Do i have a leg to stand on?

Allyall

Thanks for the help.

Gamesnash.ie: Pat

From their T's And C's

2. Orders

2.1 When you place an Order for Goods or Services, this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms and we shall not be obliged to accept your offer at our discretion. 2.2 We will send you an Order Acknowledgement on receipt of your Order. This is not an order confirmation or order acceptance by us. 2.3 We will accept your offer and create a Contract with you by sending to you an Order Confirmation once we have confirmed availability of the Goods or Services, verified your credit card or payment details as necessary and prepared the Goods for dispatch. We reserve the right to obtain validation of your credit or debit card details before providing you with any Goods or Services.

I have bolded the relevant section. From my understanding of your posted correspondence they did indeed send you an order confirmation and by their own admission formed a contract.

EDIT - As Cabaal correctly points out there is a clause later on allowing them to rescind the contract.

Cabaal

First off did they take the money?

Second off when you ploace an order you see this right above the Place Your order button, it includes a tick box that you MUST tick.

By placing your order, you agree to Misco's privacy notice and Terms and Conditions
Additional cashback terms and conditions may apply.

The T&C's are - http://www.misco.ie/Terms

Quick review of them gives you the following which will not be in your favour and would mean they are covered

2.2 We will send you an Order Acknowledgement on receipt of your Order. This is not an order confirmation or order acceptance by us.

2.1 When you place an Order for Goods or Services, this will be regarded as an offer by you to purchase the Goods or Services subject to these Terms and we shall not be obliged to accept your offer at our discretion

8.1 We make every effort to ensure that all prices and descriptions quoted in our catalogue and on our website are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted your Order and/or received payment from you. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order. In the case of a manifest error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered. A 'manifest error', as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.

Allyall

Hi,

Thanks for the quick replies,

Yes, they did take money from me..

I can't remember ticking the box, but yeah, i probably did.

2.2 - i got the order acknowledgement, wasn't that her saying that it has been released?


2.3 was all done, and confirmation was sent..

Does the consumer rights act 2007 not override their terms and conditions in some form?

Surely anybody could cover themselves that way..?

By putting every possible scenario into t&c.

The 2007 act lines that i have highlighted, are overwritten by them (Misco) in 8.1

Saruman

Lets be honest, did you honestly think €87 was a realistic price for a laptop? And that two of them for €211 was not going to raise a red flag?

It might seem like you are hard done by but they are a business and if they honoured mistakes like that then they would not last very long.

Happens all the time in bargain alerts, someone posts an obvious price error and loads of people chance their arm but at the end of the day they know that they will be lucky if they get the item.

Cabaal

106e for a laptop, the order seemed to good to be true and this was realised before it went through fully. You chanced your arm and they found out.

OP, be honest you knew right well that the following laptop didn't cost 106e,

http://www.misco.ie/ProductInfo/ProductInfo?productCode=170116
HP ProBook 6550b Intel Core i3-370M / 15.6" HD / 2GB / 320GB / DVD+/-RW LS / Windows 7 Professional / Laptop / Notebook

:rolleyes:

91011

The first error is "quoting" law, consumer acts etc when you don't have specific knowledge of it. - the retailer will just tell you to eff off in as nice or un-nice a way as they wish.


It would be very obvious to anyone that this is a pricing error as the specific product sells for about €1200 and not €100. - If you could show that similar computers sell for €100, then you could have a very very sight case against them - but there isn't even a netbook available at this price.

Therefore the company will claim quite rightly that it was a simple error and they would not be obiged to complete the contract. - Trying to challenge them with criminal law proceedings is just laughable.


Its no use wasting your time on this one, the company will not fulfill your order for this price and they are not obliged to.

Gamesnash.ie: Pat

91011 wrote: »

The first error is "quoting" law, consumer acts etc when you don't have specific knowledge of it. - the retailer will just tell you to eff off in as nice or un-nice a way as they wish.


It would be very obvious to anyone that this is a pricing error as the specific product sells for about €1200 and not €100. - If you could show that similar computers sell for €100, then you could have a very very sight case against them - but there isn't even a netbook available at this price.

Therefore the company will claim quite rightly that it was a simple error and they would not be obiged to complete the contract. - Trying to challenge them with criminal law proceedings is just laughable.


Its no use wasting your time on this one, the company will not fulfill your order for this price and they are not obliged to.

Totally agree with you here - it was clearly a pricing error and the OP was aware of it especially considering the purchase of 2 That said my understanding is that the contract was actually formed by the terms and conditions that the site operates on - edit: and later on in the terms this can be rescinded. Game over as such.

Cabaal

91011 wrote: »

The first error is "quoting" law, consumer acts etc when you don't have specific knowledge of it. - the retailer will just tell you to eff off in as nice or un-nice a way as they wish.

Have to agree here, while your at it you might as well threaten small claims court....they'll scare them.

Therefore the company will claim quite rightly that it was a simple error and they would not be obiged to complete the contract. - Trying to challenge them with criminal law proceedings is just laughable.

Have to agree with this also, even if somehow you took it to small claims for 2,000e or 1,000e its worth their time defending it for very very obvious reasons.

Allyall

Well,..

To be honest, no i didn't think they were the correct prices , but i didn't think there was that massive price difference either,
but are they not contracted by their own t&c's by confirming the order?

Yeah, maybe chanced my arm, but, they kept it going for a week. After i sent the passport etc..

Edit..

The katy pairsons confirmation order, was for something completely different, out of the blue,

But my order confirmations are there also.

There was a lot of laptops priced like that...



P.S..

There was also a Toshiba Satellite Pro C650-18 for €39 and i ordered one of them.. . :):D

Gamesnash.ie: Pat

Allyall wrote: »

Well,..

To be honest, no i didn't think they were the correct prices , but i didn't think there was that massive price difference either,
but are they not contracted by their own t&c's by confirming the order?

Yeah, maybe chanced my arm, but, they kept it going for a week. After i sent the passport etc..

The thing is you can go ahead and try a small claims court case but as already stated it would be well worth their while in trying to defend it and a judge knowing you were chancing your arm is more than likely going to look for any way they can to find against you and paragraph 8.1 would give them an out. If you'd ordered the one item you may have had a chance but the two was a bit greedy to be fair. If it was ourselves at Gamesnash who made a similar mistake I'd feel pretty hard done by as the retailer if it went through.

Allyall

Yeah..

I didn't think 2 was a bit greedy.

I thought 7 would've been..

I could, but won't fight it, i just wanted to know were they contracted, by their own t&c's with the order confirmation, and if there was anything i could do about it..

I guess not.

Thanks for all the replies.