Neanderthal

iTrader: (6)

As the rather long subject title really.

See The Register for a quick break down on what happened.

Just to make it clear, I ordered the Xbox Ultimate Bundle at £249ex VAT and I got the email confirmation stating the price and what was included.

I know 2 other people that ordered and are in the same boat.

Does anyone have any advice on where I go from here?

Matt

Cheeky Jim

My law knowledge is a bit hazy, but as I understand it under the sale of goods act - they have effectively made an offer to you of the Xbox at a certain price. You have then accepted that offer by giving your payment details.

I don't believe that they can then change that and say the price has gone up - **** up on their behalf or not. Especially as you have email proof that your payment details had been accepted.

Therefore, you are entitled to now purchase the Xbox at that price - Get your solicitor onto it. Website's in the UK have to comply with the same law as a shop would if they had made the offer in the shop window.

Just my two pennies..

Jim

Good luck - get it in the National Press and see how quick they resolve it..

AllanB

I work in the industry and as far as I am aware until they have made a shipment they can change the price but you are not bound to accept the price. I would ask for a copy of their terms and conditions if you want to take this further.

However if they have taken money from you then thats a different matter. I take it your credit card has not been debitted yet, just authorisation obtained.

Cancel and buy elsewhere if you don't like it.



AllanB

Sue

Matt
Didnt much the same thing happen at Xmas with Digital Cameras??
Think they were advertised on the net at the wrong price and case loads were ordered..they then realised the mistake and tried to back peddle
Proverbial hit the fan and they allowed the sales to go through on the ones that were ordered at the time of the lower price ....company lost shed loads of money,but backed down in the face of all the potential law suits that were pending.
Im sure this could be used as a precedent..it was a well documented problem

polarbearit

Yep, same thing happened with a the Kodak site and they did honour the price, but I believe it is because some of the transactions were processed and cards debitted prior to sale. I got a nice cheap camera which I turned into a new suite

As for sale of goods, I understand that Dabs would either have to withdraw the product from sale or offer the product at the advertised price... That said a lot of the prices for X Boxes were advertised as 'Estimated' or 'Approximate' in the small print... In which case I suspect they can just change the prices as they so desire

Jon

Neanderthal

iTrader: (6)

Thanks guys.

Still not sure how far I want to take it. The reason we went The Register is thats where they reported on the Kodac incident.

No money has been charged to the creditcard.

I've looked at their "terms of business" and it does state:

"Prices and manufacturers specifications subject to change without notice. Minor specification variations do not entitle the purchaser to rescind the contract. Prices may change because of currency fluctuations"

But surely if the transaction's been approved and confirmed that term can not be enforced?

I haven't got a solicitor and I'm certianly not going to take it that far.

I'm just suprised a company as big as Dabs.com couldn't absorb the difference for the 13 people that did order at that price.

I forgot to mention that in the email we recieved we were told...

"With the launch of Xbox iminent we have been sorting through our customer orders, it appears your order has been processed incorrectly. Although you have ordered the Ultimate Bundle Option, our system has not entered the items into your basket correctly"

once The Register got involved they then went with the story that..

"it was only set at that price for 2 hours and 13 people ordered at that time".

Thus indirectly admitting that their first email was in fact a lie [img]images/smilies/mad.gif[/img]

Matt

Neanderthal

iTrader: (6)

Sent it to Watchdog

Matt

Dream Weaver

Neanderthal

They did an article in last months .net magazine about the Kodak cameras, and AFAIK once they have sent you the order confirmation that is then a binding agreement.

I will try and hunt the article out this afternoon, or try their website - .net mag or email the editor Paul Douglas - he generally answers emails.

DW

Alpine

My understanding is that once you have a confirmation of order you're home dry.. This was why Kodak backed down..

Neanderthal

iTrader: (6)

Just got an email from the chap @ The Register.

He's heard from another person that saw the bundle advertised at that price for at least a couple of days.

He's also heard from another guy who said that Dabs were honouring the price for him! [img]images/smilies/mad.gif[/img]

He's now chasing up Dabs to see if they'll do it for the 12 of us left.

Matt

chiark

I think the Kodak situation was fairly unique. They mailed confirmation, and debited cards. They were in the deep doo-doo.

For DABS, no contract had been agreed and they indeed say that prices may change.

It was fairly obvious it was a ****-up when you ordered. Did you geniunely think that you'd get 100 quid off a brand new games system that cannot be had at a discount for love nor money?

I'm not saying it's wrong to try it, and I wish you luck!

Nick.

Neanderthal

iTrader: (6)

Just to let everyone know....

Dabs have backed down!!!

Not only that, but the entire order has just been shipped and we should recieve it tomorrow!

Thanks for everyones advice

Matt

AllanB

Well done on your efforts !!



AllanB

chiark

Bloody hell! Congrats