Argos nintendo dsi in black £79.99!

Cheshire_Carper

If I haven't made the point strongly enough, let me make it again. For those that purchased the item by calling the Argos HQ and giving them a credit/debit card number and receiving an order number, you have an eminently winnable case. (The dispatch bit that people are discussing is irrelevant (whatever the terms may state, those terms are a red herring in this case) you need to rely upon the formation of a contract. When the call taker approved the order after taking your card and gave you an order number, at that point, the contract was formed. An enforceable contract.

For those that reserved via text/online and got a reservation number to permit you to go and collect, you have *no* enforceable contract. That is not a winnable case.

flower24

Mumof3kids wrote: »

I went to argos yesterday (quite a drive away) after reserving one 2 days ago and after a very heated argument with the manager he said he was not backing down at all and he would give me £20 off for my inconvenience, i asked him what he would throw in with it as you can get better than that with one of their deals, he said nothing and that they have been told by head office not to sell any of the dsi's without management first checking the order. I also had a complete printout of the item with the £79.99 clearly on there and i was there for ages arguing but he really wouldnt back down. They had also cancelled my reservation (without my knowledge) so that also wound me up as it was for my daughter and she was in tears when she was told that we couldnt afford to pay full price as she was so excited but obviously the manager had no compassion.

Well done to those who did get one and i might try the price match thing tomorrow as still have the printout. I might be able to scan it in and send copys to anyone who wants one (although the manager did write £129.99 on it but you can still see that the price is £79.99!

why on earth would you tell you daughter you were definitely getting her one when you knew it was a glitch and you wouldn't be able to afford one at full price?!

aliasojo

Just thought I'd also throw this into the ring....when I spoke to the MD team at Head Office, the person I spoke to said there were two 'interpretations' in the management team (her word not mine) as to what constitutes a contract. Her view was that my order should have been fulfulled as a contract had been formed but she was under express direction from above to refuse all orders.

It seems obvious to me that they are counting on the majority of people letting this go. It's clearly going to cost them less if they only have to deal with the 'hardened consumer' and even then they would probably settle before reaching court stage, again avoiding costs.

Fulfilling everyone's orders from the start would cost them much more so they'll push this as far as they can, regardless of the legals.

TS also say that they had made a contract and that it would be up to a sherriff (I'm in Scotland) to decide whether this could be viewed as a misprice or not. Given that the price was not an unrealistic amount (like the 1p tv's he cited as an example) then it's acceptable to view this as a loss leader type bargain. Argos are known for low prices and price reductions which often revert to higher cost after a short period, so it's reasonable to see this in the same vein.

silly_sausage_4

Hi, is the best way to take this forward through the small claims???

Destroyer

What makes it worse for me is that i gave my young nephew my old DS as i was getting a new DSi from Argos. Theres no way i can ask him for it back now.

Cheshire_Carper

silly_sausage wrote: »

Hi, is the best way to take this forward through the small claims???

A letter needs to be written, laying out the formation of a contract for them in simple terms.

This needs to get in front of their legal team. The letter needs to give them the option to accept the existence of a contract, as one certainly exists. Explain it is enforceable in English law and give them the opportunity to redeem their error.

Take it from there.

flower24

IMO it was obvious that it was a pricing error. I'm all for people taking advantage of glitches but I think getting mad and talk of taking companies to court or whatever is going too far.

And people who have promised them to kids, well you've only yourselves to blame, surely you should know that there was every possibility you wouldn't get them at that price?

Destroyer

Happy New Year To All At Argos !

Cheshire_Carper

immynjoesmum wrote: »

IMO it was obvious that it was a pricing error. I'm all for people taking advantage of glitches but I think getting mad and talk of taking companies to court or whatever is going too far.

And people who have promised them to kids, well you've only yourselves to blame, surely you should know that there was every possibility you wouldn't get them at that price?

See the ramifications of this way of thinking though, my post on p21, post 413

veruccasalt

immynjoesmum wrote: »

IMO it was obvious that it was a pricing error. I'm all for people taking advantage of glitches but I think getting mad and talk of taking companies to court or whatever is going too far.

And people who have promised them to kids, well you've only yourselves to blame, surely you should know that there was every possibility you wouldn't get them at that price?

This was originally posted at 9.17am, and by 9.24am it was already being posted that the offer wouldn't work on the Argos website.

So people promising DS consoles to nephews were also rather premature.