Are they obliged to honour this price?

easy_tiger

Hi all,

I have been wanting to purchase a Nintendo Switch for ages, I actually wanted it for launch.

A website Gameseek had the console priced at £198 (rrp279.) For weeks before the launch and GS encouraged customers to subscribe to their stock alerts to purchase at the lower price to get a console on the launch date. They then announced they were doing a 'ballot' type system where people picked at random would be emailed a link to allow them to purchase at the 198 price in time for the launch.

So anyway I didn't get an email. So I wouldn't be getting one on launch, if I'd known I would've just bought one at Rrp to get one on launch, however the £198 was so good I was happy to wait after launch to get one at this price.

I email GS asking if their next batch after launch will be at the 198 price to which they clearly responded saying yes it would remain at this price. So I thought ah great, I'll wait then for their next batch and hopefully purchase at this price before that stock runs out.

Today GS have priced their next batch, arriving in 10 days at the RRP (well I think a pound or so under.)

Am I within my right to complain as the email clearly states the price would remain at 198.

I could have ordered from Very, spread my finance and got 10% off ages ago, now Very are saying their next available stock isn't coming until the end of April.

I totally understand I wouldn't have been guaranteed one at the 198 price as it'd be first come first serve but I still feel cheated.

Any advice appreciated.

Oakdene

Nope, no contract has been formed.

theonlywayisup

You are free to complain to anyone about anything. Is that your only query?

easy_tiger

theonlywayisup wrote: »

You are free to complain to anyone about anything. Is that your only query?

As per the subject of my thread... are they obliged to honour the price.

Scorpio33

They don't have to honour it at all.

An advertised price is just that - an advertised price (or an "invitation to treat").

They are only liable to honour the price when money has been exchanged for goods (and so a contract has been formed).

So nothing you can do I am afraid.

DoaM

Already answered - No (probably). Most online retailers have in their T&Cs that contract is only formed upon dispatch of the goods. Unless GameSeeker T&Cs say contract is formed on payment then there is no contract and all they have to do is refund you. (Just to clarify the above post ... contract is formed for online sales when the T&Cs say they are formed. If the T&Cs don't state then normal contract law applies).

If you haven't even paid then the answer is categoric - No.

were

No, they do not have to sell you atadvertised price, but as this site tells you "if you think a retailer is intentionally trying to misleading with pricing then you should report this to your local Trading Standards, which can be done via Consumer Direct (08454 04 05 06)", and this seems to be the case with you.
http://forums.moneysavingexpert.com/showthread.php?t=3277262

GDB2222

were wrote: »

No, they do not have to sell you atadvertised price, but as this site tells you "if you think a retailer is intentionally trying to misleading with pricing then you should report this to your local Trading Standards, which can be done via Consumer Direct (08454 04 05 06)", and this seems to be the case with you.
http://forums.moneysavingexpert.com/showthread.php?t=3277262

Only, my experience with that help line is that they won't do anything.

wealdroam

GDB2222 wrote: »

Only, my experience with that help line is that they won't do anything.

Whilst I understand that may have been your experience, doesn't that really depend on the severity of the problem being reported, rather that the 'quality' of the helpline?

wealdroam

were wrote: »

No, they do not have to sell you atadvertised price, but as this site tells you "if you think a retailer is intentionally trying to misleading with pricing then you should report this to your local Trading Standards, which can be done via Consumer Direct (08454 04 05 06)", and this seems to be the case with you.
http://forums.moneysavingexpert.com/showthread.php?t=3277262

There is a problem with quoting old forum posts.

In this case for two reasons:

1) Consumer direct no longer exist. Citizens Advice have taken over their function, and

2) the Citizens Advice consumer helpline is no longer an 0845 number. It is now 03454 04 05 06 - very similar, but much cheaper.

GDB2222

wealdroam wrote: »

There is a problem with quoting old forum posts.

In this case for two reasons:

1) Consumer direct no longer exist. Citizens Advice have taken over their function, and

2) the Citizens Advice consumer helpline is no longer an 0845 number. It is now 03454 04 05 06 - very similar, but much cheaper.

Citizens Advice were more interested in trying to sort out my problem, rather than accepting that I was reporting a breach of the regs. They could not understand that there might be an enforcement aspect to the work.