ATS EUROMASTER BREACHED MY CONSUMER RIGHTS

4_Pete's_Sake

Money_Grabber13579 said:

If the price was incorrect and it was obvious that it was a mistake, then the contract will be voided and so you have nothing to enforce. Just my opinion, but at £25 a tyre, I’d be of the view that it’s obviously a mistake in the price. Whether they decide to give you a goodwill gesture to make you go away is purely up to them.

It was not obvious that is was a mistake due to the fact that a Special Promotion is currently in place with £32 off 2 tyres. Clearly the discount would not be such a large percentage on much larger tyres that perhaps cost closer to the £100 mark. A 175/65 14 tyres are one of the smaller tyre sizes, therefore their discount will be much better. They chose to make this promotion and therefore should honour it.

4_Pete's_Sake

molerat said:

Looks like someone had taken the £16 discount off the web price in error.  They are allowed to correct obvious mistakes and you agreed to them doing that.

Please read these Website Terms carefully and print a copy for your future reference. By ordering a Product or Service from us, you agree that you have read, understood and agree to these Website Terms, the Relevant Service Terms, the Privacy Notice, the Guarantee Conditions and the Consumer Terms (each as amended from time to time).

3.5 Whilst we always endeavour to ensure that prices and descriptions given on the Website are correct inevitably errors do occur. Where the price or description of a Product or Service is found to be incorrect as part of the order verification process we shall contact you and inform you of the correct price and/or description following which you may either confirm the order with the correct price and/or description or cancel your order in which event we will reimburse the price paid by you.

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Actually all they have done is put up the price of the tyres by £13.54 each, which suggests that they had simply mispriced the tyres. Also they failed to contact me about the pricing error and had not called me and could not prove that they had called my number, whereas I was able to prove from my call history that they had not. If they had called me and got no answer, they would surely have left me a voicemail but they didn't because they didn't call me. The email that I received specifically said that a legally binding contract is only created when availability is confirmed and when I attend an ATS Euromaster Service Centre. Therefore as they failed to contact me prior to me attending their Service Centre, they must honour the contract.

F1shyFingers

4_Pete's_Sake said:

Money_Grabber13579 said:

If the price was incorrect and it was obvious that it was a mistake, then the contract will be voided and so you have nothing to enforce. Just my opinion, but at £25 a tyre, I’d be of the view that it’s obviously a mistake in the price. Whether they decide to give you a goodwill gesture to make you go away is purely up to them.

It was not obvious that is was a mistake due to the fact that a Special Promotion is currently in place with £32 off 2 tyres. Clearly the discount would not be such a large percentage on much larger tyres that perhaps cost closer to the £100 mark. A 175/65 14 tyres are one of the smaller tyre sizes, therefore their discount will be much better. They chose to make this promotion and therefore should honour it.

It doesn't mean it's obvious to you, but obvious to the average person.

I agree with others that this seems, at least on the balance of probabilities, to be an obvious error given the costs involved.

They're going to be losing money on this transaction and there's no obvious way for them to make it back. People buying cheap tyres are not likely to become loyal customers off the back of one cheap deal.

The_Fat_Controller

@4_Pete's_Sake  you had the opportunity to walk away however you decided to purchase the tyres at the corrected price.

You accepted the new contract at their premises as per their Ts and Cs.

No breach of anything, goodwill is all you can hope for.

the_lunatic_is_in_my_head

The terms quoted would depend upon acceptance, if it hadn't occurred they can cancel by withdrawing their offer due to the pricing error.

If acceptance had occurred I don't believe that clause can apply unless it meets the criteria of a "mistake" from a legal perspective, we are taking about £30, it doesn't seem like a unilateral mistake in my view (nor is it common or mutual) but equally it is, I believe, too small an amount to chase through small claims so probably dependant upon goodwill. 

MarvinDay

4_Pete's_Sake said:

Actually all they have done is put up the price of the tyres by £13.54 each, which suggests that they had simply mispriced the tyres. 

As you agree that you think they mispriced the tyres (ie, made a mistake), then you must also agree that as the law allows them to cancel a contract where an obvious error has been made, they have done nothing wrong.

4_Pete's_Sake said:
Therefore as they failed to contact me prior to me attending their Service Centre, they must honour the contract.

They have honoured the contract.
They discovered that they had made an error and informed you of this prior to fitting the tyres and you agreed for them to go ahead at the correct price and then you paid.
Contract amended, agreed by both parties, work carried out and payment made.
Contract concluded.

400ixl

I think you will be relying on good will rather than any contract violation here. They made it clear there had been a mistake before they provided the service and offered a full refund or the service at the corrected price. You chose the latter, forming a new replacement contract.

pinkshoes

4_Pete's_Sake said:

On Thursday evening 5th May 2022  I purchased 2 AVON ZT7 175/65 R14 82T Tyres for my car on the ATS Euromaster Website which were advertised at £40.95 fully fitted, therefore £81.90 for both tyres. ATS also currently have a promotion giving  £32 off the purchase of 2 Avon Tyres or £64 off 4 tyres. Therefore with the £32 reduction showing in my basket I was asked to pay the reduced price of £49.90 for the two tyres and I selected a fitting slot at my local ATS at 15.30 hours on Monday 9th May 2022.

£40.95 is really cheap for a tyre, and to me having both fitted for £49.90 would be a clear pricing error. 

The fact that they are still running the offer and have updated the mistake online to show the correct price means it really was an obvious error and hence they refused to honour it.

As they didn't call you though, then perhaps ask for a free air freshener or fluffy dice as compensation for the disappointment?

photome

Why didn’t you stop them fitting them at the corrected price?   By having them fitted after they told you there was price mistake you have accepted the new terms

the_lunatic_is_in_my_head

pinkshoes said:

4_Pete's_Sake said:

On Thursday evening 5th May 2022  I purchased 2 AVON ZT7 175/65 R14 82T Tyres for my car on the ATS Euromaster Website which were advertised at £40.95 fully fitted, therefore £81.90 for both tyres. ATS also currently have a promotion giving  £32 off the purchase of 2 Avon Tyres or £64 off 4 tyres. Therefore with the £32 reduction showing in my basket I was asked to pay the reduced price of £49.90 for the two tyres and I selected a fitting slot at my local ATS at 15.30 hours on Monday 9th May 2022.

£40.95 is really cheap for a tyre, and to me having both fitted for £49.90 would be a clear pricing error. 

The fact that they are still running the offer and have updated the mistake online to show the correct price means it really was an obvious error and hence they refused to honour it.

As they didn't call you though, then perhaps ask for a free air freshener or fluffy dice as compensation for the disappointment?

To be fair the OP used a promotion to reduce the price, how is the average person to know it's a mistake rather than say the manufacture offering a cracking deal via fitters/retailers with the hope of enticing lifelong customers to their brand?