Beware of RGB Direct!

[admin_exported]

Having read reviews of Panasonic's new SCBT100EBK Blu-ray home cinema system I decided to get one and found via Google that RGB Direct were taking orders for it at £387 - significantly less than others also listed.

I called them on 17 May and placed an order, although they stated that it would not be available for 2-3 weeks and they asked me to confirm that as acceptable by email, which I duly did.

They confirmed back to me by email as well. So far so good.

On 19 May they took the money from my account.

This morning (20 May) I received a call from them in which they advised that it would be 12 weeks for stock to come in and that they could not hold my money for such a period and advised me to cancel the order.

I reluctantly agreed but then checked on Google again and they are now listed as selling the system at £699; what a coincidence!

I then had a protracted telephone conversation with their 'customer services' department in which they denied being able to obtain their own web page with the item on (see long Google link URL below) they also denied that we had a contract to provide goods, despite them having confirmed my order and taken the money from my bank account.

I also telephoned their sales department who confirmed that they were taking orders for the unit at £699. I believe that RGB have discovered an error in their pricing point and have deceived me into canceling my order to save themselves the cost difference between the two figures.

If this is the way that RGB Direct treat people I recommend that consumers be aware of the kind of treatment they might expect when ordering something from them.

Checkout the Google URL...http://www.google.co.uk/url?q=http:...AAAAAA&usg=AFQjCNHVaa8TV35WsG1AhFnQ1-5VmizGiw

 

[bigblue235]

I do sympathise, I undertstand that you've probably put time and effort into this, and it's a shame you're missing out.

But I'm afraid (as far as I'm aware) that they can confirm receiving your order, and take your money, without being legally obliged to send you the goods. I don't know if they're trying to deceive you, simply because they possibly wouldn't need to, depending on their terms and conditions.

Again, I sympathise that you're missing out, but maybe it's because I'm a retailer that I struggle to see why people demand to be sold goods that they know are likely mis-priced.

If a shop had an item marked at too high a price, would you demand to pay over the odds?

You'd either go elsewhere, or ask the shop to rectify their mistake. So therefore shops have to able to protect themselves from errors too. They've made a mistake, surely you can understand?

That said though, they should offer you some sort of goodwill gesture as it is definitely their mistake.

 

[Anonymous]

Had that been on offer in a shop; ie wrongly priced; you would have been entitled to purchase at the price displayed. The onus is on them to get there facts right. Chase them and insist. I have purchased several things at an advertised price that was incorrect. Re: wouldn't buy at higher price; of course not; he'd be silly to not check the facts. It's just a fact of life, if you can get it cheaper go for it.

 

[bigblue235]

I actually had a bit in my last post about misinformation being spread on the net with regard to Sale of Goods Act etc, but I removed it in case the OP though I was directing it at him, rather than the net in general. But...

[quote user="Andy Marvill"]Had that been on offer in a shop; ie wrongly priced; you would have been entitled to purchase at the price displayed.[/quote]

No, you wouldn't. That's one of the most often-quoted things I see on websites such as Hotukdeals, but is actually incorrect. Any item can be removed from sale, at any point prior to purchase. If not, there would be many implications, such as someone switching price tickets, and someone else demanding to buy it at that price. Even with correctly priced items, a retailer can still refuse to sell any item, you cannot force a sale.

Chase them and insist. I have purchased several things at an advertised price that was incorrect

You can't insist if no contract has been formed. I've refused to sell many items that were mispriced.

Re: wouldn't buy at higher price; of course not; he'd be silly to not check the facts. It's just a fact of life, if you can get it cheaper go for it.

It's not a fact to me I'm afraid, as I wouldn't attempt to cash in on someone else's error. Sadly it's a fact that many people do, and get upset when they can't have their way. Hence why there's so many "I told them I'd see them in court" comments on bargain forums, from people who'd be laughed out of a lawyers office.

 

[professorhat]

Indeed, if you do manage to get a great deal because someone has mis-priced and still allows the sale (usually done in a big corporate shop as a good faith thing because they can afford it), then this is always great. However, if you don't get an absolutely stunning deal because someone has made a mistake and mispriced and decided they don't want to go out of business just because they made that mistake, I don't think you can really complain. I'm sure you've made some mistakes before in your life and you don't always deserve to be punished for them!

I do agree they've been quite sneaky in the way they've done this. It would have been better to have just come clean and said, "Sorry, we underpriced the item in question and can't sell it at this price, here's your money back. If you still want to buy at the new price, it is now available here". So for this, you're right to feel a little aggrieved. But still, I don't think it's worth kicking up a massive fuss about.

 

[Andrew Everard]

[quote user="bigblue235"]
[quote user="Andy Marvill"]Had that been on offer in a shop; ie wrongly priced; you would have been entitled to purchase at the price displayed.[/quote]

No, you wouldn't. That's one of the most often-quoted things I see on websites such as Hotukdeals, but is actually incorrect. Any item can be removed from sale, at any point prior to purchase. If not, there would be many implications, such as someone switching price tickets, and someone else demanding to buy it at that price. Even with correctly priced items, a retailer can still refuse to sell any item, you cannot force a sale.[/quote]

It's an 'invitation to treat', isn't it?

 

[John Duncan]

[quote user="Andrew Everard"]It's an 'invitation to treat', isn't it? [/quote]

Yes. Invitation to treat, offer, acceptance. An example:

"Hob ***?"
"Ooo ta"

 

[bigblue235]

[quote user="Professorhat"] I don't think you can really complain. I'm sure you've made some mistakes before in your life and you don't always deserve to be punished for them! [/quote]

Yeah, well said.

I don't think people really grasp that in situations similar to this (though not in this specific instance) if people pile in on a deal, then kick up a fuss, the buck will stop with someone, somewhere who has just made a genuine error. If not been for people trying to force the issue, that someone would usually just get a slapped wrist. However if the company yield (as they sometimes do to save face, even though they don't technically need to) and lose money as a result, then that someone could be out of a job. I saw someone sacked for gross misconduct for losing their company around £200.

[quote user="Andrew Everard"]It's an 'invitation to treat', isn't it? [/quote]

Generally, yes

If the retailer is above board anyway! There are rare exceptions, but only really when the retailer is trying to be sneaky!

 

[Anonymous]

That may be so but in this case I placed an order for goods at the quoted price and they took the money so we had a de facto contract. They made the sale and by taking my money accepted the price at which the goods were to be sold. They didn't have to do so but should have honoured the contract to provide goods for the consideration they had received. I am sure that at the point of sale they could have turned me down by stating that there had been an error in the pricing, but how was I to know that they had made an error? I simply looked for the goods on various websites, they were the cheapest so I placed an order with them.

 

[Andrew Everard]

If it looks too good to be true...

 

[timwileman]

[quote user="Andrew Everard"]
If it looks too good to be true...
[/quote]....yep.........3 issues for a quid.....!!! haha

 

[Andrew Everard]

[quote user="timwileman"]....yep.........3 issues for a quid.....!!! haha[/quote]

Try it...There's even a money-back guarantee,

 

[Anonymous]

That saying is generally quoted in cases where people inadvertantly get ripped off. We had a contract and they broke it, pure and simple. At which point does a deal become 'too good to be true'? If retailers were legally permitted to recind on their contracts simply because they wanted to change the price of their goods after having sold them the market would break down. Imagine doing your weekly shopping and, having collected the items you want to buy you get to the checkout. The checkout assistance then scans your goods and the prices have all changed. What would you think if there were price differences between the shelves and the checkout?

 

[professorhat]

I think you're thinking about this a little too much. We're not talking about a retailer changing their prices deliberately to deceive you, we're talking about a retailer who accidentally advertised the price of something by almost half the cost. When they realised the error, they refunded you and corrected the price (albeit in a slightly sneaky manner).

You haven't been ripped off, they haven't taken your money and not provided the goods. All that happened is, you didn't get the bargain you hoped you were going to get. Presumably when you researched the prices on the internet, you must have noticed that this retailer was significantly cheaper than all the others?

Accept the fact they made a mistake and didn't give you the best deal ever, but instead cancelled the sale (as they are legally entitled to do). I wouldn't blame you from buying somewhere else now since they haven't offered you any goodwill gesture and I'm sure this and other aspects of the deal has made some people think twice about buying from RGB Direct now.

Case closed.

 

[D.J.KRIME]

Maybe you should have done a little more resurch before canceling your order then??? Maybe then you may have had a arguement to put up but seeing as you have agreed to cancel your order then it's definatly tuff luck and dont cry over split Milk.

There was a Simular situation just before christmas where WOOLWORTHS had a 32"" LCD on their website for about £200 and thousands of people placed orders thinking like you did BARGAIN!!! and the money was taken from their accounts. Now as with most bigger companys money is taken automatically buy their computers on completion of the checkout process, but in this case as I would presume be the case in your's the Item had been incorrectly priced on their site and as soon as the problem was noticed by the retailer, the price was rectofied and all moneys were refunded in full but in this case Woolworths simply explained that it was priced in error. Now loads of people had a winge at them spouting all this "SEE YOU IN COURT" rubbish but the face is the WOOLWORTHS had done nothing wrong leagley.

So if you were looking through your local paper and a Estate Agent had a £1,000,000 house pictured displaying a price of £300,000 do the vendors have to Leagley sell you it for that price? No do they heck! Both parties in any agreement have to have cover incase any error has occoured in incorrect priceing.

 

[Anonymous]

Maybe a friendly email to RGB before placing the order - quoting both the catalogue number and price - asking them is this was correct would have saved a lot a hassle.Then again, hindsight is a wonderful thing.

 

[bigblue235]

[quote user="Sir chandresque"] That may be so but in this case I placed an order for goods at the quoted price and they took the money so we had a de facto contract. They made the sale and by taking my money accepted the price at which the goods were to be sold.[/quote]

Taking money does not form a de facto contract by itself though, depite what people on the net claim. If they state on the T's & C's of their site that order completion is when the goods are dispatched, then that's when it is. It's usual that they've confirmed your order, but not the completion of the sale. If you have some proof to the contrary, chase it up. If not...

They didn't have to do so but should have honoured the contract to provide goods for the consideration they had received....We had a contract and they broke it, pure and simple

It's possible there was no 'contract' though, just an 'offer' from you.

If retailers were legally permitted to recind on their contracts simply because they wanted to change the price of their goods after having sold them the market would break down.

They likely haven't actually been 'sold' though, and if this is the case, there would be no contract to rescind. An e-tailer can cancel the sale after money has been taken quite legally. They often do.

Imagine doing your weekly shopping and, having collected the items you want to buy you get to the checkout. The checkout assistance then scans your goods and the prices have all changed. What would you think if there were price differences between the shelves and the checkout?

I would think that there had been a mistake on the shelves, that's about it.

To turn it around, what would you do if said items were cheaper at the checkout ? Would you demand to pay the higher shelf price ?

[quote user="Andrew Everard"] If it looks too good to be true... [/quote]

... post it on HotUKdeals and then form an angry mob ?

 

[cabman]

Re price of goods see th e link below hope it clears this matter up,

http://www.adviceguide.org.uk/c_goods.pdf

and in general

http://www.adviceguide.org.uk/c_buying_over_the_internet.pdf

 

[bigblue235]

Cabman, as in Citizens Advice Bureau?

Thanks for the link, hopefully that will stop people getting the wrong end of the stick/

Could you post it on all the bargain forums too please ?!

 

[Alantiggger]

It all sounds a bit fishy really... I'd have held out for the twelve weeks myself.

 

[Anonymous]

After more than 15 years in the motor retail trade i afforded myself a chuckle when i read through these posts, a few years back i had a couple of strategically shaven gorillas masquerading as British Gas workmen enter my office and demand to but the Ford Fiesta on our forecourt for the screen price marked up as £495.00, it seemed the first digit had fallen off reducing the price by 4 grand !

It was this moment that a colleague intervened to ask if the two guys test of the vehicles suspension had been satisfactory , this was met by puzzled faces all round to which my colleague asked ' well why else would you rock the car from side to side like that ? '

It seemed they had seen the number four had not been fully clicked in to the pricing board and decided to hatch a ' clever ' plan.

They then left rapidly muttering something or other about car salesmen being conmen or something , before i had chance to ask them if they still wanted the Fiesta . As a car salesman with 15 years experience i can state that i have never lied or decieved a client but have been duped a few times ( missing radios,service histories or spare wheels in part exchanges ) but it is fair play when it favours the customer eh ?

An offer of sale is not a contract of sale !!!

 

[Juzzie Wuzzie]

In simple legal terms, the error made was by cancelling the contract. Until then, I would have thought you had a valid and binding contract (you offered to purchase at their advertised price, and they accepted your offer, subject to a delay in delivery). When they said they couldn't deliver for 12 weeks, that did not give them a right to cancel the contract (as the timing of delivery, given they had your cash, was for your benefit only). Thus they asked YOU to cancel the contract, and take your money back - in order to not have to sell to you at the low price - RGB Direct must have thought this one through. Oh well - about the only thing I could suggest is perhaps they either a) used undue influence on you to cancel - the delay in delivery or b) were misleading and deceptive in their conduct - if they COULD have delivered in less than 12 weeks.

Net, net - £300 probably doesn't warrant taking it further, unless the cost is no issue.

 

[bigblue235]

toledo7175: It seemed they had seen the number four had not been fully clicked in to the pricing board and decided to hatch a ' clever ' plan.

Hehe

I've been on the end of similar plans, including folk who'd stolen a pricing gun from a local supermarket, and were demanding to buy at the prices they'd created and stuck on our goods themselves, on price tickets that were entirely different to ours!

We also had quite a lot of goods that had swing tickets, and people would unclip them from one item and pin them to another, then approach the counter to buy. When we'd inform them that it was an incorrect price, they'd state that they hadn't changed the tickets, so therefore they were "entitled to them at that price". Trying to point out that they still couldn't buy it for that price whether it was them, us, the next person, The Pope, The Queen or anyone else that had changed them, was usually met with the "conmen" jibe that you experienced.

As a car salesman with 15 years experience i can state that i have never lied or decieved a client but have been duped a few times ( missing radios,service histories or spare wheels in part exchanges ) but it is fair play when it favours the customer eh ?

Yeah, exactly. The web is full of stories rip-off retailers, but when customers manage to purchase a mispriced item they congratulate one another. When they don't manage to rip-off the retailer off they're all supposedly off to their lawyers. "I know my rights" must be the most frequently misused statement on the net!

Look at any of the bargain forums, they even have threads titled along the mines of "Misprice, get in quick!", which I find shocking.