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03-03-2013, 21:47   #1
kflynn
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Viking Direct Samsug TV

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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03-03-2013, 21:48   #2
Frynge
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You won't be getting a tv either.
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03-03-2013, 21:49   #3
Jo King
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Quote:
Originally Posted by kflynn View Post
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?
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03-03-2013, 21:53   #4
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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.
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03-03-2013, 23:05   #5
The Omen 666
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Originally Posted by Esoteric_ View Post
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
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03-03-2013, 23:18   #6
Dubh Glaise
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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.
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03-03-2013, 23:39   #7
spudstyle0978
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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.
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03-03-2013, 23:40   #8
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Originally Posted by spudstyle0978 View Post
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
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03-03-2013, 23:49   #9
Dubh Glaise
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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.
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03-03-2013, 23:53   #10
PauloGraham
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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?
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03-03-2013, 23:55   #11
MonkstownHoop
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OP you can't even spell Samsung correctly, you don't deserve anything
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03-03-2013, 23:55   #12
babagiraffe
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Straight from their website

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.
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04-03-2013, 00:02   #13
PauloGraham
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"price, offer, or product has changed" - That's the bit that gets us. *sadface*
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04-03-2013, 00:02   #14
Dubh Glaise
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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
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04-03-2013, 00:06   #15
Dubh Glaise
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'or because any of the goods you have ordered are not available. ' and also this statement!
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