Advice needed

28
Posted 13th Nov
3330480.jpgSo I bought this PS4 bundle online, there seemed to be a price problem I assume but am I tight in thinking that I’ve bought at that price so they now can’t say no? (Which they have as tried to refund me)
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You assume wrong
Would expect the email to get spammed a bit now as well
28 Comments
No
You assume wrong
So they are in the right? Even tho they’ve posted it up at that price?
Rmags8913/11/2019 14:05

So they are in the right? Even tho they’ve posted it up at that price?


The majority of companies will protect themselves as much as possible regarding price errors. Normally a contract is only formed on dispatch of the item, or once you’ve received it.
cashgenerator.co.uk/ter…ply

useful bit: "The contract between us (Contract) will only be formed when you are sent the Dispatch Confirmation."


HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from Cash Generator Franchising Limited, Lochside House, 3 Lochside Way, Edinburgh, EH12 9DT (Cash Generator) acknowledging receipt of your order. If your order is not placed with Cash Generator, they will confirm receipt of your order on our behalf. Please note that this does not mean that your order has been accepted as. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us or Cash Generator on our behalf and are subject to availability. We will confirm You will receive confirmation of acceptance of your order by Cash Generator sending you an by e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when you are sent the Dispatch Confirmation.

The Contract will relate only to those Products supplid by us whose dispatch has been confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order and placed on the site, until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. We are not liable for the supply of products ordered from any other third party.

We will keep a copy of the contract formed between us.
A basic legal principle I got taught in school was a company effectively 'offers for sale' a product at a price. They do not have to agree to the sale ultimately.

As an example, stamps are legal tender in the UK. So in theory you could walk into a shop and demand to buy a mars bar with two stamps (I have no idea of the price of a stamp but you get the idea). The company can of course decline you. As they can if they feel you are innapropriate to buy (alcohol) etc.

If you get it at this price well done. If not then it is what it is.
Even if you think that you are in the right what are you going to do, take legal action against them? When you saw the price of a PS4 console with a game listed at £19.99 you knew that it was almost certainly a mistake, and you went ahead ordered it knowing that it was likely incorrect price, which is fine as all of us here have done it before. We take a chance on it being honoured at that price or it slipping through but we know full well that it’s extremely likely to be cancelled. That’s the nature of the game. Just take your refund and move along, maybe better luck next time.
Would expect the email to get spammed a bit now as well
I'm not sure how they can "try" to refund you. They CAN refund you. You don't normally get a say in it. A retailer can withdraw an offer (yes, even if you've already paid for it) , cancel and refund payment. There is no legal 'obligation' to provide you with an item at ANY price if they decide otherwise. Especially if the price was incorrect.

Now, if they had already sent it - THEN try to renegotiate, that's different. You can play them at their own game. You can negotiate a new 'deal' to keep the item (and save them hassle) or just tell them that they can arrange to have the item picked up (at their cost.) What you can't do is just say "tough, I'm keeping it now" if it is proven to have been a mistake.

You tried your luck but it didn't pan out. It happens. Some retailers have been known to honour misprices but they don't legally have to.

Sorry.

(P.S. As fearona said, I'd scrape off your Email from that picture Palmanova beach looks nice...)
Edited by: "Phsycronix" 13th Nov
U gonna get emails.
Phsycronix13/11/2019 17:10

What you can't do is just say "tough, I'm keeping it now" if it is proven …What you can't do is just say "tough, I'm keeping it now" if it is proven to have been a mistake.


I'm not sure about that, Phsy? I was pretty sure that once the item is physically dispatched, or should I say 'in your hands' (I know they can do a stop and return to sender, even after dispatch) that the contract is completed.

citizensadvice.org.uk/con…ce/
Edited by: "deeky" 13th Nov
deeky13/11/2019 18:46

I'm not sure about that, Phsy? I was pretty sure that once the item is …I'm not sure about that, Phsy? I was pretty sure that once the item is physically dispatched, or should I say 'in your hands' (I know they can do a stop and return to sender, even after dispatch) that the contract is completed.



Hi deeky. Home safe 'n' sound now? Hope you're well.

It has been known for companies to go to court to recover items sold incorrectly. If it can be proven that error took place then they can pursue. What they can't do is demand that YOU return the item at your expense. Also, I believe they cannot lay blame or recover costs from you if the item is damaged or 'lost' as it may have arrived to you in that condition - so most decide not to pursue at all.

I can give you one example of a company I worked for many moons ago. We sent a guillotine to a customer and it turned out to be a more expensive model, but sold as a cheaper one. Customer tried to claim that it was "tough cookies" but after legal council was sought, it was proven that the model he bought was not the one he was sent and he had to give it back. I was the one that picked it up! Boy, was he not happy. Cheeky devil did get his own back as he kept the blade guard (don't know why - it didn't fit his anyway!) but the company didn't press. Just petty revenge, I guess...
Phsycronix13/11/2019 19:06

Hi deeky. Home safe 'n' sound now? Hope you're well.It has been known for …Hi deeky. Home safe 'n' sound now? Hope you're well.It has been known for companies to go to court to recover items sold incorrectly. If it can be proven that error took place then they can pursue. What they can't do is demand that YOU return the item at your expense. Also, I believe they cannot lay blame or recover costs from you if the item is damaged or 'lost' as it may have arrived to you in that condition - so most decide not to pursue at all.I can give you one example of a company I worked for many moons ago. We sent a guillotine to a customer and it turned out to be a more expensive model, but sold as a cheaper one. Customer tried to claim that it was "tough cookies" but after legal council was sought, it was proven that the model he bought was not the one he was sent and he had to give it back. I was the one that picked it up! Boy, was he not happy. Cheeky devil did get his own back as he kept the blade guard (don't know why - it didn't fit his anyway!) but the company didn't press. Just petty revenge, I guess...


Yes, had a great time, thanks

I'm still not convinced tbh. I/we've been around these parts a long time and have seen tons of mis-prices that have been honoured, whether intentionally or not, but I don't think I've ever heard of anyone having the retailer demand the goods back once they've been received by the buyer.

A guillotine? I had you down as being a young-ish bloke
deeky13/11/2019 18:46

I'm not sure about that, Phsy? I was pretty sure that once the item is …I'm not sure about that, Phsy? I was pretty sure that once the item is physically dispatched, or should I say 'in your hands' (I know they can do a stop and return to sender, even after dispatch) that the contract is completed.https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-something-is-advertised-at-the-wrong-price/



That's an interesting link deeky. I have had 'dealings' with CA before and some of their 'advice' is not always as 'cut & dry' as you'd think. Especially with legal matters! I even had one tell me that their 'advice' is just that and they get most of it from - the internet! Hehe. She also said "We're all volunteers you know - none of us are professionals!" Okaaay...I'd have probably gotten better advice from the bookies!

You are probably correct in what you point out but as with anything legal, depending on who you use, how much money you pay and how clever they are - you can get a result, eh?
deeky13/11/2019 19:11

Yes, had a great time, thanks I'm still not convinced tbh. I/we've …Yes, had a great time, thanks I'm still not convinced tbh. I/we've been around these parts a long time and have seen tons of mis-prices that have been honoured, whether intentionally or not, but I don't think I've ever heard of anyone having the retailer demand the goods back once they've been received by the buyer. A guillotine? I had you down as being a young-ish bloke



I think there was someone on here who had a table & chairs delivered incorrectly. The seller asked for them back and I think the OP did eventually return them - or at least the seller came and picked them up. I'm sure it was on here somewhere. I could be dreaming though!
I've always wondered what the legal situation would be if someone accepts a parcel on behalf of a neighbour, signs for it, then just states that they have lost the parcel. I've signed for neighbour's parcels in the past not knowing if it's the Crown Jewels, 2kg of cocaine or a £10 item from Amazon. Nowhere along the lines has it ever been explained to me that I accept responsibility for the parcel.
Edited by: "OllieSt" 13th Nov
@Rmags89

fearona13/11/2019 16:27

Would expect the email to get spammed a bit now as well



Phsycronix13/11/2019 17:10

...(P.S. As fearona said, I'd scrape off your Email from that picture ...(P.S. As fearona said, I'd scrape off your Email from that picture Palmanova beach looks nice...)


ssc113/11/2019 18:37

U gonna get emails.



I have "reported" the thread to ask a Moderator to remove the image you posted.
^ "We took care of it"

So far no action, though.
Phsycronix13/11/2019 19:18

I think there was someone on here who had a table & chairs delivered …I think there was someone on here who had a table & chairs delivered incorrectly. The seller asked for them back and I think the OP did eventually return them - or at least the seller came and picked them up. I'm sure it was on here somewhere. I could be dreaming though!


fanpages13/11/2019 19:20

if any old threads need finding - I'm yer man



Oh, hai fanpages
fanpages13/11/2019 19:20

^ "We took care of it"So far no action, though.



I always seem to get those "auto" messages. As you say though - nothing happens???
deeky13/11/2019 19:22

Oh, hai fanpages


Only if I read the original thread... & I don't think I did from the description @Phsycronix provided; sorry

So... "We took care of it", etc.
OllieSt13/11/2019 19:18

I've always wondered what the legal situation would be if someone accepts …I've always wondered what the legal situation would be if someone accepts a parcel on behalf of a neighbour, signs for it, then just states that they have lost the parcel. I've signed for neighbour's parcels in the past not knowing if it's the Crown Jewels, 2kg of cocaine or a £10 item from Amazon. Nowhere along the lines has it ever been explained to me that I accept responsibility for the parcel.


I bet that happens a lot more than you'd like to think. I would imagine, unless the courier can prove (I've seen them take a photo of the house/door) where he delivered it, it's pretty much one word against another. You could say you never took possession of it. What would they do? Break your door down to find it? It comes back again to how much a company is willing to do/spend to recover said items - and how much their 'legal' eagles put the pressure on...
Guy takes delivery of neighbour's dress and it then gets stolen. His insurance company won't cover him as it's not his property

Link
Edited by: "OllieSt" 14th Nov
Clearly you didn't buy it as you just ordered it and that difference is key here.
Learn and move on.
Edited by: "PeacePipe" 13th Nov
OllieSt13/11/2019 19:33

Guy takes delivery of neighbour's dress and it then gest stolen. His …Guy takes delivery of neighbour's dress and it then gest stolen. His insurance company won't cover him as it's not his propertyLink



Interesting story, and proof as to why a lot of people now refuse to take in other people's deliveries. I suppose if you are the type to pull a con then you'll take in whatever you can and swear blind you didn't. I'll always help if I can as; having been a driver before for over a decade; I know how frustrating a job it can be if you can't leave the goods. As another recent thread on here complained about, I for one NEVER just left goods unattended at a drop. I'd do anything else, but that. Too much stress for the customer - and the company...

I took in a box for a neighbour not too long ago and I'm slowly coming around to the way of thinking that it's more hassle than it's worth. He came round to collect and actually had a strop about me taking it in and said "They shouldn't have done that. I've told them not to leave stuff with others!" That's not my problem or my fault, buddy. Sheesh! Try and do a favour eh?
They maybe cant take it back once they deliver it. If they haven't then they have the right to cancel the order
fanpages13/11/2019 19:20

^ "We took care of it"So far no action, though.



Phsycronix13/11/2019 19:25

I always seem to get those "auto" messages. As you say though - nothing …I always seem to get those "auto" messages. As you say though - nothing happens???



I replied 50 minutes later to remind them that no action has occurred.

The image has now been clipped.
I reported it to contain personal information. Thanks for clipping MODs
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