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Max Paper

Sunshiinnnnneeee
Nov 3, 2009
5,784
Testicles
I am not expecting it to be delivered in the slightest, I am fully aware of the get out clause and it not being a contract etc etc BUT I'm clinging to the fact i paid for next day delivery that it might slip through before they fire out the cancellation emails
 
































clippedgull

Hotdogs, extra onions
Aug 11, 2003
20,789
Near Ducks, Geese, and Seagulls

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logan89

Active member
Jan 4, 2007
1,429
Brington
The thing is, if someone spots this and says nothing they have a chance of it being fulfilled as Gamestation might not notice the incorect price as the stock won't go down at an unusual level, the problem is they never keep it to themselves and usually post it on forums such as HotUKDeals etc.
 




skipper734

Registered ruffian
Aug 9, 2008
9,189
Curdridge
Just out of interest, something that I'm not going to get anyway. If the latest Xbox (Jnr. has had 2) has 250GB, what's so special about a 4GB one maybe they are now only £22. :hilton:
 


BigGully

Well-known member
Sep 8, 2006
7,139
I wonder how this might be interpreted by the Sales of Goods Act.

If payment has been made ( debited from your account ) then my understanding is that both parties ( you and the retailer ) have entered a 'contract of sale' agreement that is widely covered by SOGA.

No 'terms and conditions' can supersede the law, so I would do a wee bit of research before accepting their refund.

Of course if payment has not been made then the retailer has absolutely obligation to sell you anything.

Just a thought like ......
 


I wonder how this might be interpreted by the Sales of Goods Act.

If payment has been made ( debited from your account ) then my understanding is that both parties ( you and the retailer ) have entered a 'contract of sale' agreement that is widely covered by SOGA.

No 'terms and conditions' can supersede the law, so I would do a wee bit of research before accepting their refund.

Of course if payment has not been made then the retailer has absolutely obligation to sell you anything.

Just a thought like ......

It was clear that the 'confirmation' email was very carefully worded, they must have had this problem before.

It starts
Thank you for shopping at Gamestation.co.uk. This email acknowledges that your order has been placed and will be processed soon.

and then says at the bottom
Your payment card will be charged prior to the despatch of your order and any Elite Reward Points will be allocated to your card.

Please note, this order acknowledgement does not constitute confirmation of a contract. At this stage you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Acceptance and confirmation will be completed at the time of despatch.

As you indicate, there is no contract until payment has been taken - which in this case it hasn't been. As such I'm sure all orders will be cancelled before dispatch.
 


beorhthelm

A. Virgo, Football Genius
Jul 21, 2003
35,822
Of course if payment has not been made then the retailer has absolutely obligation to sell you anything.

exactly, so the sale of goods act doesnt take effect. thats why they put on the terms and conditions that theres no contract until payment is taken. its been well covered, they stopped honoring such mistakes years ago.
 




Wozza

Shite Supporter
Jul 6, 2003
24,241
Minteh Wonderland
I wonder how this might be interpreted by the Sales of Goods Act.

If payment has been made ( debited from your account ) then my understanding is that both parties ( you and the retailer ) have entered a 'contract of sale' agreement that is widely covered by SOGA.

No 'terms and conditions' can supersede the law, so I would do a wee bit of research before accepting their refund.

Of course if payment has not been made then the retailer has absolutely obligation to sell you anything.

Just a thought like ......

Sadly, this isn't true. Online retailers can have their own T&Cs which form a contract.

Tesco, for example, can cancel an order at any time until dispatch - even AFTER they've taken the money.

No-one has successfully challenged this, afaik.
 


BigGully

Well-known member
Sep 8, 2006
7,139
exactly, so the sale of goods act doesnt take effect. thats why they put on the terms and conditions that theres no contract until payment is taken. its been well covered, they stopped honoring such mistakes years ago.

I think I had made it clear that I was commenting on those that might of made a payment.

It might be that some payments were accepted before the retailer became aware of their mistake.

In such instances I would be wary of retailers, offering their 'terms & conditions' as reasons why they would not honour that sale.

But again as previously my comment was based on payment being made.
 


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