Argos nintendo dsi in black £79.99!

joey75

ok thankyou aliasojo was starting to get worried

joey75

dont know how to put as a new post but if you put the wii jog game in basket and the wii docking staion the docking station price comes up £0.00

Destroyer

joey75 wrote: »

dont know how to put as a new post but if you put the wii jog game in basket and the wii docking staion the docking station price comes up £0.00

i just tried this & i could get the Wii Jog & Twin Dock for £12.29 or add another Dock & get Wii Jog + 2 x Charging Docks inc 4 Rechargebale Wii Controller Batteries for £15.61 !!!

debtmess

sorry went out yesterday and first chance to get back online

ive still heard nothing from argos ! no missed phone calls nothing from courier
still stateing dispatched on my order page

nice of argos to treat people like this

Destroyer

If anyone fancies trying to collect the one i reserved from Cowley in Uxbridge i will send you the reservation number. It only has till the store closes today remaining.

the182guy

biglugs wrote: »

If you argue that you didn't know the T&Cs before you bought they can argue that they are online, and in the catalogue, and since you couldn't know about this offer without using one of those sources you can't say you didn't have access to them.

Absolute nonsense. I heard about the offer from word of mouth, not from finding it on the website or catalogue.

T&C's are only relevant if the customer has explicitly accepted them. Just because they are available on the website does not make them relevant to my telephone order. Furthermore, if even by some miracle those T&Cs do become relevant to my telephone order, they are superceded by my Statutory Rights, and thus are redudant.

This is different for online and catalogue orders because you have to explicitly accept the terms, however for telephone orders no terms are asked to be accepted or even read to the customer.

I do agree with you about for some people it's just not worth the hassle of fighting it. I think those that have children expecting the DSi will be more inclined to take this further.

Cheshire_Carper

sim11 wrote: »

Argos are not only in breach of there terms and conditions, which frankly are not worth the paper they are printed on. Consumer law and Contract Law, completely override there t&cs. If payment has been taken, you have already formed a contract.
.

This is spot on. The issues here are regarding an enforceable contract. Argos are in the (legal) wrong. Their T+C have no bearing. They can exempt and exclude all they like but contract law is contract law. I have spoken about this on HUKD and am very tempted to put together a two pager, laying out the law for them but I am currently revising.

If anyone wants some help with the nuances of contract law, I can give advice. This is an eminently winnable issue. The dispatch issue is not relevant to the argument. The contract was established when the phone order and card details were taken.

(This does *not* apply to Argos reservations, they are *not* enforceable contracts). But for those that had an order accepted and an order number given, you have a very solid case and the common law sits firmly on your side.

cubegame

Give it a rest! Is it really worth working yourself into a state over something like this and wasting the time of trading standards etc.

Shoot me down in flames but by the time you've actually wasted hours and hours ranting until you're red in the face, you might as well buy an 80 quid DS (which is the same as the DSi anyway!) and play that instead!

I lost out too as I turned up in store with a reservation and was turned away at 9:30am!

Cheshire_Carper

the182guy wrote: »

T&Cs do become relevant to my telephone order, they are superceded by my Statutory Rights, and thus are redudant.

It is worse than that though. You common law rights of contract over ride their T+Cs. We need to rely on contract law here, not Statutory law. Statute law, such as SOGA or SOGASA or UCTA may help with weasely exemption clauses or unfair terms but what we rely on here, is cold hard common law. The formation of a contract and its enforceability.

If anyone from Argos's legal term is reading this forum, I suggest you start to read some Contract Law text. Adam and Brownsword's 'Understanding Contract Law' is a good rudimentary start. You will need that detail in the future Read the chps on formation of a contract, enforceability and the will and reliance theories

Cheshire_Carper

cubegame wrote: »

Give it a rest! Is it really worth working yourself into a state over something like this and wasting the time of trading standards etc.

Shoot me down in flames but by the time you've actually wasted hours and hours ranting until you're red in the face, you might as well buy an 80 quid DS (which is the same as the DSi anyway!) and play that instead!

I lost out too as I turned up in store with a reservation and was turned away at 9:30am!

You completely miss the point. This is an issue of misrepresentation and has great implications for retail. It is setting the precedent that retailer can offer something for sale which you buy, then they decide to change their minds and renege on the sale.

Look at the inverse. You wish to buy a car. You go to the garage and you put down a deposit. You wait a week to collect it. In the meantime, the garage decides the car is now worth more. In law, their charge of heart is irrelevant. The contract was formed when the offer was accepted. As it stands in law now, you can *force* the sale upon the garage. Their position of change means nothing.

Now, in your 'accepting scenario', you have you heart on the car and when you go to collect you cannot. They have changed their minds. Now, imagine that scenario for EVERY piece of property on the planet. No one would know where they stood. You try to buy tooth paste from a chemist, as they put it in the bag for you, they snatch it back.

You are half out of the shop at with a trolley of food and you are pounced on by the shop owner.

Accepting this sort of practice as 'ok' is destabilising in the longterm.