LAIR Thread - * Rules: post #469

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Well Patsu, I'm glad it's not making everyone feel bad ;)

Although, I sent a letter to complain just to see if anything comes of it... Here's hoping.
 
I was at Fry's this evening to pick up Warhawk. Spent about 10 minutes trying to convince the manager to sell me a copy of Lair early. No go :(
 
You mean, they had it in store already? I thought it was taken back after going gold before to do some tweaks?

It'd be nice to buy a PS3 game finally, not bought any since launch though HS is pre-ordered as was lair :???:
 
It's supposed to go on sale this Friday (The manager said so). I told her if I buy on Friday, I'd probably get it from another store near my office. Then asked if she can sell me a copy on the spot.
 
I don't think it is the law that they have to uphold the price. E&OE is commonly used regards pricing in all forms of written adverts. If they had taken your money, they'd need to serve you, because in taking your money they'd have entered a contract to serve you the product. Until a contract is entered though, all they need to do is keep you informed and give you the choice to cancel (if they don't cancel it automatically).

I wonder if this'll have a negative impact on the games or not? Will some people feel a bit hard-done by and no longer see the games as worth £40 where once they would have, because they've been thinking they'd get them for £15?
 
Amazon blows...
I think it's ok to cancel the order after they noticed that there was a pricing error, but not after they have sent you an email confirming that they'll honor the price. I'll think twice before purchasing stuff from them in the future.
 
Surely those who received that email should be able to fight this.

I didn't question it myself so I haven't got one, but if they told you that over the phone (and you could prove it) it would be legally binding, email should be no different.
 
After my complain letter i received this:

Thank you for contacting Amazon.co.uk.

Please allow me to apologise for any inconvenience we have caused
with the pricing of "Lair (PS3)" and "Folklore (PS3)".

Please note that if an item's correct price is lower than our stated
price, we charge the lower amount and ship you the item. If an
item's correct price is higher than our stated price, we will, at
our discretion, either contact you for instructions before shipping
or cancel your order and notify you of such cancellation.

We realise that the cancellation of this item may have been
disappointing, but we want to make sure that your decision to make a
purchase with us is based on the most accurate information possible.

Please know that this situation was the result of a combination of
technical and human errors, and that in no way did we intend for
this to happen. Once we found out that a pricing error has been
occurred we have cancelled the outstanding orders, we are sorry that
your order was affected.

Amazon.co.uk endeavors to provide our customers with the best
possible online shopping experience and we realise that on this
occasion, as a result of a pricing error, we have not met that
standard.

We notified you as soon as we learned that the price of this item
had changed. We do genuinely regret having made this mistake and
apologise again for the inconvenience you have experienced.

You can read more about our pricing policies in our Help pages:

http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=1040616

The Conditions of Use and Sale displayed on our website clearly
state that there is no contract between Amazon.co.uk and the
customer for an item until Amazon.co.uk accepts the customer order
by e-mail, confirming that it has dispatched the item. The order
confirmation e-mail is simply an acknowledgement of our receipt of
your order and no contract is formed until we send an e-mail
confirming that we've dispatched the item.

Until that time, Amazon.co.uk is within its rights not to accept
your order and may indicate its non-acceptance by cancelling your
order.

For further information on our Conditions of Use and Sale, please
see our online Help Desk at the following link:
http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=1040616

We endeavour to provide our customers with the best possible
customer experience and we realise that on this occasion, as a
result of a pricing error, we have not met that standard. We do
genuinely regret having made this mistake and apologise again for
the inconvenience you have experienced.

I hope that you will allow us another opportunity to prove the
quality of our service to you in the future. We hope you will
continue to enjoy shopping at Amazon.co.uk.


Please let us know if this e-mail answered your question:

If yes, click here:
http://www.amazon.co.uk/rsvp-y?c=uhrahhfu3456370725
If not, click here:
http://www.amazon.co.uk/rsvp-n?c=uhrahhfu3456370725&q=ukff

Please note: this e-mail was sent from an address that cannot accept
incoming e-mail.

To contact us about an unrelated issue, please visit the Help
section of our website.


Warmest regards

Jai kumar H.
Customer Service
Amazon.co.uk

:cry:
 
Surely those who received that email should be able to fight this.

I didn't question it myself so I haven't got one, but if they told you that over the phone (and you could prove it) it would be legally binding, email should be no different.
Again, it's the old E&OE effect coming to bare. Consider this outrageous example. You see a $2000 TV on sale for $1800. You phone up and the person on the other end says 'No, you can have it for $50.' Should the company be obliged to honour that agreements? Especially when it turns out the person saying that is miffed with the company because they had their holiday canceled or something daft, and starts giving stuff away super-cheap?

The law as it is is fair. Of course we'd like to benefit from their mistakes, but the haven't done anything malicious. Somebody goofed. The company could lose lots of money if they had to honour all those sales. That would be an expensive mistake!
 
Of course and it's technically not a contract until they take your money, which is said enough on the site.

I accept it, just thought that it was worth the try, but I don't plan to persue it, we don't have a leg to stand on.

I will still pick up lair though, Folklore was more for the fact it was cheap, the demo was enough for me.
 
Of course and it's technically not a contract until they take your money, which is said enough on the site.

I accept it, just thought that it was worth the try, but I don't plan to persue it, we don't have a leg to stand on.

I will still pick up lair though, Folklore was more for the fact it was cheap, the demo was enough for me.

One person has already recieved both for £14.95 after complaining.
 
I didn't see anything in the law to suggest this is so in a recent dispute I had with a company. Bought a washing machine from Pixmania, advertised as in stock, and 'No bill until goods dispatched'. They took the money without having any of them in stock, without knowing when they were to get more stock, and didn't notify me. This struck as unfair practice and I expected something at Trading Standards would tell me how to report them to some governing body or other.

But there wasn't. They refunded my money promptly once contacted, and only advice I got was that I might be able to get them on Misrepresentation of Goods as they advertised the product as in stock when it wasn't, and that was a reason for me choosing them as a supplier.

In this case, you could pull on the Misrepresentation of Goods act, except Amazon are covered by E&OE, and their terms and conditions clearly explain this. Of course, kicking up a stink sometimes gets you the 'win' anyway, because companies don't want to drag on arguments for ever and like happy customers. But IMO that's just sinking too low! Perhaps a very poor family keen to get an exciting present both poor little Jonny who...despite being poor has a PS3, probably nicked from someone...would have sufficient grievance to make it worthwhile. Otherwise for the staff who have to take your hassle, who aren't doing anything wrong when arguing that you should accept the lower price, it's bad form.
 
See my post above. ie. what are you going to do if they refuse? Sue them?

Well, in well semi-well functioning countries as norway, all you have to do is call something called the Consumer's Council (free to call, open every day), talk to a guy, present your case, if you have a case, he will tell you to file an official thingy, then Consumer's Council will take it them to "consumers court" for you, for free.

Long story short, as long as your right, you get whatever the hell you wanted to begin with, and in a worst case scenario (Sony did this with the PS2, refusing to repair broken consoles) you end up with a very hefty fine and whatever the consumer is entitled to is taken from that anyway.
 
Again, it's the old E&OE effect coming to bare. Consider this outrageous example. You see a $2000 TV on sale for $1800. You phone up and the person on the other end says 'No, you can have it for $50.' Should the company be obliged to honour that agreements? Especially when it turns out the person saying that is miffed with the company because they had their holiday canceled or something daft, and starts giving stuff away super-cheap?

The law as it is is fair. Of course we'd like to benefit from their mistakes, but the haven't done anything malicious. Somebody goofed. The company could lose lots of money if they had to honour all those sales. That would be an expensive mistake!

Technically, that person who says "you can have it for $50", depending on where you live (if oral agreements are considered as valid as written, most european countries consider them valid), consumer gets the thing for $50 bucks, and the person who on the phone ends up paying the other $1750 to the company.

As long as the costumer acts in "good faith" its not his problem, however, one could debate if its reasonable to be in "good faith" if you get offered a $2000 TV for $50 bucks.

This is the same if you are in charge of buying something for a company, you have gotten a clear message about how much you should pay (at max) and go on and exceeding it. The company is not liable for the purscase, however, the person buying it is.
 
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