Pixmania.ie - price error, can they charge more?

tomcollins97 · 31-01-2010 6:41pm #1

http://www.pixmania.ie/ie/uk/4225312...ay-player.html

See link. Pixmania.ie have a Philips Blu Ray player for €1.05 plus delivey. Obviously a mistake. If i order, can they chage my credit card the 'correct' price without my authorisation?

i71jskz5xu42pb · 31-01-2010 6:43pm

No they can't but they can (and probably will) simply cancel the order and ask you to reorder at the correct price.

tomcollins97 · 31-01-2010 6:46pm

Cheers - worth a try so!!

lord lucan · 31-01-2010 8:53pm

Let us know how you get on chief.:)

JimsAlterEgo · 01-02-2010 1:03pm

they can't fulfil your order and charge you more but they don't have to sell it.

iknorr · 01-02-2010 6:31pm

So anyone else got an update?

Blisterman · 01-02-2010 6:38pm

Got an email saying that my request for refund is being processed.

Not looking good.

Pretty crappy way for them to go about it. The least they could have done was send an email explaining that it was a misprice, they're sorry but they can't honour the order.

Hogzy · 01-02-2010 6:42pm

Yup, Basically they are doing what they do best, Having rubish customer service. HATE Pixmania with a passion

iknorr · 01-02-2010 6:50pm

any bodyr going to ring them to complain or talk to ur local news station about it?

Im working outside ireland at the mo so i cant. i havent received that email yet though.

Hogzy · 01-02-2010 7:00pm

iknorr wrote: »

any bodyr going to ring them to complain or talk to ur local news station about it?

Im working outside ireland at the mo so i cant. i havent received that email yet though.

I seriously hope not. TBH nobody is gonna support you. When you were buying you clearly knew it was a mistake!
Are you seriously hopeful that your gonna get the player at this price...

IrishTonyO · 01-02-2010 7:11pm

Well their own terms and conditions state they will honour the price when you placed the order

4. PricesThe prices indicated on the Site are in Euros and include all taxes but do not include delivery.The possible delivery costs are indicated for the User as products are chosen and are invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any time but will apply the current rates as indicated to you on the site at the time the order was placed.

hawkelady · 01-02-2010 8:21pm

When aer Lingus made a mess of their on line ticketing a while ago, didnt the hulabaloo caused by callers to joe duffy show make them honour their mistake and flying them to the us for the cheap price,albeit not 1st class,
and i bet all those passengers knew the fare was way to low to be true.

Rodg3 · 01-02-2010 8:24pm

Still in limbo on this end. Paid by Lazer, was confirmed and ready to ship but his with the out of stck message. Haven't heard a thing from them since though.

The Oggmonster · 01-02-2010 8:49pm

When I log into Pixmania it says my order has been validated.

This is on their FAQs:

What happens if the price of the product changes between my placing an order and receiving the goods?

Once your order and payment have been validated, we cannot modify the price of the product you have ordered, whether there is a decrease or increase in the price of the product. If, however, your order hasn't been validated, you may cancel it and place a new order in order to obtain the new, lower price.

privateBeavis · 01-02-2010 9:42pm

ok, just been watching "D'ont Get Screwed" on BBC3 all about consumer issues, they set up little scenario's on the unknowning public and look at what are their rights are. One of setups was a shop with a £175 iPod marked as £17.50 and after the guy paid for it they set up the door alarm to go off on this way out so the manager "noticed". So after lots of arguing they gave him a credit note for £17.50 then asked the question what was his rights actually... and the answer is once the store accepts the payment for the item a contract has been entered and the customer then owns the product so can't be taken back!
So I'm not sure how this compares to online shopping but could argue that once pixmania accepted the cash it was tough luck to them, perhaps they're getting around their mistake by now saying the product is "now unavailable" and offering refunds based on that other terms stuff.

ronanc15 · 01-02-2010 9:42pm

The Oggmonster wrote: »

When I log into Pixmania it says my order has been validated.

This is on their FAQs:

IrishTonyO wrote: »

Well their own terms and conditions state they will honour the price when you placed the order

4. PricesThe prices indicated on the Site are in Euros and include all taxes but do not include delivery.The possible delivery costs are indicated for the User as products are chosen and are invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any time but will apply the current rates as indicated to you on the site at the time the order was placed.

Surely with the above taken into account they would be in some way obliged to honour the orders. I saw their ad which was "an invitation to treat", I made the offer of their asking price which they accepted (paypal payment). Pretty basic breakdown but would that not have the basis of a legally binding contract

dudara · 01-02-2010 9:49pm

Things are not so clear cut in the online world as in bricks & mortar shops.

If a physical shop misprices an item, you pay and they accept, then someone actually physically approved the transaction on the shops behalf. It's therefore a little harder to them to state that it was a pricing error.

However, in the online world, a transaction can be made with no human intervention - therefore it's quite possible that an online store can accept payment without realising that they've made an error. This is why some T&Cs from online stores state that the contract isn't complete until they've shipped the goods. This protects them in the case of incorrect pricing.

TBH though, if you see such a blatant error on an online shop, I do think that you're being greedy by expecting it to be honoured.

evolutionqy7 · 01-02-2010 9:59pm

idk i oredered 2 of em

sure ill argue with them for a bit if they try to refund me or ask me for a full price

was worth a shot...its not like every1 who bought it was expecting the item 100%

though some eejits ordering 7 or 10 of them can be expecting a no

some ppl apparently got accepted...lets hope every1 else does 2

cause it wouldn't be fair on others would it now?

corcaigh07 · 01-02-2010 10:37pm

i would have accepted an email saying "we f-ed up, sorry, heres your refund" but the way they are trying to do it by saying that I requested the refund is a disgrace. shabby company and downright liars.

aidannulty · 01-02-2010 11:04pm

is there any way a Moderator can put a link or something from the orignal posting in Bargain Alerts about this issue. I was one of the people who ordered this item, but it took me ages to find this section where the discussion will continue. I am sure everyone else who purchased this item will want to keep up to date with other peoples sales progression.

Piste · 02-02-2010 6:43am

I ordered one last night, but after seeing this article (it's French law, so it's a lot more relevent) I'm very skeptical about receiving my blu ray player.

"Once your order and payment have been validated, we cannot modify the price of the product you have ordered, whether there is a decrease or increase in the price of the product. If, however, your order hasn't been validated, you may cancel it and place a new order in order to obtain the new, lower price."

Unfortunately my order hadn't been validated, but this is a good thing for people whose orders have been validated.

"The prices indicated on the Site are in Euros and include all taxes but do not include delivery.The possible delivery costs are indicated for the User as products are chosen and are invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any time but will apply the current rates as indicated to you on the site at the time the order was placed."

This seems a lot more hopeful. Though how binding are the terms and conditions? If I agreed to them is it implied that the website agreed to them also?

lindtee · 02-02-2010 8:59am

Dear Lindtee,

We wish to inform you that your refund request for order XXXXXXXXXXX is currently being processed.
You will receive a confirmation by email shortly.

Best Regards,

James Felix
Customer Service Director

Ok, it was a 1,000,000 to 1 chance that the order was going to be honoured but why can't they just tell the truth:rolleyes::mad:

iknorr · 02-02-2010 9:04am

when they receive the money, the contract is made. With paypal they receive the money instantly. With Credit card, they dont take the money until the item is being dispatched- or when they say at what stage they take it.

So if you paid with paypal you have a case against them. Now if all of us here express this to them over the phone and then write a letter. ( we can make a general template up) im sure we can get somewhere with it. We can easily get this into the small claims court. it will cost Pixmania alot more to go this route rather than just give us the item at the specified price.

has anyone contacted the consumer affairs groups yet?

Remember, they probably receive this at half the price they advertise it. They can also write this off against tax. So overall they wont be loosing much money . now compare that to the time spent by a lawyer to defend a case?

iknorr · 02-02-2010 9:06am

lindtee wrote: »

Ok, it was a 1,000,000 to 1 chance that the order was going to be honoured but why can't they just tell the truth:rolleyes::mad:

tell them u dont want a refund and put up a fight. They are not admitting it as they know they are caught.

parsi · 02-02-2010 9:15am

I think that people are getting a bit worked up and over-the-top about this.

I strongly doubt that anyone ordered this in the belief that it was the actual price.

We all ordered it for the laugh on the off-chance that somehow we'd pull it off and be proud possessors of a bluray player for a euro.

It's not going to happen. Pixmania made an error and aren't going to be pressurised into anything.

Talk about Joe Duffy is laughable - "pff , we pizzz on your Joe Duffy, zut alors ..." , talk about Small Claims Court is senseless and just clogs up the whole thing for people who have a genuine grievance.

It was fun while it lasted but accept it as what it was - a punt on a blueray where if you didn't win you got your money back.

iknorr · 02-02-2010 9:28am

parsi wrote: »

I think that people are getting a bit worked up and over-the-top about this.

I strongly doubt that anyone ordered this in the belief that it was the actual price.

We all ordered it for the laugh on the off-chance that somehow we'd pull it off and be proud possessors of a bluray player for a euro.

It's not going to happen. Pixmania made an error and aren't going to be pressurised into anything.

Talk about Joe Duffy is laughable - "pff , we pizzz on your Joe Duffy, zut alors ..." , talk about Small Claims Court is senseless and just clogs up the whole thing for people who have a genuine grievance.

It was fun while it lasted but accept it as what it was - a punt on a blueray where if you didn't win you got your money back.

I "currently" disagree, if you paid by paypal you do have a case.

At this stage I do need some verification so I have contacted "consumer complaints" in Ireland. Ill wait to see what they say.

heres the link to the submit a complaint via website. It simple and shouldn't take 5 mins to do.

http://www.consumerconnect.ie/eng/Working_With_You/Submit_a_Consumer_Complaint/

02-02-2010 9:53am

Blisterman wrote: »

Got an email saying that my request for refund is being processed.

Not looking good.

Pretty crappy way for them to go about it. The least they could have done was send an email explaining that it was a misprice, they're sorry but they can't honour the order.

If they wanted to be really pernickity about it, they could accuse you of attempted fraud

as you knew it was a wrong price (as per your OP) and you tried to take advantage of it.

It won't happen, probably never has, but it would be possible for the tables to be turned.

Hogzy · 02-02-2010 10:05am

91011 wrote: »

If they wanted to be really pernickity about it, they could accuse you of attempted fraud as you knew it was a wrong price (as per your OP) and you tried to take advantage of it.

It won't happen, probably never has, but it would be possible for the tables to be turned.

Its not fraud at all. There was an advert saying that it was a euro on their site so we went and bought it. How is that fraud? :rolleyes:

In no way whatsoever is the consumer at fault here!!!

iknorr · 02-02-2010 10:08am

Hogzy wrote: »

Its not fraud at all. There was an advert saying that it was a euro on their site so we went and bought it. How is that fraud? :rolleyes:

I agree, its not fraud.

if they say they have made a mistake they are admitting liability.

Try1ng · 02-02-2010 10:14am

Has anybody else not received a sorry email from pixmania? My order has passed validation but i'm expecting the email any time now.

Hogzy · 02-02-2010 10:22am

I just got my refund email. Sent pixmania an email pointing out how they are legally obliged to fulfill this order. Im defo gonna get on to consumer complaints about this. According to their terms and conditions they cannot cancel the orders and have to fulfill them!

arch_stanton · 02-02-2010 10:24am

I paid by PayPal at around 22.00 on Sunday night and the order still hasn't been validated. Apart from the original automatic confirmation at the time of the order I haven't received any other communication

j4vier · 02-02-2010 10:48am

still no communication here either
i paid on sunday at 7 pm

Nonoperational · 02-02-2010 10:51am

Are people ****ing serious? It was a clear mistake and there is no way you are going to get it for €1.05. Let it go because some people on this thread are coming across like complete tossers. Joe Duffy / consumer rights.... unbelievable. How sad can you be?

iknorr · 02-02-2010 10:56am

I just received the refund email also. I responded with :

Hi, I refer to the email i received today, 02 Feb 2010, stating a that "Following your request, your order ********** has now been cancelled" . I never asked for a refund. I do not want a refund. I wish for the original order to be processed.
I wish to inform you that i have already paid for the items via paypal. Your issuing of a refund is now proof that you have received payment for the item.
Under no section of Pixmania terms and conditions is the action your are taking permitted.
When Pixmania received my money, Pixmania and myself entered a contract.
I have contacted Consumer Affairs about this and I am preparing to take further action if you do not respond to this within 48 hours.

__________________________________________________

j4vier · 02-02-2010 11:01am

so some orders have been validated and others have been refunded?

doesn't make sense if you ask me

Rycn · 02-02-2010 11:03am

iknorr wrote: »

any bodyr going to ring them to complain or talk to ur local news station about it?

Im working outside ireland at the mo so i cant. i havent received that email yet though.

unreal

iknorr · 02-02-2010 11:06am

Rycn wrote: »

unreal

Y?

aidannulty · 02-02-2010 11:11am

i paid with paypal and on pixmania it is still at payment stage.

I did not recieve an email about getting a refund from them. but i have sent them an email anyway telling them i do not want a refund and that i am prepared to wait for the item if its currently out of stock.

M5 · 02-02-2010 11:14am

Just got a mail

Dear XXX,

We wish to inform you that your refund request for order CCLXXXXXXX is currently being processed.

You will receive a confirmation by email shortly.

Best Regards,

I rang them straight away and asked why. I was told that the item had been discontinued. I pointed out that the item is in stock at a different price. They said they will contact head office and get back to me. I also pointed out that the their terms and conditions

Please note that we will honour your order while stock is available.

In the event where one of the products ordered is not in stock, we will contact you in less than 15 days as of your order date to inform you how long it will be before we are able to deliver the product.

If there are certain products that are temporarily unavailable, we will send the available products and will pay the shipping fees for the rest of the order.We will offer you a replacement for an unavailable product, a product of equal price and quality.
If you choose to refuse, we will reimburse the unavailable product.

Find it insulting that they would try that tact to be honest. Discontinued my h0le. I guess they are chancing their arm....

I paid by paypal by the way

M5 · 02-02-2010 11:17am

j4vier wrote: »

so some orders have been validated and others have been refunded?

doesn't make sense if you ask me

Mine was validated now being refunded....

DoubleJoe7 · 02-02-2010 11:19am

aidannulty wrote: »

i paid with paypal and on pixmania it is still at payment stage.

I did not recieve an email about getting a refund from them. but i have sent them an email anyway telling them i do not want a refund and that i am prepared to wait for the item if its currently out of stock.

I'm in the same boat (though haven't emailed mind). Paid by PayPal Sunday night, still no word either way. Find it very strange that some orders have been honoured and others haven't.

I'll wait and see but not too hopefull.

DemoniK · 02-02-2010 11:23am

just received the refund email...
Sent a response
"Hi,
I received an email stating "
Following your request, your order CCLxxxxxxx has now been cancelled."

In fact, I did not request that the order be cancelled and instead urge you to please reinstate the order and please deliver the goods as ordered on Sunday, 31-Jan-2010

Regards,"

iknorr · 02-02-2010 11:25am

M5 wrote: »

Just got a mail

I rang them straight away and asked why. I was told that the item had been discontinued. I pointed out that the item is in stock at a different price. They said they will contact head office and get back to me. I also pointed out that the their terms and conditions

Find it insulting that they would try that tact to be honest. Discontinued my h0le. I guess they are chancing their arm....

I paid by paypal by the way

Good stuff M5... what was the number you used to contact them with?

they are chancing their arm , as i said earlier, they only do the refund and say nothing else because this is admitting liability. but now the fact that they have issued a refund clearly indicates that they have received the money.

M5 · 02-02-2010 11:29am

You can place your order with PIXmania.com over the phone by calling 01 659 0282 (Calls charged at national rate) Monday to Friday 9am - 5pm

Might be an idea to flood them with calls for the next few days :-)

DemoniK · 02-02-2010 11:41am

just phoned them...

And in fairness to the guy I got he owned up - was cancelled due to technical error, apologised for inconvenience and we will all get an email shortly explaining the reasons for the refund, etc..
Tired the "but I thought it was just a deal" but definitely an error, but he wasn't having it. And in all honesty, in coming clean it really undermines my ability to argue that it wasn't a mistake - if he had stated same story as others I would have pushed...

TBH this is how I thought it would end, but their T&Cs say equal price AND quality. Getting the player meets the second part, but not the first.

Thats as far as I'm willing to push it.
Best of luck to others who continue to fight

AlwaysAmber · 02-02-2010 11:46am

iknorr wrote: »

I "currently" disagree, if you paid by paypal you do have a case.

At this stage I do need some verification so I have contacted "consumer complaints" in Ireland. Ill wait to see what they say.

heres the link to the submit a complaint via website. It simple and shouldn't take 5 mins to do.

http://www.consumerconnect.ie/eng/Working_With_You/Submit_a_Consumer_Complaint/

As someone who's involved in a number of online businesses, I can tell you that you don't have a case.

iknorr wrote: »

I just received the refund email also. I responded with :

Hi, I refer to the email i received today, 02 Feb 2010, stating a that "Following your request, your order ********** has now been cancelled" . I never asked for a refund. I do not want a refund. I wish for the original order to be processed.
I wish to inform you that i have already paid for the items via paypal. Your issuing of a refund is now proof that you have received payment for the item.
Under no section of Pixmania terms and conditions is the action your are taking permitted.
When Pixmania received my money, Pixmania and myself entered a contract.
I have contacted Consumer Affairs about this and I am preparing to take further action if you do not respond to this within 48 hours.

__________________________________________________

Technically PayPal are holding the funds for them but they haven't entered into a contract with you as they haven't accepted your order.

I'll give an example. You see the same pricing error in a retail store and pick up the item and walk to the cash desk. There's nobody at the cash desk, so you leave the money on top of the cash register with a note and walk out. Now you can say that you've given them the money for the item, but have they accepted your offer? No.

Stuxnet · 02-02-2010 11:47am

gpf101 wrote: »

Are people ****ing serious? It was a clear mistake and there is no way you are going to get it for €1.05. Let it go because some people on this thread are coming across like complete tossers. Joe Duffy / consumer rights.... unbelievable. How sad can you be?

but sure aerlingus made the same mistake not so long ago, & they were forced to uphold the deal made, ppl are entitled fight it if they want, be it morally right or not, we all know it was a mistake, but you make a deal, you make a deal

Hogzy · 02-02-2010 11:55am

There is no room in this world for people who make mistakes

Pixmania should learn from their mistakes and if they have to send me a blu ray player to learn then so be it

omega666 · 02-02-2010 12:02pm

iknorr wrote: »

they are chancing their arm ,.

oh the irony in the statement
they're not the only ones chancing thier arm!!

M5 · 02-02-2010 12:06pm

omega666 wrote: »

oh the irony in the statement
they're not the only ones chancing thier arm!!

and the award for stating the obvious goes to....

seriously whats the point in registering to post that? I ordered an item on a website at a price, would not call that chancing my arm

PS you may want to look up irony in the dictionary

EDIT: and i may stop contradicting myslef

Pixmania.ie - price error, can they charge more?

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