47" LED Widescreen 1080p HD TV - £199 @ Pixmania price error

benready

Lynsey wrote: »

Or perhaps like Beckett v B&Q.;)

Anyone thinking of pursuing this down the legal route please take advice from Tom Beckett and Pocoyo and totally dismiss the "doubters", they are just guessers or even just "hobby bobby's".
A contract was formed and money was taken, the sale couldn't have gone through otherwise - you also HAD to accept the T&C's to allow for the sale to commence. The terms and conditions on the day of the actual purchase are the only ones that matter - NO OTHER ONES.

Good luck if you pursue this, you have an excellent chance for very little outlay. Imagine if small claims are taken out all over the country against Pixmania, it would cost a fortune to defend. It's a headache for them, but just like B&Q, it's their fault - no good closing the gate after the horse has bolted (changing their T&C's).


Lynsey

We are not discussing whether the sale was finalized or not as it does not affect the outcome. If there is an obvious pricing error then the sales agreement is considered void even if finalized.

The only 'route' you can go down is to try to find a judge that will support your claim that you believed the price was correct at the time you placed the order.

So far in these cases, not many people have been successful at that (I can't think of any cases right now). The case that set precedent for these cases had a 66 percent pricing error and the judge ruled in favor of the seller.

This does not (and usually is not) have to be part of the T&Cs.

I don't know where Pixmania takes their "price is vile" argument from, but if this was a UK seller following UK law, then this would be considered a void contract unless the customer genuinely believes the price to be correct.

Pocoyo

http://forums.moneysavingexpert.com/showthread.html?t=1766491

http://forums.moneysavingexpert.com/showthread.html?t=1439621&highlight=dishwasher

Some light reading for you Ben. :rotfl:

Lynsey

benready wrote: »

We are not discussing whether the sale was finalized or not as it does not affect the outcome. If there is an obvious pricing error then the sales agreement is considered void even if finalized.

The only 'route' you can go down is to try to find a judge that will support your claim that you believed the price was correct at the time you placed the order.

So far in these cases, not many people have been successful at that (I can't think of any cases right now). The case that set precedent for these cases had a 66 percent pricing error and the judge ruled in favor of the seller.

This does not (and usually is not) have to be part of the T&Cs.

I don't know where Pixmania takes their "price is vile" argument from, but if this was a UK seller following UK law, then this would be considered a void contract unless the customer genuinely believes the price to be correct.

I imagine you are a first year law student, an enthusiastic one. If not accept my apologies.

What I will agree with is you will need to find judge to rule in your favour and that small claims are different to the big world - but judges have to be guided by the law and the contract formed on the day. Pixmania will also have to abide by the judges ruling on the day at any given court - will they take the chance though??

Why would the customer not genuinely expect the price displayed to be correct??
It actually showed the discount percentage and how long the offer was valid.


Lynsey

Lynsey

benready wrote: »

So far in these cases, not many people have been successful at that (I can't think of any cases right now). The case that set precedent for these cases had a 66 percent pricing error and the judge ruled in favor of the seller.

Just wanted to add before I have my cocoa and go to bed, you are talking about cases that actually went to court aren't you??

What about the ones that were settled out of court??

BTW, can you post a pic of yourself, you sound like a nice boy??
Have you started shaving yet??

Lynsey

benready

Lynsey wrote: »

I imagine you are a first year law student, an enthusiastic one. If not accept my apologies.

What I will agree with is you will need to find judge to rule in your favour and that small claims are different to the big world - but judges have to be guided by the law and the contract formed on the day. Pixmania will also have to abide by the judges ruling on the day at any given court - will they take the chance though??

Why would the customer not genuinely expect the price displayed to be correct??
It actually showed the discount percentage and how long the offer was valid.


Lynsey

No, I am not a first year law student. If I was, I would be more qualified. However, I have been through a few of these cases.

My point is that arguing a finalized contract, not covered in T&Cs, loss of bargain etc. is only relevant if it is not falling into the category of Unilateral Mistake as to Terms. Which means, you have to make the judge believe that you sincerely believed the price to be correct.

I believe most people that ordered on this forum was aware of the price error (try to read through the first pages of the thread) and hence the sales agreement would be void.

lewt

1984ReturnsForReal wrote: »

If the market value was ever £1199...

More like £700-£800..

It was and is 1199 in lots of places have a look. if you find it for 700-800 buy it and get it on ebay.

I was looking at these a few months ago but went for the samsung in the end.

TBeckett100

All I am adding to this is the
Fact an email saying the order has been validated. So customer can believe the offer to be correct. Also no retailer sells at true value when the item is marked up for profit.

Lynsey

benready wrote: »

I believe

Ben, my dear, what you believe doesn't really matter. It's all down to law.
It doesn't even matter what I believe, or everyone would get their tv.

Anyway, let's not argue - how about that pic??
I bet you have a six-pack, :eek: and a face as smooth as a baby's backside.

Lynsey

TBeckett100

And why .suddenly change terms and comditions?

Pocoyo

benready wrote: »

I believe most people that ordered on this forum was aware of the price error (try to read through the first pages of the thread) and hence the sales agreement would be void.

How would a Judge know this from some anonymous comments on an internet forum? Isn't it a little difficult to link these to real people?