Found 21st Oct 2010
I brought something 5 days ago at a misprice, everyone else seems to have had cancellation emails starting from the day after to today, however iv had none! went on my banking and theyve taken the money today, do they now have to honour this???

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28 Comments

from what i've read on here yes.

Banned

just pm magicjay :P

Banned

no they dont

Original Poster

whos magicjay??

what have u ordered

Yeh if they have taken the money they have to provide you with the goods.

addyfisher

what have u ordered



this.

Good luck OP - let us know if you get it!

Original Poster

it was the handheld hd camcorder priced at £9.95

Original Poster

oh so chances are 0 then lol

No contract until they despatch the goods. They can just refund your money.

looked on thread, seem to say that company take the money out on dispatch, so never say never

Original Poster

im keeping my fingers crossed, nothing ventured nothing gained hey!!

Fingers crossed you get it.

From their t&C's..

The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) dispatch the goods to you or commence the services, whichever is the earlier.

The card has been debited. They must supply or they are breaking their own set terms

Original Poster

grabbit

From their t&C's..The conclusion of a contract between you and us will … From their t&C's..The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) dispatch the goods to you or commence the services, whichever is the earlier.The card has been debited. They must supply or they are breaking their own set terms



cheers, just went and had a look myself, sounds promising

What isn't true? That is their t&c's. They state the contract is formed when payment is taken. In this case they have taken payment,therefore if they don't supply the item they are breaking that contract. (breech of contract ~ same thing)

The contract has been formed,so either they supply or you take them up for it,threaten with small claim if necessary

Some companies do state the item must be actually dispatched before contract is formed,but this one does not,

If you don't get the item OP inform them you will be taking legal advice/action for breech of contract

Edited by: "grabbit" 21st Oct 2010

Banned

tinkerbell28

This is not true at all. They are in breech of contract, tis all if you … This is not true at all. They are in breech of contract, tis all if you had the time you could chase for a possible comp claim in the small claims court which is a bit here nor there.



Thats what he said isn't it?
They either have to supply or they are in breach of contract.
OP have they actually taken the money or is it just a pre-authorisation?

Supermod

I dont mind looking at this for you but I cannot do so until tomorrow. If you dont get a satisfactory response in this thread then please send me a PM and I will take a look.

This is a matter which isn't worth going to the small claims court over. There are many reasons but the main reason is that your loss is only that of an item at a low price. The risk is disproportionate to the level of sums involved.

Supermod

tinkerbell28

He said it in a better way



I am still waiting for your pic!!!

Supermod

tinkerbell28

Ohhh yeah X) Forgot about that (_;)

I hadnt! oO

The OP can,and should,contact the company if the company fail to deliver,its cleary a breech of contract,the company will not want an opened case against them so they may dispatch if they have not already did so

You brought something 5 days ago? What did you bring?

magicjay1986

I dont mind looking at this for you but I cannot do so until tomorrow. If … I dont mind looking at this for you but I cannot do so until tomorrow. If you dont get a satisfactory response in this thread then please send me a PM and I will take a look. This is a matter which isn't worth going to the small claims court over. There are many reasons but the main reason is that your loss is only that of an item at a low price. The risk is disproportionate to the level of sums involved.



If what the OP has said is correct and the money has in fact been taken, then I personally think the chance of recovery is fairly high with a fairly low monatary outlay at risk. They would clearly be in breach of contract and the OP has suffered the loss of a bargin.

I would however have to agree with you that the effort involved is not worth the recovery, but I would certainly try a couple of cheeky emails threatening proceedings.

Supermod

the2ocan

If what the OP has said is correct and the money has in fact been taken, … If what the OP has said is correct and the money has in fact been taken, then I personally think the chance of recovery is fairly high with a fairly low monatary outlay at risk. They would clearly be in breach of contract and the OP has suffered the loss of a bargin. I would however have to agree with you that the effort involved is not worth the recovery, but I would certainly try a couple of cheeky emails threatening proceedings.



What is the lowest in stock price of this item? £69.99? So you would sue them for £60 after already knowing it was a misprice? It is wise to just forget it and move on. Entirely disproportionate.

Also, I reserve any comment until I have read the conditions and then the relevant legal authority to assist.

Why can shops online hide behind T & C for misprices when in store if there is misprice and you take that item to the counter, you will get it at the misprice price?

Original Poster

Hi sorry went to bed early last night, they have actually taken the money from my account its not a pending amount waiting to go out, still havent had a cancellation email like everyone else, but that said it says est dispatch date 4th Nov so theres still a while to wait yet!!

Banned

jaysexy212005

Why can shops online hide behind T & C for misprices when in store if … Why can shops online hide behind T & C for misprices when in store if there is misprice and you take that item to the counter, you will get it at the misprice price?



Only if they want to sell you it. If the cashier says no then you won't get it. No difference to online, they either send it or they don't.

Supermod

jaysexy212005

Why can shops online hide behind T & C for misprices when in store if … Why can shops online hide behind T & C for misprices when in store if there is misprice and you take that item to the counter, you will get it at the misprice price?



That is VERY sweeping. You wouldn't always get it at the misprice instore. Depends how vigilant the store employees are.

Also, I have a problem with people bemoaning online retailers being able to "hide behind their terms and conditions". Imagine the opposite of this scenario which would mean that the retailer has the "upper hand" over the consumer. You buy an item at a misprice and then they take the full account from your back. Not very fair, I would hope you agree. Therefore, why should the consumer be penalised for a genuince misprice?
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