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    LEGAL POSITION ON JAMES BOND BOXSET ? PLAY.COM

    Right guys, please try and keep this hot, so we can get a good discussion on this topic.
    (Vote hot, please)

    After receiving the email from Play, like everyone else, can they really cancel our orders ?
    I have been on to 2 other websites, and the position seems thus :
    1.) Yes, they can cancel, if they had just offered for trade, and they should remove the product from sale. Legally, they advertise a price, and then increase it throughout the day. Thats why price changes have to be done in store before they open.
    2.) Their T+Cs should correspond with the sale of goods act. Just by advertising T&Cs does not mean that they can ignore the law.
    3.) They have completed a legal contract. They offered, we accepted. We even had the confirmation email.

    I have sent an email back to them with the above points.

    Anyone got any views, or have you sent an email complaining ?

    Keep in touch, vote hot !

    18 Comments

    Admin

    This isn't a deal sorry, and is already being discussed in other threads

    i tried all this with mis -price with WH Smith on a ds game they told me get lost basically, i even responded andwas still told until they take money out of out accounts no contract been made

    Legal position is that you dont have a leg to stand on Im afraid

    some you win some you lose, move on... nothing to see here

    Do me favour mate...these threads really really annoy me they made a mistake get over it...its a dvd box set...get a life.....sheesh

    I complained last time they refused to see my purchase through and I was completely ignored. Dissapointing that they treat seasoned customers like that but what can you do?

    Banned

    voting cold becaise you asked for hot

    In the Liability section of their Terms and Conditions it states the following:
    24. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.

    The internet is different to shopping rules within a bricks and mortar store.

    There isn't really a set law for trading online when it comes to misprices and stores vary when it comes to the point a contract is made. You can check the merchant T&Cs or sometimes the first email you recieve to see at what point the contract is finalised.

    Usually the contract isn't in stone until the goods are despatched and/or you have been billed.

    Merchants have the right to refuse a sale, just like they would if you was in a store.

    My views

    Since these are pre-orders they don't have the goods yet and so they are legally allowed to cancel under distance selling regs under the premise they are unable to obtain the goods. This is the case even if a contract is in place irrespective of price.

    Beyond that any price is an invitation to treat and not a legally enforcable price that it must be sold at. Price is only legally binding when the seller accepts your offer. As to when that is appears to vary in opinion but its not when they send a confirmation email as they have not accepted your payment at that point and may even be beyond that and only contractual once they have dispatched yours goods as otherwise sellers would be between a rock and a hard place if they couldn't source the items, yet couldn't cancel the contract.

    Banned

    another mis-informed person that believes that a merchant HAS to sell at an advertised price.

    wrong wrong wrong.

    legally your up a gumtree

    1. of course they can cancel as they havent taken payment the price on the website is an offer to sell they dont have to if they dont want to
    2. terms and conditions are there for a reason in most cases there terms and conditions are checked by a legal team to make sure they dont leave themselves exposed to such an error as a misprice of £9.99 on a Bond dvd box set
    3.the confirmation email clearly states that this is a confirmation of receiving your request to purchase, until they take payment no contract has been formed therefore no contract to break by not honouring

    had you read the hundreds and hundreds of messages on the original thread then your question would have been answered.......

    99.9% of people (may be not you but everyone else) knew full well that the chances of getting this box set at this price was zero

    i doubt you have any legal position on this but you are welcome to chase this up with play....good luck

    personally speaking i would say get over it and move on its not worth it

    but its your call

    incidentally i dd order one like i ordered Saint's row 2 from tesco and pirates box set from play.....all misprices all got cancelled i moved on...suggest you do 2

    Think it's a bit harsh to criticise someone who is trying to help us all by getting retailers to honour their prices. if you picked something up in a supermarket and by the time you had got to the checkout they told you the price had gone up, you wouldn't really accept it would you?

    bobhund;3203642

    Think it's a bit harsh to criticise someone who is trying to help us all … Think it's a bit harsh to criticise someone who is trying to help us all by getting retailers to honour their prices. if you picked something up in a supermarket and by the time you had got to the checkout they told you the price had gone up, you wouldn't really accept it would you?



    If that something was a huge top of the range bottle of champagne which is priced at £5 instead of £95, i know the chances of me getting it at that price would be very slim....so like in this play.com instance, i can't see how people can be annoyed at not getting it.

    Millarcat has a thread about Misprices here..
    hotukdeals.com/ite…de/

    The best way to look at these misprices is as a game. Mostly we lose but sometimes there are occasional winners.... Shrug your shoulders and walk away and save your energy for the next misprice

    hold on if you picked up something in a store and by the time you got to the till the price had gone up the shop has the right to refuse to sell that product to you at the advertised price. if they choose to do so then they do it for PR not because they have a legal obligation to. The OP want to know the legal stance against play not play's PR stance

    Why should play honour this misprice when they clearly dont have to ......therefore no legal position against them no argument no need for this pointless thread to be started IMO

    Ahahahahaaaaaaaa waaaaahaaaaahahahaaaaa ha ha hoooo.

    Sorry, I just love these threads.

    splatsplatsplat;3203813

    Ahahahahaaaaaaaa waaaaahaaaaahahahaaaaa ha ha hoooo.Sorry, I just love … Ahahahahaaaaaaaa waaaaahaaaaahahahaaaaa ha ha hoooo.Sorry, I just love these threads.



    Me too. Mocking mode activated........

    http://img2.abload.de/img/simpsons_nelson_haha2uwr.jpg
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