No doubt someone like Sam can answer these queries in his sleep, I am sure many others of you can help too.

1

Yesterday morning I ordered a 360 bundle from a well known high street retailer online for £30, the bundle was for a 360, and 2 games.

This morning I have recieved the 2 games sans 360, am I correct in thinking I can rightly ask where my console is?

I can only assume the money has been taken from my card, its not showing up on my bank account just yet, but these things take a couple of days usually.

Afaik theres now a contract with them having sent the goods out, and (assumedly, will clarify asap) charging my card.

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2

Later that morning I felt a bit fruity, so ordered another one of the other 360 bundles, this was for one game, with the console, I bought this for £10. I wanted it to get shipped and out of there asap so I put next day delivery on for £4.95, then used £12.50 of my reward points the total of the order came to £2.45, now I have had an email from said company acknowledging that this order is due to a misprint on the website, and as a token of goodwill they are willing to offer me the game on its own (bioshock) for £10. However checking my credit card it would appear that £2.45 is missing from my credit limit, so it would appear that theres a good chance that in the next couple of days £2.45 is going to be taken from it.

Furthermore the chap who emailed about this said I have until 5pm on Tuesday to take advantage of this goodwill gesture now then, is it really a goodwill gesture, or have I got him by the short and curlies and he knows it?

1. Of course you can ask where your console is. And they cant fob you off on the courier, your contract is with the company and them alone.

2. Two points here. Firstly, you have no legal right to the item if it is an obvious error which a x360 for £15 or whatever is. Secondly, youre taking the piss. So forget about getting the console. This point has been tested in court before by Argos I think?

Forget it, at that price its an obvious mistake.

Cheers for your input Sam, I knew you would have a better idea than most

I got the email reciept from Game on Saturday, yet it was dated as Friday, I have indeed been charged £30 and have recieved Bioshock and Flatout through the post for the above price. However when I was ordering it did clearly say that it was an xbox 360 CONSOLE bundle (have screenies etc) and now as far as I am concerned surely Game have entered into a contract and failed to supply?

the problem is, therell be some small print somewhere when you were ordering protecting them from this sort of thing

Quote from: Sam1. Of course you can ask where your console is. And they cant fob you off on the courier, your contract is with the company and them alone.

2. Two points here. Firstly, you have no legal right to the item if it is an obvious error which a x360 for £15 or whatever is. Secondly, youre taking the piss. So forget about getting the console. This point has been tested in court before by Argos I think?

point 2

IF they debited his card, then that is a completed transaction isnt it?
You cant sell somthing to someone in a shop & then chase them out the door saying it was the wrong price after the transaction has completed

Except in this case its done by a machine, which is to all intents and purposes a stupid moron anyway, so there is no way of checking before your card is debited. TBH they should have refunded the money and given the option of the games at the price.

Sam is right on this item.

Look Im not just guessing. It doesnt matter if theyve debited his card or not. The law is clear, if its an obvious error, like £2 instead of £200 then they do not have to supply. This has been tested in court before and the company won.

Thanks everyone

http://www.consumerdirect.gov.uk/contact
08454 040506

Matt, you have a case here, do not drop it!

Ive just shown this thread to my wife who is a Trading Standards officer;

Firstly, sam your talking b@ll@cks...the obvious fault thing youre talking about is for the goods proper. I.e. buying a car with a broken window and then asking for compensation to fix it, it was an obvious fault and you have no reclaim.

Matt call consumer direct, they will want more details but if youre correct then Game dont have a leg to stand on as they have tendered for trade and accepted your contract. Your case is seems strong to me as they have already taken your money for the goods offered.

The fact they contacted you at a later time about a subsequent purchase is not related, it simply shows theyd found the error but they have to honour the original contract.

interesting points dogbert, I thought that, until I read in games own T&Cs that you accept when ordering it says

1.3 We will not be legally bound by any factual or typographical errors on the website or other promotional materials.

Slams the door shut?

Full T&Cs are here anyway,

http://www.game.co.uk/help/TandC.aspx

P.S

1.1 A contract for the sale of product(s) you order from us is only created once we have e-mailed you confirmation that your order has been despatched, this is when we will charge your card.

Only applies to Case 1 as I did get this confirmation, Case 2 had no such email and I got mailed about this from Game saying its a mistake, do you want bioshock for a tenner as a goodwill gesture. In Case 1 they have fully charged my card also for the £30.

In every one of these misprice stories you always get one have-a-go hero, willing to take it to the very top. Go for it, dont be suprised when you get nowhere though.

Never, okay - once, has anyone got anywhere!

Kodak is the only one I can remember that actually came up trumps.

Quote from: ViniIn every one of these misprice stories you always get one have-a-go hero, willing to take it to the very top. Go for it, dont be suprised when you get nowhere though.

Never, okay - once, has anyone got anywhere!

Kodak is the only one I can remember that actually came up trumps.

Well I still have bioshock tin edition and flatout for £30 delivered, with the addition of another copy of bioshock for £10 so even if it stalls and goes nowhere im not complaining

ill give you a tenner for that second copy of bioshock

Matt

Quote from: bytejunkieill give you a tenner for that second copy of bioshock

Matt

Here come the buzzards!