Firstly thank you for taking the time to read this, I will keep it short and sweet.
I pre order an S8+ from mobilephonesdirect.com (MPD) which I have to wait until 25-29th to receive the phone as that is when its released fair enough, I since found a site called the smartmobilecompany.com (SMC) which had exactly the same website as the previous company so I knew they must be a sister company. they had a deal offering the exact same contract but for £2.50 cheaper per month for 24 months (£60). I phoned up MPD and told them of the deal and the customer service agent didn't seam interested in giving me the deal or just matching the price so I said cancel so I can reorder the phone through SMC which was confirmed to me as the same company.
An hour later I receive an email from MPD showing me a photo of the deal and offering it to me, of course I tried to haggle as if I take the deal online I would lose my cashback from topcashback.com, of course he wouldn't budge, being at work I couldnt really use my phone so I called up MPD but the lines where so busy I had to give up after a few tries, later once I had finished work I emailed MPD back and said I would happily take the deal as I would say £60 a month just to be told sorry the deal doesn't exist anymore and you cant get it, the question is as I was offered the deal personally via email am I still entitled to it?
I've contracted him since and I was given a terms and condition loop hole they had found
Unfortunately this is correct, within our terms and conditions under section: 04. How the Contract is formed between you and us - please see the information backing up my point below:
If we are unable to supply you with a Product, for example because that Product is not in stock, no longer available or because of an error in the price as referred to below, we will inform you of this via e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
We maintain the right to cancel an order for any reason (for example if you do not satisfy a Network Operator’s credit checking requirements and the Network Operator refuses to enter into a Network Contract with you). If we choose to cancel your order we will notify you of this via email and/or telephone, and in certain instances may request on behalf of the Network additional proof(s) of identity and/or a deposit payable to the Network to allow the contract connection to be accepted.
If you place an order for Products and Services and the Network Operator declines your order for Services we are unable to alter this decision and will cancel your order.
Should the Products and/or Services not be available, within 30 days of the Order Confirmation, we reserve the right to cancel your order and refund any payment made by you in full as soon as possible.
Sadly as we don't have this deal available anymore, we won't be able to offer it at this present time, however as deals change frequently we may well have the deal become available again in the near future.
I said that as the order was a pre order for a phone it shouldn't matter about stock and as you personally offered me the deal it shouldn't matter about the price being an error on the site if in fact that it was plus it was clearly posted on the site.
Should I persue this further? or just put my tail between my legs and go for the £43 a month contract which will probably be cancelled after I've up a fuss on their behalf.
Any help and advice would be fantastic.