Quote from: matt5cottinteresting 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?

Not neccesarilly (spelling is crap I know...) they [Game] cant enforce a law for themselves that contravenes(?) UK law. But again Id say get the word from Consumer direct, its a free service to the public and will clear up the point once and for all wether Games T&C are legit or if you have a point to proceed on?

Quote from: mrt

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

Matt

Here come the buzzards!  

calm down fella, Ive got hair so i must be a vulture!

have i got that completely the wrong way round?

either way, if that game goes into for sale section, Im racing you all for it!

Matt

Roit, I have mailed the consumer boys!

Quote from: dogberthttp://www.consumerdirect.gov.uk/contact

Firstly, sam your talking b@ll@cks..

The bollocks is coming from you. I used to own a shop and people tried it on many a time. I told them to fo every time.

PS. We used to laugh at trading standards. They have zero powers.

I believe the calrifications are that once your card has actually been billed (Not just authorised) then the title of goods passes over you you. At that point there is nothing they can do.  However if they have authorised but not billed then they are well within their rights to say you cant have stuff.  An invitation to treat for goods isnt a contract of sale, and offering goods at a price doesnt bind you to sell them at that price.  

A few years back companies used to take the orders and bill striaght away, that meant they had no comeback at all.  They had debited the funds from your account/card so the good were yours at that point.  These days they dont tend to bill until the good are being dispatched, or in some cases ive noticed until upto a week afterwards.  Until they have actually billed the card its arguable who owns the products.  The person with them, or the company that sent them out.  

Basically, if they had stuck the 360 in the post and billed your card at that point for £30 then its yours.  If they sent out the game for £30 and billed your card then you own the game.  Argos are the highest profile online retailer to take this to court, and they won.  Provided they dont send the mispriced item out of the warehouse they are on safe ground.  

I remember numerous times muppets kicking off in/at Tekheads thinking that Trading Standards would supply them with a moon on a stick courtesy of Tekheads. Theyd often march off saying "Im calling trading standards" and that would be the last youd hear from them. Trading Standards are useless, and they certainly cant enforce these ludicrous contracts of sale.

Quote from: Clockd 0NeI remember numerous times muppets kicking off in/at Tekheads thinking that Trading Standards would supply them with a moon on a stick courtesy of Tekheads. Theyd often march off saying "Im calling trading standards" and that would be the last youd hear from them. Trading Standards are useless, and they certainly cant enforce these ludicrous contracts of sale.

a contract of sale is protected undder the sale of good act, once payment for an item has been taken then the contract is concluded, and the title of good transfers over.  it is an actual contract, and is recognised in law as such.  The trick to avoid any problems is not to bill the customer until the goods are picked, packed and checked.  At that point you remove all chance of the wrong stuff being sent out at the wrong price.  Trading standards can advise on the correct course of action, and if they feel that the case merits it they can pass the detials onto the relevant government body if the occasion demands it.

That said, if they really want to cover their arses they can use the 7 day rule and say bollocks to the customer anyway.  

Nige, let these people think trading standards or superman is gonna save them. If they dont want to listen to the voice of reason then let them think they are getting a 50" plasmas for 40 pence.

Quote from: SamNige, let these people think trading standards or superman is gonna save them. If they dont want to listen to the voice of reason then let them think they are getting a 50" plasmas for 40 pence.

If you go into a shop and they have a TV up for £20, you pay the £20 and carry it away then there is nothing the shop can do once they have taken payment.  At the point the fee has been agreed, and payment taken then the title of good passes over to the customer.  This point has been argued in courts, IIRC the actual case law was established in the 1860s (im somewhat rusty on dates as it was ~3 years since i did law).  The same laws apply to distance selling, but there are now some provisions.  GAME are on a sticky point by sending out just the game though.  They should have sent nothing at all and said that there was a mistake.  

Here what they said

Dear Mr Scott

Thank you for your enquiry to Consumer Direct dated 30/08/2007.  Your
reference number for this case is EM-CC-00198416 and should be quoted
 in
all further correspondence regarding this case.

Under UK law, you would be unable to make the trader supply the goods
you have ordered.
When we order goods over a distance, the law generally treats the
contract as being concluded when the goods arrive.
Until this point either party can withdraw from the contract despite
payment having been made.
Therefore if the trader have recognised their mistake prior to sending
you the goods, they would be within their rights to not dispatch them.
In this case, as the trader supplied you with a receipt stating that
only the games had been ordered, this would be seen as notification
 that
they were not supplying the console.
We can only suggest that you write to the trader on a customer service
issue, but do bear in mind that they would not be legally obliged to do
anything for you.
You would be entitled to return the games (unopened) to the trader for
a full refund under the Consumer Protection Distance Selling
Regulations, which grant you a 7 day cooling off period in which you
 can
return goods to the trader should you not wish to keep them. The trader
would be entitled to charge postage for this return.

If you require any further advice or information about this case,
please do not hesitate to contact Consumer Direct on 08454 04 05 06
quoting the case reference number. Please do not respond to this email
as the Consumer Direct inbox is not monitored and your response will
 not
be replied to.


Thank you for your enquiry.

xxxx

Consumer Direct East Midlands

Seems *some people* = pwned by Sam - again!

Not that I didnt try and warn them...

Quote from: BeakerIf you go into a shop and they have a TV up for £20, you pay the £20 and carry it away then there is nothing the shop can do once they have taken payment.

Point is this isnt walking into a shop and buying it; in which case if the till assistant lets them walk off after paying so little they deserve to be sacked. Of course they are not going to chase you down the road and demand their TV back for your £20.

This is people ordering online, there is a world of difference. Trading Standards are not there to bully companies into giving out idiot prizes to people.

Anyone that thinks simply because they clicked the Checkout button that they the company is legally bound to them is sorely mistaken, and it tends to be the same people every time rearing their heads with consumer rights every time this comes up.

Quote from: Clockd 0NeAnyone that thinks simply because they clicked the Checkout button that they the company is legally bound to them is sorely mistaken, and it tends to be the same people every time rearing their heads with consumer rights every time this comes up.

If i click the checkout button and the price is stupid then I just hope whatever it is arrives.  If it doesnt I shrug my shoulders and hope it comes through next time.  The way it was explained to me by my old Lecturer was that if they have shipped it and billed you, they cant then change the price and bill you more, or ask for it back.  They can refuse to supply, or they can supply an alternate if you are willing to accept one.  I know perfectly well that a price on an item isnt fixed, its simply an invitation to treat.  

Once its out the door its a bit more difficult for them to recall it, although there are some companies that would...

Amazingly I was right. Surprises me that does.

When you go into a shop, they are not obligued to sell a price on the shelf either, contrary to popular  belief.
Once youve left the shop tho yes you havae the goods.