[CLOSED] Samsung 28'' Pure Flat Widescreen With Integrated Freeview TV + Cabinet £33

pinkonion

From their term & conditions

"1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.
1.3 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 your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions."

Although no expert it seems to me that when they sent me an email confirming that payment has been taken the contract became binding.

blueghost

just seen a post on uk.legal newsgroup, don't know the credentials of the poster so i don't know if its all true:

This is good old fashioned contract law stuff. Along with the
Carbolic Smoke Ball and all that sort of stuff.

In all probability, they did not offer to sell you a TV at 39 pound,
it was merely an invitation to treat, as British Pharmacutical Society
found out when they tried to do Boots the Chemist.

You indicated you wished to purchase, ie you made an offer. Before
doing this were you referred to any terms and conditions that would
apply to your offer? If there was a term allowing them to cancel and
refund if they discovered incorrect pricing, then most probably you
are out of luck.

If not and they process your payment, they have accepted your offer
and unless there are peculiar circumstances, there is a contract. If
they throw up fresh conditions after processing your payment, they
mean nothing. If they throw up extra conditions (ie a counter offer)
an ask you to finally confirm the order and process the payment
(acceptance), those conditions would also apply.

If they try and say the price was wrong, you can insist on 'specific
performance' ie they are obliged to deliver a TV as offered (or a
functionally equivalent one if they run out of the offered type).

Remember in the general case Offer + Acceptance = Contract and that
a shopkeeper does not make an offer by having goods on display. You
offer to buy them.

whitelabel

i received this
QuickFind:86649 - Samsung 28'' Pure Flat Widescreen With Integrated Freeview TV + Cabinet

During the processing of your order we have discovered the item(s) listed above are not currently
in stock to be dispatched. If the product is still shown on the website with a lead time of less
than 99 days then it is out of stock, however if it no longer appears when you attempt to search
for it or it has a lead time of 99 days, it is now discontinued.



Please note: At the time of this email the above product was out of stock, however things may have
changed and the item(s) may now be back in stock. If your order status is showing as "Payment
Taken" this means the item is available and your order is being processed. Therefore you may
ignore this email.



Where possible we have already allocated any other items on your order for 48 hours (this only
applies to products held in our own warehouses). This gives you the opportunity to remove/replace
the out of stock item(s) for one that is available, without losing the items you have already
ordered.



If you do not change your order within 48 hours from time of placement we will remove any
allocatation and make this stock available to other customers orders.
Please click on the link below to view your order, from here you have the option to remove/replace
these items individually, cancel your order, or place all of your ordered items back into your
shopping cart and start again (if you take this option then all allocation will be lost -
allocation is only maintained if you remove/replace the out of stock item). Alternatively you may
leave your order as it is and as soon as ALL items are available we will dispatch the order
directly to your door.
PLEASE NOTE: we will only ship your order ONCE ALL items are available and we do NOT process
payment until ALL items on your order are in stock and ALL the goods are available for dispatch.
We attempt to re-process your order every 30 mins (approx), this email will only be sent to you
each time the situation changes, if you are happy to wait then there is no need to contact us.
Regards,
Ebuyer customer support.

then half an hour later got this:


Dear CJ Lloyd,

This email is to confirm that your order for the following has been processed and that payment has been successfully taken.

Item: Samsung 28'' Pure Flat Widescreen With Integrated Freeview TV + Cabinet
Qty: 1
Cost: £28.08

---

The shipping address for this order is:
***************************
Shipping method: Standard Service* at £5.49

Net total: £33.57
VAT total: £5.89

---

Gross total: £39.46

---

Deliver by Date: Thu 10th March 2005
Depending on capacity we may elect to upgrade your order for no extra charge and deliver your order
early. Should we decide to do that we will send you an email informing you


let hope so

Lally

Just logged on to check my order, it has a status of 'stock warning'

"During processing of your order we have noticed that 1 or more items is either out of stock or discontinued. This will potentially delay the shipping of your order"

Tilliebet

I ordered one of these at about 11.20pm and have so far had confirmation of order and then confirmation of payment.

I'm not holding my breath but if we do get this there's a new local cancer unit who I suspect would be grateful for a nice raffle prize.

pepperoni_2

Well I ordered one last night and I've got up this morning and I felt really bad.
It may just be me but I have serious problems with taking advantage of peoples mistakes...and this is what it was, probably some poor soul who wanted to get away for the weekend and missed a zero off??
So I've cancelled mine....it would have been nice if it was a genuine offer but I really knew it wasn't. I'm all for money saving and grabbing bargains and I am grateful to this forum as I have made some real savings, but I worry what sort of culture we are nourishing when we all jump to take advantage of a genuine mistake, what will happen to the individual who made the mistake?..haven't we all made mistakes during our working lives?...I know I have and people usually helped me in those situations.
Well that's my Saturday morning ethics discourse over with...you may or may not agree but I certainly feel better.

CrunchyNutKat

Ive read and followed this whole thread from last night..
It seems to me that some people are so miserable and negative and take the fun out of this really good game!!!!!

We know its a price error,or we probably won't get the item,or its a gamble!!
(I dont think its a gamble)...
Thats why we like finding these little gems,at worst it was fun while it lasted and thats why most of us are on here cos we do love a bargain that we think we are not really entitled too.
I find it really fascinating...but the mizogs and the pesamistic people annoy me and state the obvious!!!

I hope everyone gets one and the mizogs miss out.....

Lally

Got this from the 'Help' section

"Stock Warning Some or all of your items are out of stock/discontinued. This will potentially delay the shipping of your order.
You should see an email and an order note detailing which of your order items ecountered problems. These items will be highlighted in red on your 'View Order' page, from there follow the links and take any remedial action neccessary.
Any remaining items showing as 'Allocated' will only stay allocated to your order for a maximum of 48 hours. If you do not act within this time these items will be de-allocated and made available for general sale."

Lally

They have changed the description

"Another Unbelievable Ebuyer Deal!!!!!!!!!!!!
Under 400 Pounds Inc VAT For a 32" Real Flat Widescreen TV With Matching Stand
This offer is valid until Wednesday 9AM

£340.41 £399.99 inc VAT"

So someone knows.

mrme

Lally wrote:

They have changed the description

"Another Unbelievable Ebuyer Deal!!!!!!!!!!!!
Under 400 Pounds Inc VAT For a 32" Real Flat Widescreen TV With Matching Stand
This offer is valid until Wednesday 9AM

£340.41 £399.99 inc VAT"

So someone knows.

Where does it say that??