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Never mind the Ts and Cs, whatever happens, in the eyes of the law they either have to give you goods at the price paid or adequately compensate you - in other words refund you the money they have taken - nothing more. If they refund the money, you have no case. Ok they made a mistake. Phoning them up will just re-focus them on their error and may alert them to any that slipped through the net, you never know some lucky MSE'ers may get one of these, chances are the rest won't.
Just calm down, some you win ......0 -
Tightmartin wrote: »Never mind the Ts and Cs, whatever happens, in the eyes of the law they either have to give you goods at the price paid or adequately compensate you - in other words refund you the money they have taken - nothing more. If they refund the money, you have no case. Ok they made a mistake. Phoning them up will just re-focus them on their error and may alert them to any that slipped through the net, you never know some lucky MSE'ers may get one of these, chances are the rest won't.
Just calm down, some you win ......
I realise I'm coming across as a misgruntled customer. I'm not, but I do find all of this very interesting.
Attitudes displayed above just let companies get away with breaking their own T&C's. If the customer breaks T&C's often penalties are put upon them, yet as displayed above, your promoting poor customer services, and allowing them to take money before they have even looked at your order.
Why is it ok for companies to break their own T&C's, hang on to your money, give you no reasonable explanation, and leave you sitting there in the dark surrounding your order.
Most misprices, the next business day you get an e-mail, sorry, blah blah, no money has been taken. Fair do's. This one is very different.0 -
braken2000 wrote: »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?
He had you there! What he said was a load of cobblers. An advertised price is an invitation to treat. You do not have to sell at that price. However, it is illegal to give misleading price indications. The correct course of action would have been to refuse to sell and withdraw the item from sale until you've corrected the pricing issue. There's no contract in place until he's made an offer and given consideration (money) and you've accepted it. All the bloke knew was how to blag the camera out of you. :rotfl:In a rut? Can't get out? Don't know why?
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Graham_Devon wrote: »I realise I'm coming across as a misgruntled customer. I'm not, but I do find all of this very interesting.
Attitudes displayed above just let companies get away with breaking their own T&C's. If the customer breaks T&C's often penalties are put upon them, yet as displayed above, your promoting poor customer services, and allowing them to take money before they have even looked at your order.
Why is it ok for companies to break their own T&C's, hang on to your money, give you no reasonable explanation, and leave you sitting there in the dark surrounding your order.
Most misprices, the next business day you get an e-mail, sorry, blah blah, no money has been taken. Fair do's. This one is very different.
I see where you are coming from.
My view is the key question is not if they have breached their T&Cs, but if they are in breach of contract. I have always understood that you have a legally binding contract when a Company accepts your offer to pay - prior to that they are making an 'invitation to treat'. Therefore, if they have accepted the VISA funds, It would appear to be difficult to just return the money.
However, if the US trading laws are different, will they take precedence for a US company trading on the internet?0 -
computersaysdoh wrote: »I see where you are coming from.
My view is the key question is not if they have breached their T&Cs, but if they are in breach of contract. I have always understood that you have a legally binding contract when a Company accepts your offer to pay - prior to that they are making an 'invitation to treat'. Therefore, if they have accepted the VISA funds, It would appear to be difficult to just return the money.
However, if the US trading laws are different, will they take precedence for a US company trading on the internet?
This is my point. And as someone said right above your post. An invitation to treat is when they offer it, you try to buy it, they decline and thats that. You tried to buy something.
A SALE is when you see the price, offer them the money asked for, and they take the money. As per the post 2 above states.
However, on another forum someone who knows the law states that a contract STARTS when the item is delivered to you, i.e. you take hold of the goods. It ENDS when you take hold of the goods. This is how e-sales are handled now due to misprices....under common law anyway.
Whether he is right or not I do not know, but someone has backed him up.0 -
my order has disappeared from the account?Use your judgement, and above all, be honest with yourself.I walk with the world & the world walks with me!I don't make bad choices!!! Other people just fail to see my GENIUS !!!!0
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my order has disappeared from the account?
Login under the .co.uk version, not the .com one!
www.applestore.co.uk0 -
computersaysdoh wrote: »However, if the US trading laws are different, will they take precedence for a US company trading on the internet?
I think you'll find the company the orders were placed with Apple's UK shop (Apple UK) and thus covered by UK law.0 -
Lets face it, these pricing errors will always occur after all its not a computer error just someone, or a company that doesn't porof read its items before publishing them online.
I am no different than anyone else, I ordered one in the hope of Apple either not noticing the error or offering it as a good-will gesture and honouring the price advertised. Sadly I still think they will cancel the order after offering it at the correct price (as the T&C's state).
However companies should to a degree be obliged to provide the correct prices, if they cant do this then they should be forced to honuor any mis-pricings. All the major super markets do this as good will gestures so why the mighty Apple?
Would they honour the price if just a few people snapped them up before the error was identified?
Or do they suddenly cotton on when a random individual trys to be mega greddy and buy 20 simply to flog on Ebay???0
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