co.uk
To (card ending): xxxxxx
Amount: £15.69
Charge: £0.00
Total : £15.69

The money will have cleared within 4 working days

Message: [NO MESSAGE ATTACHED]


Regards,
NOCHEX Customer Services
http://www.NOCHEX.com

Smilers_2

I have had two identical emails from Excite about the pricing error, plus just had one from Nochex informing me of the refund.

carl_east

I've still had no word from them. I'm not sure why though. Surely if they are refunding people they will do it with everyone. Although I agree. If they take the money and the terms and conditions say it is then a legally binding contract then we must have some grounds for argument.

I think they're are just trying to get away with it here. They made a mistake and a very small few of us successfully had our money taken from us. This is obviously their first method of trying to minimise their losses. But they may be willing to let these go for the price if we complain.

Although I still don't have anything to complain about as they not sent me any emails apart from the order confirmation and the Nochex receipt.