Urgent: Anyone know much about sale of goods act? Fun Story inside.

[kev]

Hey guys (egan will find this pretty amusing in particular if he's around lol),

This morning I pulled the trigger on a lakland 55-02 bass. Priced at £1349 most places, I spotted it at www.dawsons.co.uk for £849.99 which was almost too good to be true I guess .

Anyway,I bought it, whilst talking with the guy in an online chat and received the order email through etc.

A few minutes later, he came back to me to tell me that they had fudged the price and it was actually going to be a lot more expensive for them to get. He has gone back to see what he can do. Here is the excerpt FYI so far.

Now, I reckon I am in a position of pretty good bargaining power. Would you guys say that I should press it, and try to get it for the advertised and sale price (technically I have a binding contract right?)


LiveZilla


System 11:01:21

System is getting started. [11 January 2010 11:01:21]


System 11:01:21

A representative will be connected, please be patient.


System 11:01:35

Alex Marshall enters the chatroom.


Alex Marshall 11:01:36

Hello Kev, my name is Alex Marshall, how may I help you?


Kev 11:01:47

Hey Alex


Could I just confirm you have the lakland 55-02 deluxe cherry burst in stock @ 849.99?


http://www.dawsons.co.uk/acatalog/lakland_55-02_deluxe_cherry_sunburst.html


Alex Marshall 11:02:23

Let me just have a look for you


Kev 11:02:28

cheers


Alex Marshall 11:03:39

Unfortunately we are out of stock of this particular bass. As we currently have none on order it looks like we would order it in on an individual basis.


Would you like me to check with our supplier?


Kev 11:04:08

how long would it take to get one?


Alex Marshall 11:04:12

If they have it in stock, it usually takes no more than a week to 10 days


Kev 11:04:37

sure, is it possible to check if I stay online Alex?


Alex Marshall 11:04:52

I'll do it now for you.


Kev 11:04:55

thanks


Alex Marshall 11:04:56

Hold on 2 mins


Kev 11:05:16

not necesseraily worried about colour


Alex Marshall 11:10:25

Just checking now


it doesn't look like they have any in the cherry sunburst available.


but they have mentioned a 3 tone sunburst which is currently in stock.


If this colour is OK, then just place an order for the cherry sunburst and I'll keep an eye out and get it changed to the 3 tone for you.


(as it is not up on our website)


Kev 11:22:34

thanks alex


i'll just check out the colour a sec


Alex Marshall 11:23:11

Just contact me again on this livezilla before you order and I'll make sure I keep my eyes open.


Kev 11:24:10

do you know if its maple neck?


or rosewood?


Alex Marshall 11:24:40

Its a maple neck of the 3 tone sunburst


sorry, maple fingerboard


Kev 11:25:03

yep that shud be fine


Alex Marshall 11:25:15

Excellent


Kev 11:26:57

three tone sunburst seems just as good


i'll pop an order through now


Alex Marshall 11:27:40

Excellent. Thanks Kev. Whats your second name? Just so I can spot your order


Kev 11:28:06

Parsons


Alex Marshall 11:28:22

Thanks


Kev 11:28:34

who do you usually ship via?


Alex Marshall 11:28:50

Either TNT or Interlink


Kev 11:29:15

random question for you also, do you stock Adam monitors ever?


Alex Marshall 11:29:39

Its not something that we have stocked before.


Kev 11:29:45

k


Alex Marshall 11:30:06

I could have a look, but as we are not official suppliers I'm not sure how competitive the prices would be


Kev 11:30:16

no problem, dont worry


I had an order with another company who are failing badly lol


Alex Marshall 11:30:47

I see.


It could be down to the supplier.


sometimes they cause delays which reflects badaly on the company that is trying to sell them.


Kev 11:31:45

Thats the good thing about the Internet, once a company messes up you move onto the next lol, but if they are good you go back again and again.


Alex Marshall 11:32:07

haha


Well, I hope we can provide a service that will make you want to come back.


Kev 11:33:51

Was good of you to do the stock check so quick


Alex Marshall 11:34:07

Anytime


Doesn't give me time to forget


Kev 11:35:56

Do paypal take a fat chunk of your profits?


ooh, i see they are advertised on the site but you dont seem to use them atm


Alex Marshall 11:36:46

They do take a portion, but if that is the way you would like to pay then we do accept it


Kev 11:36:58

Card should be ok


Alex Marshall 11:37:01

Its through at the end with the payment options


Excellent. Just to let you know, because the transaction will be over £500 it would have to be delivered to the billing address of the card.


Kev 11:37:46

np


Alex Marshall 11:37:50

Saves confusion at a later time.


Kev 11:40:58

looks like it's all gone through ok dude


Alex Marshall 11:41:12

Excellent.


I'll get our purchasing department to order one in for you now.


Kev 11:41:53

many thanks : )


Alex Marshall 11:42:05

No Problem Kevin.


Kev 11:42:08

you reckon about 10 days then?


Alex Marshall 11:42:43

10 days should be a maximum. As soon as it comes into stock we'll get it sent to you.


Kev 11:42:49

smashing


thanks mate


cheers!


Alex Marshall 11:43:12

No Problem


Kev 11:44:20

much better pricing than your competitors btw, by a long shot in fact


Alex Marshall 11:44:53

Haha. Thats worrying from our end


Kev 11:45:08

lol


sell em cheap, stack em high


Alex Marshall 11:57:01

I'm really sorry, but they have given me the wrong price at the suppliers for the 55-02 DLX bass and it is quite a bit more. I'm going to speak to headline to see if there is anything else that they can do as it was their mistake. And after all that was said before about online dealers.


So hang fire, I'm expecting a call back on this issue.


Kev 12:01:02

uh oh


Let me know how you get on alex, i'll leave the window open.


Alex Marshall 12:01:34

Thanks Kev, will do

 

[ParsonsMatt]

Shit, your last name is Parsons too?

 

[kev]

Certainly is, bro. We are a popular breed

 

[jeid]

Could always meet them in the middle if they're gonna be a bunch of asses about it.

 

[-Noodles-]

AKAIK, I think that they're not legally obliged to sell it at that price if it was a genuine mistake.


I can google for you, if you're busy?

 

[Cryo114]

If your offer has been accepted (for example, you pay a deposit, or receive a confirmation email), generally you can insist that the retailer sells you the goods for the price they were advertised at.

The trader could try to argue that it made a mistake with the pricing which could make the contract void. But it would have to show that the price was so low that you must have known it was not genuine: for example, a new leather jacket with a price tag of £2 on it.

I an ex consumer direct adviser

Read the terms and conditions on the site too.

 

[PhilR]

Legally, they have to honour the price it was advertised at.

They're STILL advertising it at £849.99! Get a screenshot of it quick! By British Trading Standards rules they don't have a leg to stand on.

 

[jeid]

If your offer has been accepted (for example, you pay a deposit, or receive a confirmation email), generally you can insist that the retailer sells you the goods for the price they were advertised at.

The trader could try to argue that it made a mistake with the pricing which could make the contract void. But it would have to show that the price was so low that you must have known it was not genuine: for example, a new leather jacket with a price tag of £2 on it.

I an ex consumer direct adviser

Read the terms and conditions on the site too.

This seems the most correct, everyone else seems to be making a stab in the dark. I'd screenshot the page just in case

 

[kev]

Legally, they have to honour the price it was advertised at.

They're STILL advertising it at £849.99! Get a screenshot of it quick! By British Trading Standards rules they don't have a leg to stand on.

Yeh lol. I have a screeny, my receipt and a copy of the site. Quick, everyone grab one

 

[kev]

AKAIK, I think that they're not legally obliged to sell it at that price if it was a genuine mistake.


I can google for you, if you're busy?

Just having lunch now, so i'll take a gander on the office of fair trading site in a second I think! The more info the beter tho, thanks dude!

Thanks everyone for the advice so far

 

[kev]

If your offer has been accepted (for example, you pay a deposit, or receive a confirmation email), generally you can insist that the retailer sells you the goods for the price they were advertised at.

The trader could try to argue that it made a mistake with the pricing which could make the contract void. But it would have to show that the price was so low that you must have known it was not genuine: for example, a new leather jacket with a price tag of £2 on it.

I an ex consumer direct adviser

Read the terms and conditions on the site too.

See, I knew I posted in the right place lol.

 

[egan.]

I knew that price was too good to be true! I mean, what's the world coming to when the UK price is the same as the US price? We get cheap stuff and you get Top Gear. That was the agreed upon arrangement in the Treaty of Paris.

 

[Line666]

We get cheap stuff and you get Top Gear.

That's a terrible agreement, I would happily swap you Clarkson for cheap guitfiddles.

 

[JayB]

Should never have mentioned how low the price was ... he probably wouldn't have noticed until it was too late to make you feel guilty about it.

 

[Cryo114]

I knew that price was too good to be true! I mean, what's the world coming to when the UK price is the same as the US price? We get cheap stuff and you get Top Gear. That was the agreed upon arrangement in the Treaty of Paris.

Yeah but you can still download it. I can't fuckin download a Mesa.

 

[egan.]

Yeah but you can still download it. I can't fuckin download a Mesa.

Actually I can watch it on BBC America but I couldn't think of anything else you guys have that I would want.

 

[cobhc]

I think you'll be fine Kev, though I can't even see any Lakland stuff on their site anymore at any price.

 

[Cryo114]

See, I knew I posted in the right place lol.

If i were you, I would push for it because they sold you the bass. That's it. Tell them they can take action against their suppliers. But, if they say fuck you a bunch of times you wont get it unless you go to a small claims court. And that's really not worth it unless ytou fucking know there is not chance you will lose.

If they kick up a fuss call Consumer Direct on 08454 040506

They will log the complaint and if this is a wider ranging problem with the company the OFT will step in. otherwise they will give you more upto date advice (small parts of the laws change all the time and ive been out of there for a year)

Good luck man! and update this thread. After the uber training they put me through I have an interest.

I must stress that you read the T&C though, this claim sinks or swims based on that.

Also take a look at this for some confidence if your gonna call them to give them shit!

http://www.consumerdirect.gov.uk/after_you_buy/buying_at_home/go-wrong/#named1

 

[Glenn Fricker]

A few minutes later, he came back to me to tell me that they had fudged the price and it was actually going to be a lot more expensive for them to get. He has gone back to see what he can do. Here is the excerpt FYI so far.

Now, I reckon I am in a position of pretty good bargaining power. Would you guys say that I should press it, and try to get it for the advertised and sale price (technically I have a binding contract right?)

Push hard. Don't take no for an answer. You purchased it for the advertised price. Any changing of the price afterwards could be considered a "bait and switch" tactic & you could actually sue them for far greater damages than the price change. DO NOT let yourself be fucked over here.

If they give you shit, get a lawyer & go for the jugular. You've got 'em by the balls.

 

[Cryo114]

If they give you shit, get a lawyer & go for the jugular. You've got 'em by the balls here.

Under Uk law, he really doesn't. Getting a lawyer and going to a small claims court will cost around £500. And these cases are based around what the judge considers reasonable with both parties. So a win is by no means set in stone. Aspecially considering Kev let it be known he knew it was a much lower price than elsewhere. So its 50/50 that he would end up with no new bass and £500 (if not more) down.

Also, the court might not even take the case.

Any changing of the price afterwards could be considered a "bait and switch" tactic

That argument generally only works when the price is raised above what would normally be paid for the product or service in question, otherwise it's deemed a reasonable change in price and not against the law if youre able to walk away from it.