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Argos/Homebase 49p telly discussion thread

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  • mdbs
    mdbs Posts: 75 Forumite
    Hi all, I have not recieved any communication from Homebase telling me the TV I ordered at .49p has been cancelled.

    My wife has been informed both by letter and email. I have had nothing.

    Does this mean, as they have failed to comply with THEIR terms and conditions that they have to deliver?
  • sammyy
    sammyy Posts: 478 Forumite
    Just a question.Does the fact that they have debited peoples account not equate to some sort of contract to sell at the on line pprice?
  • Eagle_1
    Eagle_1 Posts: 8,484 Forumite
    mdbs wrote:

    Does this mean, as they have failed to comply with THEIR terms and conditions that they have to deliver?

    Good question, im sure someone will be along and clarify that. Do they actually have a certain amount of time in which they have to cancel our order ?
  • c_smith
    c_smith Posts: 383 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    sammyy wrote:
    Just a question.Does the fact that they have debited peoples account not equate to some sort of contract to sell at the on line pprice?

    Maybe yes, maybe no, but are you prepared to outlay a fortune in legal bills to find out?
  • JasonLVC
    JasonLVC Posts: 16,762 Forumite
    Part of the Furniture Combo Breaker
    Sammy,

    Technically yes, but for you to win your point you would have to go to small claims court and your case has no legs to stand on as it is quite clearly a mis=price (aka, a mistake) and provided you have had a refund then the court would have very little other powers to offer you - it would cost you more in time and effort than to just let it go.

    Remember, the court would be looking at "fair and reasonable", the mistake that has been made is annoying but fair and Argos's response has been reasonable. I doubt any court would side with you and agree that Argos are wrong and that your are right.

    The only chance of winning the loss of bargain would be if you could argue the product was in a sale and you genuinely thought the 'reduced' price was the sale price. As Argos don't have a sale on at present or on-line - that only avenue is closed now.

    To recap, legally the taking of money does seal the contract to supply and internet purchase/price errors have never got to proper court so there is very little hard evidence or precedents set, however, the courts would allow a retailer (online or offline) that ability to make a genuine mistake (as in this case) and so whilst you'd be legally correct, the remedy would be a refund and apology - which I guess you've already had.
    Anger ruins joy, it steals the goodness of my mind. Forces me to say terrible things. Overcoming anger brings peace of mind, a mind without regret. If I overcome anger, I will be delightful and loved by everyone.
  • ClarkeEJ
    ClarkeEJ Posts: 2,392 Forumite
    Part of the Furniture Combo Breaker
    Has anyone received a refund yet? I haven't.
  • no i havent as yet,but they only took the money out on the 31st august and i ordered the tv on the 27th.
    and got a email on the 31 like eveybody else did,got home today and had a letter aswell saying the same as the email.

    but still no refund!!
  • Poppycat
    Poppycat Posts: 19,899 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    They were quick to take our money but not pay it back.

    30 Aug 05 Card payment to ARGOS RETAIL GROUP

    Why does it take Argos so long I paid by Debit card. If SVP can refund me a slight discount that was on offer the same day I had made a purchase, then surely 3 working days should be sufficent time to give me my money back. They now telling me the matter is closed after they got my money, it aint clsoed as far as I am concerned.
  • biglugs
    biglugs Posts: 2,945 Forumite
    1,000 Posts Combo Breaker
    They're probably still wading through the cancellation letters and answering the phone from people ringing up to complain, and don't have time to process the refunds yet.
    You don't get medals for sitting in the trenches.
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    JasonLVC wrote:
    Remember, the court would be looking at "fair and reasonable", .......


    ......the courts would allow a retailer (online or offline) that ability to make a genuine mistake (QUOTE]

    Pity the courts, IR etc aren't so generous to the man in the street. No such thing as a mistake. If it's wrong in law your guilty :(


    Final point as I think this thread has been done to death. We have been conditioned into getting "too good to be true" bargains with all the DFS adverts (OMG it might end this friday - it was supposed to be Monday, but thank goodness they gave us a few more days to snap up all the bargains) :rotfl:
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
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