Iomega 1TB External HDD £19.95

Stormrider

I intend to phone apple tomorrow and fight my corner as much as possible to get this sorted. The point is the way they have treated this, not the fact that they wouldn't honour a misprice (and to be honest, a friend pasted me a link to this and said nothing else, i thought 'wow, cheap!' and then bought it).

There is no such thing as the Consumer Act, whoever said that, it is called the Sale Of Goods Act 1979. The relevant part, as far as I can tell, is section 4, pt 1:

4. How contract of sale is made

(1) Subject to this and any other Act, a contract of sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties.

The conduct of apple (taking the money from our accounts) to me implies that they have agreed a contract of sale of the item, at the price offered. Simple as that. True, the wording is a bit.. vague, but it seems obvious to me.

Do NOT let them fob you off with a crap excuse, or quoting the T&C or anything. They are clearly in the wrong, and I am going to argue my case until they agree to send me the product which I ordered and paid for, and which they agreed to sell to me!

ianonline

Ghirl wrote: »

What kinda eejit do you think I am? :lipsrseal

:rotfl: Nice to see some good humour being injected into what's become a very "heavy" thread :eek:

zappster1966

mindware wrote: »

Was your payment method a credit or debit card? There is a fundemental difference in the way they work as I mentioned

btw hello guys :beer:, i've come by MSE posts for a few years now, never bothered to signup till today though lol

Um. It's a solo card. I paid for it on Monday night & the dosh came out this morning. Seems always to take a full day before it gets debited. Dunno if that's the same with switch or visa etc.

Spikey_2

will we have more chance if we take action collectively?

mindware

zappster1966 wrote: »

Um. It's a solo card. I paid for it on Monday night & the dosh came out this morning. Seems always to take a full day before it gets debited. Dunno if that's the same with switch or visa etc.

Yeah it sometimes does take a while till it shows up, but as it's a Solo card, a pre-auth would show up as a completed transaction even though the response criteria has not been satisfied...I still dont get why they do that lol

jonnypb

if they took your money surely you've got a case

everyone needs to keep phoning apple, pester and pester them, get advice from trading standards etc

if Martin gets on the case as well we could have a case i think.

has martin made a statement/comment about this yet?

mindware

Just a quick flick on Apple's T&C regarding payment bought up:

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.

That suggests to me they are pre authorizationg the transaction during the checkout process (to make sure you have sufficiant funds on the details provided), leaving Apple with the option to later accept or reject the transaction. They would only complete authorization of the funds transfer once the invoice has been issued/items have been dispatched.

ianonline

jonnypb wrote: »

if they took your money surely you've got a case

Not necessarily. I think people are getting too hung up on the fact that their money has been taken, therefore a contract must have been formed. This may or may not be the case (but should be fairly easy to establish by someone who's actually clued-up on internet consumer law) but surely there is one important point that people are over-looking: contracts are not always set in stone, and can, in certain circumstances, be VOIDED retrospectively.

If Apple can demonstrate that the mis-price was a genuine error and that it should have been obvious to anyone ordering at the drastically reduced price that it was in fact an error, then they will be entitled to void the contract (if indeed a contract did exist) and must therefore refund all monies they have taken from customers. All other issues surrounding how they've mis-handled the situation are unlikely to have any bearing on the outcome other than obviously showing them up in a bad light.

As I see it, there's little point in debating the fact over whether a contract actually existed in the first place. Surely, the issue is IF a contract did exist, then were Apple entitled to void it? Clearly, if it turns out there was no actual contract formed, then there's no case for Apple to answer.

Ian :cool:

imdabs

Link for free advise for all those who wants to try their legal options:
consumer direct

How to use this service

The Consumer Direct website offers a wide range of advice and information for consumers, from product warranties and counterfeit goods to false advertising.
You can also find out what to look out for to avoid unfair trading along with details of which organisation to complain to.
The site also offers a telephone helpline if you want further guidance.
Great Britain and Northern Ireland only.

splodger_2

The onus will be on Apple to prove that everybody knew it was a mis-price.

Had the drives been priced at £0.001p, then they might have a point.

However, £20 for a peripheral isn't so cheap that it MUST be wrong. There are always bargains around - some genuinely excellent (50, 75 or 80% off the price of stuff), so Apple can't get out of it that way.

Plenty of people who wouldn't know a Terabyte from a pterodactyl.