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Viking Direct Samsug TV

  • #2
    Registered Users Posts: 133 ✭✭ kflynn


    Looks like Viking messed up and priced the TV at €6.49 instead of €649.

    You can get all the way to check out and get a confirmation email. Am I right in the following?

    An Invitation to Treat occurs when they display a good for a price - I.E They are inviting you to make an offer on their offer.

    A contract of sale occurs when they accept your offer on their offer. Which is implied by taking cc details and sending you confirmation....

    That's obviously very text book......not sure how their T&C works with that though?

    Wouldn't really fight them on it.....but it will be interesting to see what happens1


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Comments

  • #2


    You won't be getting a tv either.


  • #2


    kflynn wrote: »
    Looks like Viking messed up and priced the TV at €6.49 instead of €649.

    You can get all the way to check out and get a confirmation email. Am I right in the following?

    An Invitation to Treat occurs when they display a good for a price - I.E They are inviting you to make an offer on their offer.

    A contract of sale occurs when they accept your offer on their offer. Which is implied by taking cc details and sending you confirmation....

    That's obviously very text book......not sure how their T&C works with that though?

    Wouldn't really fight them on it.....but it will be interesting to see what happens1
    Does your text book say anything about unilateral mistake?


  • #2


    If you read their Ts and Cs, it more than likely says that the contract is in place upon receipt of goods.

    You won't get the TV.


  • #2


    Esoteric_ wrote: »
    If you read their Ts and Cs, it more than likely says that the contract is in place upon receipt of goods.

    You won't get the TV.

    Looks like they have taken the site down


  • #2


    Sellers must rectify incorrect price information


    The consumer has the right to expect that a product is sold at the price indicated in advertising. If an incorrect price is mistakenly displayed in an advertisement, the advertiser must take action to clearly rectify this. For example, an incorrect price printed in a newspaper ad must be rectified in the shop.

    Consumers are generally not entitled to demand that the product be sold at the incorrectly indicated price, but the advertiser is responsible for informing the consumer of the correct price. Careless advertisers are responsible for costs needlessly incurred by the consumer, such as travel expenses.

    Prices indicated on shop shelves are usually binding. If the price indicated on the product or the shelves is lower than the price at the check-out, the consumer is entitled to purchase the product at the lower price.

    Incorrect prices in online shops

    The binding nature of indicated prices also applies in online shopping. When the consumer has accepted an online offer, a binding offer is considered accepted, for example, when the consumer has placed an order for a product by submitting an online order form.

    Incorrect information is not binding on the seller if the mistake is obvious to the extent that the consumer should have understood that the price shown was incorrect. This is the case, for instance, when the difference between the price shown and the actual price is substantial or when the incorrect price can be considered exceptionally low with regards to the general price level for such products.


  • #2


    If a price is offered and you have paid an received a receipt of order confirmed and paid. They have then accepted and agreed to the terms of sale. They must honor agreement if I'm not mistaking this has happened to an Irish airline offer flights to New York for 5 euro an they had to honor this.


  • #2


    If a price is offered and you have paid an received a receipt of order confirmed and paid. They have then accepted and agreed to the terms of sale. They must honor agreement if I'm not mistaking this has happened to an Irish airline offer flights to New York for 5 euro an they had to honor this.

    They didn't have to honour it, they chose to.

    It all depends on the terms and conditions of the site. If they say that the contract is formed upon payment, then they have to honour it AFAIK. If they say (as 99% do) that the contract is formed upon receipt of goods, then they are within their rights to cancel the purchase and refund the money


  • #2


    As far as I am aware, there is NO completion of contract until goods are received. It's the same as a high street shop. Payment, regardless of any T&C's most definitely does not finalise the contract.


  • #2


    In regards their T&C's...

    "Acceptance of your order
    Your order is accepted, and the contract is made, when we send you an e-mail acknowledging or otherwise confirming receipt of your order, or if we do not send such an e-mail, when we despatch the goods or the first instalment of the goods to you."

    So does this not mean if you have received an email stating;

    "We're happy to confirm the receipt of your order which was placed online on 03/03/13 at 23:11 by user PAULOGRAHAM1"

    So they have already accepted the order, and so we should receive our TV's...No?


  • #2


    OP you can't even spell Samsung correctly, you don't deserve anything


  • #2


    5. HOW THE CONTRACT IS MADE

    5.1 Your order

    Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.
    5.2 Acceptance of your order

    Your order is accepted, and the contract is made, when we send you an e-mail acknowledging or otherwise confirming receipt of your order, or if we do not send such an e-mail, when we despatch the goods or the first instalment of the goods to you.
    5.3 Declining your order

    If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons. We will not normally accept any order until we have received pre-payment in full of the price, delivery charges, VAT and other amounts payable in respect of the order, unless you have a credit account with us and have not yet reached any credit limit. Other reasons may include that the price, offer, or product has changed or because any of the goods you have ordered are not available.


  • #2


    "price, offer, or product has changed" - That's the bit that gets us. *sadface*


  • #2


    There was a similar case with another online seller in 2010. The buyers received an email from the seller after they received an order confirmation email:

    "....We regret to inform you that we have had to cancel your order number xxxxxxxxxxx.
    For credit card payments no funds will be captured. If you paid by Paypal, a full refund is currently being processed.
    As you will have noticed the price of the product sold was a typing error: the price was below the real value of the item and in no way reflective of the real value.
    Legally, the order is not valid as the price is deemed vile.
    We apologise for any inconvenience this may have caused. Please note the error has been corrected and you can now place a new order for the same item. This will be dealt with immediately."


    Still worth a try, best of luck


  • #2


    'or because any of the goods you have ordered are not available. ' and also this statement!


  • #2


    The small print in the order acknowledgement may save them:

    Order was paid by Account Payment.
    Please note that all orders placed online are subject to final authorisation once product and charge details have been confirmed. Delivery addresses may be subject to ............

    Here's watching for that delivery van. :-)


  • #2


    Hold on, I missed this part; (See b)

    VIKING RIGHT TO CANCEL OR VARY

    If:-

    (a)
    we are not able to supply any of the goods for genuine reasons beyond our control, for instance, because we did not have the goods in stock, or sufficient goods in stock to meet all our orders, and we are not able to obtain the goods from our suppliers at all or in time to meet the delivery timescales; or

    (b)
    our web site and/or ordering web pages contained any error, including in relation to the description or price of any of the goods; or

    (c)
    if any of the goods are not in stock or insufficient goods are in stock to meet all our orders and cost of acquiring the goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted,


    we shall be entitled to cancel the contract as a whole or in respect of those goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the goods, the price and delivery charges, and delivery timescales, and we will state how long that offer will remain open. These will be your only remedies and claims against us in such circumstances.


  • #2


    5.2 Acceptance of your order

    Your order is accepted, and the contract is made, when we send you an e-mail acknowledging or otherwise confirming receipt of your order, or if we do not send such an e-mail, when we despatch the goods or the first instalment of the goods to you.

    I got the e-mail, so the contract is made.


  • #2


    Ah I see you can't read, let me break it down for you...See this bit "we shall be entitled to cancel the contract as a whole or in respect of those goods"?

    Now let me repeat that and highlight the important bits "we shall be entitled to cancel the contract as a whole or in respect of those goods"

    :)


  • #2


    Frist the iPhone on the Vodafone website now this. Lads, none of you are getting a TV, it was a mistake, and you can't acquiesce when you knowingly, or ought to know, that it was a mistake.

    Any contract will be void for unilateral mistake.


  • #2


    Sure their was nothing to lose by ordering it. and I no a few ppl who actually got the iphone for 50euro, so theirs a small chance, not much of a chance but still, u never no!!


  • #2


    olliek123 wrote: »
    5.2 Acceptance of your order

    Your order is accepted, and the contract is made, when we send you an e-mail acknowledging or otherwise confirming receipt of your order, or if we do not send such an e-mail, when we despatch the goods or the first instalment of the goods to you.

    I got the e-mail, so the contract is made.


    There is more chance in Louis Walsh getting married to a tall blonde chick then you have of getting that TV!


  • #2


    olliek123 wrote: »
    Sure their was nothing to lose by ordering it. and I no a few ppl who actually got the iphone for 50euro, so theirs a small chance, not much of a chance but still, u never no!!

    Look I hope you do get it, and yeah it is worth a shot. But, you don't have any legal entitlement to it, and the chances of getting it are very slim.
    lmao wrote: »
    There is more chance in Louis Walsh getting married to a tall blonde chick then you have of getting that TV!

    Haha.


  • #2


    chops018 wrote: »
    Look I hope you do get it, and yeah it is worth a shot. But, you don't have any legal entitlement to it, and the chances of getting it are very slim.


    i completely understand theirs no legal obligation to get the tv, but u'll never get anything if you dont try.. at least i have more of a chance than the ppl who didnt order, no matter how small of a chance it is.


  • #2


    olliek123 wrote: »
    Sure their was nothing to lose by ordering it. and I no a few ppl who actually got the iphone for 50euro, so theirs a small chance, not much of a chance but still, u never no!!

    Really?

    http://www.boards.ie/vbulletin/showthread.php?t=2056873572&page=9


  • #2


    lmao wrote: »
    Really?

    ya really..


  • #2


    olliek123 wrote: »
    ya really..

    would they be the same people like yourself who only signed up to boards in the last few hours? :pac:


  • #2
  • #2


    I'm still confused? Will they on our it or not we will have to wait and see! I can't imagine many of them having been ordered? I mean would they have had that many in stock? Also I work in travel and we had a holiday on our web once and it was priced at €99 per person instead of €999 we had to on our it once it was available and persons credit card was accepted! I think they will honour it! Great publicity it will be all over the radio today! Lol! Anyway here's hoping that van pulls up! Would be nice for something good to happen.


  • #2



    Prices indicated on shop shelves are usually binding. If the price indicated on the product or the shelves is lower than the price at the check-out, the consumer is entitled to purchase the product at the lower price.

    No. Just no.
    You need to check consumer law.

    And to everybody else,
    You will not be getting the Tv.


  • #2


    GarIT wrote: »
    In many countries it is either illegal to buy and/or sell sex. I don't know the exact laws in Ireland but I think we are moving towards the criminalisation of purchasing sex.

    In your opinion should/why should prostitution be illegal for either party? For the discussion you should assume the prostitute is a consenting adult.

    I think that there should be nothing preventing a person from buying or selling sex if that is what they want to do. There are cases where other crimes are being committed for example trafficking, but these crimes already have laws in place to deal with them. I can't see any problem with the act of prostitution itself, therefore I think it is illogical to stop prostitution as a method of preventing other crimes.

    v


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