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anewman

Graham_Devon wrote: »

Just one question. Why are they taking the money?

It's automated, acceptance of payment technically forms a contract. you could try small claims court action but doubt you'd be lucky.

Graham_Devon

Their T&C's contradict themselves then.

5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products.

They have not shipped, nor issued an invoice, nor processed. But they have taken the full sum of money.

Like I say, I have never known this with a misprice and have done near 100. This is going one, very important step into making a sales contract. Non have ever taken the money. They would only take money once order has been packed or gone to processed. As with Dell, I have had to wait 2 weeks for their misprices, but they only take it once they accept the mispriced order.

As for small claims court, im not that sad!! Mistakes a mistake, but this is interesting to me, as they HAVE now formed a sales contract. Their T&C's do not matter.

It's only the actual law which matter, of which I would think, from my beginners knowledge, they have accepted the order. However, any court or small claims court would overule this.

It's actually looking quite promising. As it's been 2 business days and they have not stopped, cancelled or even informed the customer. This will be the third business day.

zappster1966

They've taken the £25 odd from my account this morning. But my order status is still as it was yesterday "not yet despatched". No email or phone call to advise there's a problem. Will update if I hear anything later today.

Off to work *boing*

braken2000

I have just got this off BBC, it is not aimed entirely at this situation, but does seem to offer some advice

Generally speaking, in contract law terms, a retailer doesn't have to sell an item at the marked price. For there to be a binding contract there has to be an offer which has been accepted. In the context of sale of goods, the offer is made by the customer when they present the goods at the payment point (if the customer offers to buy the goods at the marked price).
The till operator is then free to accept, or reject, that offer. This means that if a till operator spots that goods have been mispriced, they can reject a customer's offer to buy at the incorrect price, and offer the customer the chance to buy at the correct price.
The customer may decline or accept that offer as he or she chooses. Inevitably, retailers will make the odd mistake over pricing, but if you become aware that a certain retailer makes a regular habit of doing it, we suggest you report the retailer to the trading standards department of your local authority. In certain circumstances, misleading pricing will amount to a criminal offence, and trading standards departments have the authority to investigate, and, if appropriate, prosecute.

Perez

zappster1966 wrote: »

They've taken the £25 odd from my account this morning. But my order status is still as it was yesterday "not yet despatched". No email or phone call to advise there's a problem. Will update if I hear anything later today.

Off to work *boing*

They've taken payment from me too... Hopefully that means they'll honour the price on the website. They have indeed contradicted their own terms and conditions by taking payment but not issuing an invoice/dispatching the order - could this mean they might not have a leg to stand on if they try to cite the misprice blurb from the T+C's?

braken2000

I hope so.

When I worked in a shop we had a camera on sale but was mispriced at £99.99 instead of £299.99. The guy who tried to buy it was a solicitor and knew his stuff. He basically said that if you advertise it for more than 24 hours at a price, then that is the price it is.

Because we all have an order sheet that has been there for at least 24 hours, could that count?

Perez

Not sure - really need someone who's properly clued up on this sort of thing to tell us... Someone on hotukdeals phoned up and was told that they had noticed the misprice and nobody would get it - all customers will be receiving an order cancellation email? Whether that's true or not I'm not sure...

braken2000

Well, if we are, then by jovi they are taking there time. I may phone up later on today and kick off. I DEMAND SATISFACTION!

Graham_Devon

Perez wrote: »

They've taken payment from me too... Hopefully that means they'll honour the price on the website. They have indeed contradicted their own terms and conditions by taking payment but not issuing an invoice/dispatching the order - could this mean they might not have a leg to stand on if they try to cite the misprice blurb from the T+C's?

Terms and conditions do not actually count for anything in law. So I have been told on a couple of occasions. Terms and Conditions basically is there to protect them and thats it.

They have broken their terms. But, as ever, there will be a clause in those T&C's stating that they can change them at any time without notice.

The very fact that they have charged for this item means they have accepted the order. Whether or not they charge before looking at what's sold is irrelevant, thats very very bad practice, and leaves you open to these situations.

Most companies charge ONLY when the order is accepted / packaged. They might ringfence the money, i..e .your avaliable balance goes down, but not take the money enitrely, which is what apple has done.

Most companies charge at 'point of acceptance' to stop errors such as this, as it simply means they do not charge you at all. Therefore, all's fair, you havent lost anything, they haven't.

The fact that apple have taken the money, is very different. People think they make interest on the money while they hold your money and dont send you the goods, they do, but it will cost a LOT more to refund every person!

I just cannot see why they have taken the money AND have not told us yet, on the 3rd business day that the order is cancelled blah blah.

Either they simply are VERY bad at customer service or theres something going on, which give's hope to those who ordered. The order is still open, money has been taken, by this point, you should have your goods in the real world. You have paid for them, and they have accepted payment.

Please though, no one go down the 'im gonna sue them' path!!

Perez

Graham_Devon wrote: »

Either they simply are VERY bad at customer service or theres something going on, which give's hope to those who ordered. The order is still open, money has been taken, by this point, you should have your goods in the real world. You have paid for them, and they have accepted payment.

Maybe something is going on - they could be seeking legal advice to make sure they are 100% justified in cancelling the orders?