Iomega 1TB External HDD £19.95

itsbeef

Forgot to mention, whatever you do DO NOT delete the screen print of your order if you took one. If this matter gets taken further by anyone this will be priceless for proof of them cancelling the order after amending it.

ruthybabs

I saved the htm page of my order which clearly states

Iomega 1TB Value Series Hard Drive with USB 2.0 Interface
Part Number: TM258

1£16.98£16.98

Order Subtotal:£16.98Shipping Charge:£4.50VAT:£3.76Total:£25.24
and not
DYMO LABELWRITER LARGE ADDRESS LABEL-ZML

as per the order details now.

They have cancelled that order but no email or telephone contact.

Surely they are in breach of some contract now?
This seems a very childish and underhanded way of dealing with what is effectively their mistake.

I would have shrugged my shoulders and thought hey ho if they had just cancelled the order straight away, it was a bit too good to be true after all. But this lack of communication and altered orders after the fact is all a pathetic, especially when we consider that apple are one of the biggest companies in the world.

Really cross now and want to get them somehow-any ideas?

Norman-B

Come on! Be reasonable here. We all had a "go" at getting something on the cheap. It failed and we just have to grin and get on with it. As long as I get my cash back, I'm happy. We tried and it didn't work. End of story (for me)

dazed

Norman-B wrote: »

Come on! Be reasonable here. We all had a "go" at getting something on the cheap. It failed and we just have to grin and get on with it. As long as I get my cash back, I'm happy. We tried and it didn't work. End of story (for me)

Could not agree more.

:T

crandy07

well they have still got my money, yet they have canceled the order, and pretended i didnt order anything...

how long will it take for them to refund the order, if they arent shipping it out. i would rather have the intrest than apple.

pdc303

Hi.

I found this forum as I was looking for people in the same situation as me. I called Apple. Here is what I posted on another forum:

ok I just got off the phone with Apple Store customer support.

They are well aware of what has happened.
They are cancelling all of the orders.

I told him that they are now legally obliged to deliver the product, as they have charged my bank account.
He said this is not the case. Their terms and conditions state that orders have not been accepted until they send an Order Confirmation.

THIS IS NOT TRUE. UK Law (Consumer Act 1979 (with amendments)) states that a buyer and seller form a legally-binding contract (for the product and price) when an item has been paid for.

He said that we will be receiving compensation either in the form of a refund or a hard drive (presumably a crappy hard drive).

He said that if I was not satisfied with this, I should take it up with Trading Standards.

The impression I got was that Apple Store really doesn't care about us. They are happy to cancel our orders and pretend we have no rights.

I will be calling Trading Standards tomorrow morning.

I don't really know consumer law but I've been reading up on it today. I can see that some of you know it a lot better.

It looks like they're trying to get out of it, but I want this hard drive if I'm legally entitled to it!
Otherwise I'll take the refund. I wasn't really expecting to get it anyway.

biglugs

I decided to get my girlfriend to look into this matter (she's a Law Graduate so has a little bit of knowledge on the legal side of things) and according to her as soon as Apple took the money out of our accounts they formed a legally binding contract.

My dad was a barrack-room lawyer, and if he were alive today I'm sure he would agree that Apple is breaking the law. Probably.
Anyway my order has been amended to a cancelled labelwriter, no explanation, no email, and unfortunately no money taken out of my account either. Next bargain please.....

BTW - is it just me or is it impossible to contact Apple Store by email to make a complaint?????

splodger_2

My order converted to a Dymo labeller also.
They were happy enough to take the money for the drive though.
As far as I'm aware, once they've taken the money (the "consideration"), then a legally binding contract has been formed.
If it was a mistakenly priced, then they shouldn't have taken the money. Apple's T&Cs acknowledge UK trading law supremacy.
They're just trying to get out of it.

andyinlondon

same here

phone call to trading standards tomorrow i think

Graham_Devon

I said ages ago. As soon as they take the money, a contract is formed. They have not just earmarked it. They have TAKEN it.

I studied business and this was one of the things we studied. I'm very hazy on it though and it's not something I would be happy to advise on. I.e. I studied the Sale of Goods Act, but not specifically misprices and didnt spend THAT long on the subject, but was part of the 1 year course.

I am however completely certain that they cannot take the money, then change the order at their leisure without informing the customer. They have left no trace of what was actually ordered and paid for. So it is infact, a form of theft. More so as the customer was not informed.

Someone could say buying it at 19.95 was stealing, but it wasn't, you offered what they were asking and they accepted.

Their terms & conditions actually mean jack at this point. It's like a company having terms and conditions of employment and saying that smoking is allowed on their premises. No, it's against the law, so those terms and conditions would be void.

They could have actually damaged this whole misprice further by messing with our orders.

As for their shoddy terms and conditions, worth getting a screen grab of those with a date if possible. Their own T&C's say should an item be priced incorrectly, they may cancel the order, BUT....before doing so they will inform the customer.

2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the Apple Store Web Site. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Subject to clause 11.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.

Last time they did this, with a digital camera, aswell as cancelling everyones order, they also changed their T&C's and then quoted those new T&C's in the e-mail. I..e they changed them, to quote them. It's all on the web, infact on this forum!