View Full Version : Bugger quick - help!
My new CPU, the 4000+ which is worth about £500, was priced at £55 (£90 with VAT+P&P) (didnt publish link because thats wrong! still wont :p) anyhow they called and were like "engineer error, there is no AMD4000+" I'm like "yes there is!" he's like "Ohh its a Sempron" and stuff, trying to wrangle out of it, mentioned 3500 and lots of stuff I didnt understand (no, I will not give link >.<)
Anyhow, he's calling back within and hour, and i dunno what to say/do, I know cause they sent a VAT Invoice they are legally obliged to provide, but I'm really not looking forward to a.. NO I WILL NOT GIVE LINK!! confrontation, even via the phone, so gimme advice, settle for a 3500 + mobo or something? Or push it and say "ok, i've checked, the stats are the 4000+ it cant be an error as the chip described is the chip selling, I have invoice, vat one and such"
So advice (no link :p)
Sorry, can't help... i just wanted to point out that I was sceptical about clicking on a thread with the words Lexxuk, Bugger and Quick in the title :lol: :p :D
heh, they put the price of item at £555 now, so it is the right item and in stock, any lawyers here?
fight it ....
oh and um..... good luck ......
:p
Jesterthegreat
28-01-05, 20:28
did you screenie the page and a recipt if it gave you one (for order tracking?)
:edit: if so provide the screenies, along with links to other sites selling said CPU(to show it exists)
:edit: to him, not us :p
http://www.dgwebb.force9.co.uk/images/1.jpg
http://www.dgwebb.force9.co.uk/images/2.jpg
http://www.dgwebb.force9.co.uk/images/3.jpg
also have VAT invoice etc..
/edit - notice the Order Number is the same, that is important
/edit2 @ Below - legally they conrifmed and agreed to order via email, they are obliged (contractually) to sell it to me at said price, I just need a lawyer to advise me before they call back :p
Jesterthegreat
28-01-05, 20:37
so... they say it doesnt exist when they are still selling it for a different price?
i wonder what the legal situation is in this? i would assume they can refuse to take the money and ship the product :(
Fight it damnit!
When i got a PM from jernau saying it was at an error price, I was like, ok, maybe
he can save a few £ on it... but £55 for the CPU!! FIGHT GOD DAMNIT!!!
If you've got a proof of purchase document then they cannot refuse you the goods. The document is a binding contract between the buyer and seller.
Fight it!
Fight it - Worst that can happen is a refusal of service.
Then:
Take name of fella on phone, time and duration, all relevant details and trading standards are your next stop.
He called back, and was quite nice, till I pointed out "I went back and looked, it is there, just £555 so must have been a pricing error" (I was actually told when I bought it the price was about right btw) then I sent him to froogle (use the froogle.google.co.uk luke!) and eventually he tried to offer me a chip from Froogle, I'm like "that chip there?" he's "yes, that chip" so I'm "thats the chip I just bought so your sending me the 4000+?" he's "no, one for £64" and I'm "no, i ordered etc.." and he hung up on me! :o :lol: :lol: kind of makes me wish I did publish the url, 1,000 people buying it = HAHA, 10 orders, so its going to cost him about 5k, so I do feel sorry for him, I *was* going to say "ok, I'm reasonable, I'll accept a 3500 instead" but he hung up before i could
Rogue Arson
28-01-05, 21:25
I'd check the sight for a "prices subject to change without notice" line somewhere before you get too excited. 99% of companies insure thats on every bit of advert they do.
I'd check the sight for a "prices subject to change without notice" line somewhere before you get too excited. 99% of companies insure thats on every bit of advert they do.
It's all a bit too late for negotiation after they raise a VAT invoice.
False invoicing is a crime and the taxman has special gloves for naughty people like that.
I'd check the sight for a "prices subject to change without notice" line somewhere before you get too excited. 99% of companies insure thats on every bit of advert they do.
Its illegal under the unfair contracts act to include in any contract "we reserve the right to alter the contract at any time after the contract is made", you cannot vary a contract once made, as jernau said.
http://www.dgwebb.force9.co.uk/invoice.JPG
http://www.dgwebb.force9.co.uk/email.JPG
as you can see, I have been invoiced and the email is a confirmation, ergo they agreed to the price offered AND completed the transaction there and then.
You should have bought like 5 and kept one, sold the rest for £300 @ ebay easy.
You should have bought like 5 and kept one, sold the rest for £300 @ ebay easy.
Who would do such a thing?
.
.
.
:angel:
Who would do such a thing?
.
.
.
:angel:
Pure evil :p
Aye, but look at the price, £555+vat is about £650, I could easily sell chip on ebay for £500, grab a 3500+, NV mobo + gig o ram and still have change for my subscription to SailorMoon Monthly :p
this reminds me of a Tesco-spec PC fiasco a while back.
don't remember the exact details offhand but they were advertising
a veeeery cheap PC on their home shopping webby by mistake
and before they had a chance to rectify, honoured the deal to a bunch of ppl
(some from this forum) purely to save face, not cos they were contractually obligated.
ive worked in shops before (not the same kettle of fish i know)
and the right to refuse service saves our neck in all circumsatances like this
those screenies you have could do a lot of damage tho
fightfightfight!!!
Stores are different, you take item to checkout, girl sees its a £500 item for £200 and refuses, thats because the contract is not fulfilled, from what I've read it goes like this
Find Item, read price, price = £200
Take item to Checkout = Offer to pay £200
This is where the checkout girl has to either accept or refuse, if she accepts the offer, its done, but here she can refuse to accept your offer of £200.
If offer is accepted, you get reciept, transaction cannot be undone even if she then notices and says "oh bugger me" its a contract.
With this one its..
Find Ite, read price, price = £55 (+vat&pp)
Take item to Checkout (order online) = Offer to pay £55
This is where computers and automation are evil, an automatic confirmation and invoice = evil, if they had sent an email saying "Thank you for your order, we will confirm your order upon despatch" then they would not have completed the transaction, amazon for instance say "we confirm on despatch".
These people however a) confirmed the order and b) sent me a VAT charged invoice, which as I've been told, puts it in the hands of the Inland Revenue as well, so I have Confirmation and Invoice, which is their acceptance of my offer of £55, contract is confirmed, cannot be changed.
Hopefully, FIGHT THE POWER!!!
send a mail to the OFT lexx. ask them for their opinion.
(they will agree as we all have that they have an agreement with you and are obliged to fulfill it)
but as they are the big ol' important people that wear suits they can force the delivery of product and fine this company.
edit: office of fair trading btw. (sorry if you knew that.)
Jesterthegreat
29-01-05, 00:49
t'was a gamecube on their website i think...
they canceled all the orders and about a week later they emailed the customers saying they will honour the agreement and sold them dirt cheap :p
or just e-mail them explaining the agreement and if you should get in touch with the OFT instead.....see what they say....
Asurmen Spec Op
29-01-05, 01:41
well its a legal contract lexx so they have to sell it to you.
they accepted your money(gave ya an invoice) and in turn you get the goods. thats teh law
I'm not a legal chappie (Dad is, I'll ask if you like) but to me it would seem that they have to honor the agreement. :D.
Good luck dude, hanging up is just plain fucking rude aswell.
Jesterthegreat
29-01-05, 17:03
if only i hadnt waited a fuckin day before ordering mine :mad:
Monday I'll call Trading Standards, they should be able to give me information as to wether or not the invoice concludes the transaction so they must therefore honour the contract. If TS say "yes!" I'll phone them up and explain nicely that I spoke to TS, and I'll be quite happy to go to the small claims court which would end up costing them even more money. I want my 4000+ :D
Update!!
Called Trading Standards today, I have to write via recorded delivery to the company stating, we have a common law contract which he must honour and he must deliver the CPU within 14 days!
In other words the law says he has to sell me the chip at the price stated and send it me, winner tbh :D
Update!!
Called Trading Standards today, I have to write via recorded delivery to the company stating, we have a common law contract which he must honour and he must deliver the CPU within 14 days!
In other words the law says he has to sell me the chip at the price stated and send it me, winner tbh :D
Winnar! nice one mate, enjoy the new chip!
Winnar! nice one mate, enjoy the new chip!
Not sure it will be *that* easy, they will probably tell me where to go, which means I'll have to get back to trading standards again, and might end up in the small claims court. Considering phoning, stating we have a contract, offering to accept a 3500 instead.
QuantumDelta
31-01-05, 17:40
Make 100% sure that's the winchester not the newcastle if you do the 3500 (though I can't remember if the newcastle is 3500 or not :p)
Their mistake.
Don't let them wriggle out of it, imo I'd go small claims court if it came to it.
Up to you though ;p
winchester is 939, newcastle the 7** thingymabob, the 4000+ clawhammer is also a 130nm compared to the 3500's 90nm, but on toms hardware the 4000+ comes 2nd in things like Quake3 @ resolutions my monitor cant handle :o and i already got suse 9.2 (32+64bit) to play with when new CPU arrives, i'm so happy I could almost be nice for a change :cool:
Simple contract law.
There invitation to treat was the £55 + Vat, them stating this and you accepting this does not automatically mean you have entered into a contract with them. However, as they have sent you the invoice confirming that this offer was accepted by them this means they have legally entered into a contract with you. Meaning they have to fill out their end of the bargin or you can take them to court and get it out of them that way (along with them having to pay all you legal fees on top of their own)
They fucked up and they have to pay the price.
Aye, the dude on the phone (nice chap) explained it all. He put me on hold a few times too to check stuff, initially because they had not taken money off the CC they could argue that, though I had confirmation email. As soon as I told the guy I had an invoice number, it was "consideration has been paid, its a contract under common law".
Hmm not too sure on this one Lex pretty sure they could give you two fingers due to them not taking money off...if they have this in thier terms and conditions then frankly you haven't got a leg to stand on as that is also your contract.
They could have argued the case that they had not taken money, because the way a transaction works is, offer at price, accept price, exchange monies, recieve goods. However, due to the fact I have an invoice, then what is known as "consideration paid" takes effect (guy from Trading Standards checked a few times), which I would assume is, offer at price, accept price, consideration paid, exchange monies, recieve item.
I think it just means that as I have the invoice, the contract is legally binding, they have accepted my offer of £55, and its really complicated, but the TS dude says its a legally binding agreement and they *must* honour it (or else I go back to TS within 10 days and.. well i r gettin chip :D)
They could have argued the case that they had not taken money, because the way a transaction works is, offer at price, accept price, exchange monies, recieve goods. However, due to the fact I have an invoice, then what is known as "consideration paid" takes effect (guy from Trading Standards checked a few times), which I would assume is, offer at price, accept price, consideration paid, exchange monies, recieve item.
I think it just means that as I have the invoice, the contract is legally binding, they have accepted my offer of £55, and its really complicated, but the TS dude says its a legally binding agreement and they *must* honour it (or else I go back to TS within 10 days and.. well i r gettin chip :D)
Nice, so that old chip you were about to send me?
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