Cheap Xbox 360

ferret13

At the begining of the week i found a very good deal on the xbox 360 core bundle, so i ordered 2 and specified next day delivery.The items arived the following day as agreed, a couple of hours later i received an email from the supplier saying they had made a mistake pricing the item and i have to contact them within 7 days to arrange collection or they will take another payment off my card for the amount that the xbox is being sold for on another part of the site. Can they do this ? Thanks, Ferret.

slowen

Dont think they can do anything as they have sold you them at the price agreed then taken your money and shipped the goods and you have ordered them ion the understanding that the price is correct.

I am not aware that they can another payment as you have not authorised it can always go down the fraud route with the bank if the company tries to take another payment

brettcta

who was the retailer?

ferret13

As the product can no longer be purchased for the very low price i bought it for i dont feel it would benefit anyone (or myself) if i revealed the site name just yet. Once the issues are resolved i will reveal more details. I hope you all understand.

phoenixbbs

As far as I am aware (I am not a lawyer) the deal is signed, sealed and (literally) delivered.

They offered the goods for purchase (invitation to treat), you offered a method of payment which they accepted, they then took the payment, and dispatched the goods.

If they try to take a further payment from your card (I do hope you used your credit card BTW) simply report it as a fraudulent transaction to the issuer and let them reclaim it from the online store.

If you paid by debit card it might get a little more messy, as I don't think you have an inherent right to a refund, but may need to take them to small claims court to recover the money. Your bank might be willing to refund it once they've been told it was a fraudulent / unauthorised transaction though.

If they continue to demand additional money, tell them you will be taking them to small claims court for "loss of bargain", asking for whose name they want on the paperwork. Effectively, you can claim the difference between what you paid them and what you can buy it for elsewhere - as well as claiming the court fees from them.

In addition to this, as you are a consumer customer, I believe they can't get it transferred to a court local to them, which would put them to further cost attending and attempting to defend.

brettcta

phoenixbbs wrote: »

As far as I am aware (I am not a lawyer) the deal is signed, sealed and (literally) delivered.

They offered the goods for purchase (invitation to treat), you offered a method of payment which they accepted, they then took the payment, and dispatched the goods.

If they try to take a further payment from your card (I do hope you used your credit card BTW) simply report it as a fraudulent transaction to the issuer and let them reclaim it from the online store.

If you paid by debit card it might get a little more messy, as I don't think you have an inherent right to a refund, but may need to take them to small claims court to recover the money. Your bank might be willing to refund it once they've been told it was a fraudulent / unauthorised transaction though.

If they continue to demand additional money, tell them you will be taking them to small claims court for "loss of bargain", asking for whose name they want on the paperwork. Effectively, you can claim the difference between what you paid them and what you can buy it for elsewhere - as well as claiming the court fees from them.

In addition to this, as you are a consumer customer, I believe they can't get it transferred to a court local to them, which would put them to further cost attending and attempting to defend.

my dad (who is a lawyer) says this is right.

they can't accept your offer, send you the xbox and then demand more money afterwards because they made the mistake, get onto your bank and make sure nothing more comes out

ferret13

This is the email they sent over 3 hours after the xbox arrived.
Item: XBOX360 Arcade Console Promotion

Unfortunately the item on your order has been miss priced. Please contact *********** on ***************or via email to arrange for the goods to be collected. Once received back you will be credited for the amount originally paid on your order.

Please note if no contact is made to arrange this within 7 days you card will automatically be charged the full price of the item.

I apologise for any inconvenience caused.

phoenixbbs

(IANAL etc as before)

Feel free to contact them, but simply state the facts:

1) they offered goods at a price
2) you offered payment
3) they accepted the payment therefore transferring ownership of the goods
4) they dispatched the goods
5) they are now legally yours

Make sure you add "any further deduction from your card will be treated as theft and / or fraud, and be reported to the police and the relevant financial authorities - and you WILL dispute and recover the payment via chargeback"

Some sites have a section in their T&Cs that says they're "allowed" to do this, but AFAIK it hasn't been tested in court. I strongly suspect it would fail.

It might be worth getting a copy of the T&Cs on their site for reference *right now* as they might change them and rely on the edited version as a defence.

squoog

ferret13 I have pm'd you.

kentc81

Outragous! sorry i have no wisdom to share
but good luck with that