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

My GOD that's a lot of money (even the 850 quid) to drop on a bass Kev, especially since as (I assume) you're primarily a guitarist this will pretty much be for recording and dicking-around purposes only!
 
I've been working in a major retail store in AUS for about 3 years now and I will tell you that they must honour the advertised price atleast here anyway. fuck I had to sell a 800 treadmill for 250 cause some fuckwit didnt change the price the night before.

I've been an arsehole when shopping myself but I have had some nice company's to deal with that have actually given me $100-$180 off marked price after they realised they fucked up. just stand your ground and keep pushing for your product.
 
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.


Wow. You guys really need some better consumer protection laws!

Sorry for the earlier assumptions. I figured, "Similar judicial system, similar law."

In Canada, the seller has to sell for the advertised price. No exceptions. Any funny business afterwards, it's "game on" for lawsuits.
 
From their T&C:

When you place an order to purchase a product from dawsons.co.uk, we will send you an e-mail confirming receipt of your order and containing the details of your order. When confirmation of your order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received. [...] This is for our security as well as yours. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice.
 
Personally, I'd try to work out a "split the difference" deal, both because they're more likely to agree and also because quite honestly I'd feel bad fucking over a store for that kinda money simply because of an honest data entry/inventory mistake! :loco:
 
When confirmation of your order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.

This seems a bit silly. First they state that a contract doesn't exist, and then proceed to refer to it as a contract in the next sentence.

If you've received an invoice and then subsequently deposited the money to them, and have the receipt of that deposit, then that is a contract, no matter what they wish it to be. You paid their advertised price on a product. As soon as the money exchanged hands, they became obligated to fullfill their part of the transaction. If there was a data/inventory/miscommunication mistake, then that mistake was on their end, not yours, and should have been rectified before the transaction ever took place.
 
Nahh, you don't stand a chance unfortunately. The same thing happened to me. I ordered an ESP Horizon NTII from imusician and it was advertised for 899 or something silly like that. The day after the called me saying that they actually don't have it in stock and if they order it, it will be more. Lots more (1400-ish).
And technically, there is no contract between you and them, yet.
I have already paid for that ESP and they told me to fuck off when I tried to negotiate the price.
Hope you will manage to get a good price though:headbang:
 
This seems a bit silly. First they state that a contract doesn't exist, and then proceed to refer to it as a contract in the next sentence.

If you've received an invoice and then subsequently deposited the money to them, and have the receipt of that deposit, then that is a contract, no matter what they wish it to be. You paid their advertised price on a product. As soon as the money exchanged hands, they became obligated to fullfill their part of the transaction. If there was a data/inventory/miscommunication mistake, then that mistake was on their end, not yours, and should have been rectified before the transaction ever took place.

Yep, its quite hilarious actually Ermz.

@ Cryo114 - Thanks for your knowledge all the way through dude, good to have someone here who has worked in it. It was a bummer I mentioned the price- I dont know why I did really, I think I considered the sale "done" given I had paid.

@ Glenn - Yep we get shanked here, it's marvalous (even though we do have top gear!). They'll know I have them by the balls to a certain extent though.

@ Trivkidd - That happens here too. My mate at halfords (a car/bike store in the UK) had to do something extremely similar to you. The sale of goods act might be slightly different in an actual shop, i'm not sure at all though.

@ Slash - Cheers for the T & C upload mate!

@ Marcus/Hunfire - Yep, it will be quite an expensive investment if more has to be paid. But still, it's a great instrument that should see me through most recordings. I knew if I bought the cheaper one i'd be looking back knowing the pickups could have been better (and the overall electronics set) really. The original plan was to buy Egans, but he is in two minds about selling (I would be too!) and then this one came up at the amazing price.

Im on a spree of getting as much needed gear as possible at the moment before I move out and face a mortgage. Then my life will be turned upside down by bills and it will take me months to save for anything worthy :ill:.

I'll let you guys know what happens today. If they keep my cash without saying anything for more than a day or two, i'll start making some interest demands :lol: I'd happily meet them half way to tell the truth, which would be the happy medium for each party- they retain my custom and save face/I get a great bass at a decent discount still. I don't particularly want to bone a music shop over (or have the sales guy face capital punishment :lol:) but it is also dog eat dog out there, for lack of a better phrase. If they want to hike the price to something ridiculous, I can get a refund at any stage and see to it that me or my friends never order there again.

Damn I love the Internet.
 
Wow. You guys really need some better consumer protection laws!

Sorry for the earlier assumptions. I figured, "Similar judicial system, similar law."

In Canada, the seller has to sell for the advertised price. No exceptions. Any funny business afterwards, it's "game on" for lawsuits.

No worries. A lot of people even here in UK think they have the right to buy a product at the price advertised, but before purchase if the price changes at say the checkout, the trader doesn't have to sell the item at the advertised price because a contract isn't in place. This called an invitation to treat. Generally, this is ok if its a mistake, but if there is evidence of prices being advertised and not sold at that price a lot then the law is more likely to have been broken. This way consumers are protected from asshole traders and traders are protected from consumers who might swap labels and take advantage of honest and obvious errors in pricing.

In Kevs case it's a bit different because his offer was accepted but the term in the T&C is doubtful to be considered an unfair term under the Unfair Terms in Consumer Contract Regulations (UTCCRs).

Though there could be something to be said about their definition of when a contract is created...
 
If they keep my cash without saying anything for more than a day or two, i'll start making some interest demands :lol:

Wait they took funds out of your account? That's a contract right there or at least an acknowledgement of one on their part..
 
Give CD a call man, my memory is a little rusty :|

Have there Dawsons address ready, how much you paid and a pen and paper to write down the case number your given.
 
Back when I was at Sound Control we had a few of these fuck ups, not web based but in store, we'd always do our best on the price in the situation but you if you go too low then you go bust. We stood by the fact that we didn't HAVE to honour the price, just remove the item from sale for a given period of time (14 days for us) and considering the profit margin on selling it at the advertised price on that bass would be a bout 5% they probably won't honour it either. Have a go, by all means - I'll argue things like this until I'm either asked to leave a store or the regional manger/sales director gets involved!! If you do get a 5502 Dlx for 899 then it's a steal.

*Before anyone says it, I know SC went bust - but our store was one of the highest grossing and only one that consistently made a profit right until the end*
 
Back when I was at Sound Control we had a few of these fuck ups, not web based but in store, we'd always do our best on the price in the situation but you if you go too low then you go bust. We stood by the fact that we didn't HAVE to honour the price, just remove the item from sale for a given period of time (14 days for us) and considering the profit margin on selling it at the advertised price on that bass would be a bout 5% they probably won't honour it either. Have a go, by all means - I'll argue things like this until I'm either asked to leave a store or the regional manger/sales director gets involved!! If you do get a 5502 Dlx for 899 then it's a steal.

*Before anyone says it, I know SC went bust - but our store was one of the highest grossing and only one that consistently made a profit right until the end*

Interesting read, thanks man. 5% is much tighter than I thought... but I guess that is pure profit.

How was sound control bristol before it all went tits up? As you know, that store is "Reverb" now, which seems ok and the same guys seem to work there.
 
Sale of Goods act says that if an item is recognised as mis-priced at the checkout, EITHER: The company has to honour the advertised price, and then offer it at the same price to everyone else, OR they tell you it was a mistake, cancel the sale and remove all of that item from the shop floor until the price has been corrected (so presumably for a web store that just means changing the list price - internet terms aren't explicitly stated).

Your best bet is to be a Really Nice Guy, and persuade them that a sale is a sale regardless - and it was largely thanks to you that they realised the mistake, before they get raped by dribbling bass players ordering the same bass. If they tell you you'll have to pay full price, it's worth seeing if they'll meet you half way.

Steve
 
So Kev, did you receive an invoice respectively a confirmation on your order?

And I'm not talking about a confirmation that they simply received your order.

That's quite crucial to the case. I'm no expert on UK law but as far as I read up on it, it's similar enough to ours tell if a contract was closed.
 
Good question. I dont think there is a document that could be officially an invoice. Thus far-

- Paypal Receipt
- Sage Pay Receipt
- Order notifcation

Invoices are usually issued with the goods here. Still no feedback from the company however. Soon enough the paypal will likely clear through my bank so if money is accepted then that might stand for something. More to come soon hopefully!
 
Oooh, the dramatic U-turn of doom has arrived, oh my god they will offer me free shipping! *Creams Pants* :lol:

Hi Kevin,


I've had the head rep for our supplier on the case and unfortunately he can't do anything on the price. The very best price we can sell this item at is £1099.00. He has apologised for his staff providing the wrong information and explained that because this lakland 55-02 in 3 tone sunburst is the last lakland available to purchase in the country, his bosses will not let him move the price to accommodate for their error. After this bass has gone, lakland will no longer be sold in the UK .
Once again I apologise for the mis-giving of information and if you could let me know if you are happy to pay the extra, I won't charge for delivery :) .


Thank you for your understanding.

Regards,

Alex
Dawsons Music