Dirty Harry Collection on Blu - Ray for £3.49

Clare Newsome

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Well, i've ordered it and it let me checkout at that price.
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Let's see if it actually gets dispatched (and is a full set of Blu-rays if/when it arrives!) If it is an input error, they could still decline to fulfill the order.
 

margetti

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Have placed an order and it has gone through at that price, but I am fully aware they reserve the right to withdraw the sale up to the point of dispatch - I don't hold out much hope but we shall see!
 

Gerrardasnails

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margetti:Have placed an order and it has gone through at that price, but I am fully aware they reserve the right to withdraw the sale up to the point of dispatch - I don't hold out much hope but we shall see!

I joined you both, and used Paypal so it's easier to get refunded if need be.
 
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Anonymous

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£3.49 x 10,000 orders they'll keep the money for a month before refunding when they admit to the error = creating money out of nothing the easy way by CDWOW!
 
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Anonymous

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This is what their T&C's say:

If an error is discovered in the price of the item(s) you have ordered, we will inform you and issue a full refund as soon as possible. We shall be under no obligation to fulfil an order for an item which was advertised at an incorrect price, if the item(s) has been charged and not despatched we will cancel and refund your order.

However, I am under the impression that contract law says that when you pay for the goods then a contract is made and they have to supply the goods at the agreed price (the price you paid). That was what was hinted at in the BBC show "Don't Get Screwed". However, there example was different in a couple of ways:

[*]It was an item bought in a shop
[*]The goods were paid for and given to the purchaser before the mistake was noticed

In that case they said they couldn't make you pay the difference, or take the goods off you and give a refund, or stop you taking the goods home. This was because a contract has been struck between the buyer and seller when the payment was made and a reciept was issued for the transaction. In other words it was a contract at point of sale.

They are trying to say that the contract hasn't been agreed until point of dispatch - but my understanding is that the contract has been formed before this - when the payment was accepted. If this is correct then they would have to honout the contract regardless of their T&C's. I'm sure they would try not too, but they may have no choice if my understanding of contract law is correct.

Any Contract Lawyers out there to confirm or refute this?!?
 

professorhat

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I'm not a contract lawyer, but the differences are clear between purchasing in a shop and over the internet. In a shop, a human being takes your cash and then gives you the goods - that's where the contract is made. With a website, there's no human being to detect the error until it comes to shipping time - that's when the mistake is spotted. Since the goods haven't been handed over (or dispatched), there's no contract at that point so they can lawfully refund you your money and not ship the goods.

Believe me - these Ts & Cs for internet companies have been around a fair few years and if the above wasn't the case, it would have been changed by now.
 

Gerrardasnails

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professorhat:
I'm not a contract lawyer, but the differences are clear between purchasing in a shop and over the internet. In a shop, a human being takes your cash and then gives you the goods - that's where the contract is made. With a website, there's no human being to detect the error until it comes to shipping time - that's when the mistake is spotted. Since the goods haven't been handed over (or dispatched), there's no contract at that point so they can lawfully refund you your money and not ship the goods.

Believe me - these Ts & Cs for internet companies have been around a fair few years and if the above wasn't the case, it would have been changed by now.

The professor is right. I've studied Contract law and in a shop situation, the "acceptance", which all contracts need, is the shopkeeper taking your money and handing you the goods (ie checkout counter). On the internet, the handing of the goods is the shipping - hence, no shipping, no acceptance, no contract, no Dirty Harry for a steal!
 

laserman16

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Gerrardasnails:professorhat:

I'm not a contract lawyer, but the differences are clear between purchasing in a shop and over the internet. In a shop, a human being takes your cash and then gives you the goods - that's where the contract is made. With a website, there's no human being to detect the error until it comes to shipping time - that's when the mistake is spotted. Since the goods haven't been handed over (or dispatched), there's no contract at that point so they can lawfully refund you your money and not ship the goods.

Believe me - these Ts & Cs for internet companies have been around a fair few years and if the above wasn't the case, it would have been changed by now.

The professor is right. I've studied Contract law and in a shop situation, the "acceptance", which all contracts need, is the shopkeeper taking your money and handing you the goods (ie checkout counter). On the internet, the handing of the goods is the shipping - hence, no shipping, no acceptance, no contract, no Dirty Harry for a steal!

This is almost surreal.

I was having this exact same conversation with my Daughter yesterday as she is studying for an accountacy exam at the moment.

Exactly as the Prof and Gerrardasnails say.
 
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Anonymous

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Another one hoping they show up.

Just to clarify the amateur lawyer hour: contracts need an offer, a acceptance of the offer, and consideration. It isn't quite as written above, although the concept is there.

Shops, and the internet (no difference) advertise products for sale. This display of "offers" is treated by law as an "invitation to treat". So, they aren't a legal offer of a good (you can't just accept and pay). This gets round the obvious potential for errors!

You make the offer to the store (website) to buy the item they [offer] advertise. THEY chose whether to accept - and then ask you to pay to provide the consideration. Evidently, the have control, and can make a new offer to you etc.

Hence, no contract until they accept.

If shops or websites honour mistaken prices it is more to do with goodwill than a legal obligation.

So... wait to see if CD wow accept your offers to buy!
 

Gerrardasnails

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SAP7:Another one hoping they show up.

Just to clarify the amateur lawyer hour: contracts need an offer, a acceptance of the offer, and consideration. It isn't quite as written above, although the concept is there.

Shops, and the internet (no difference) advertise products for sale. This display of "offers" is treated by law as an "invitation to treat". So, they aren't a legal offer of a good (you can't just accept and pay). This gets round the obvious potential for errors!

You make the offer to the store (website) to buy the item they [offer] advertise. THEY chose whether to accept - and then ask you to pay to provide the consideration. Evidently, the have control, and can make a new offer to you etc.

Hence, no contract until they accept.

If shops or websites honour mistaken prices it is more to do with goodwill than a legal obligation.

So... wait to see if CD wow accept your offers to buy!

A bit patronising SAP7. I could have explained it in it's entirety but I guessed that most AV/HiFi enthusiasts would prefer to get the gist without the spiel.
 

laserman16

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Gerrardasnails:SAP7:Another one hoping they show up. Just to clarify the amateur lawyer hour: contracts need an offer, a acceptance of the offer, and consideration. It isn't quite as written above, although the concept is there. Shops, and the internet (no difference) advertise products for sale. This display of "offers" is treated by law as an "invitation to treat". So, they aren't a legal offer of a good (you can't just accept and pay). This gets round the obvious potential for errors! You make the offer to the store (website) to buy the item they [offer] advertise. THEY chose whether to accept - and then ask you to pay to provide the consideration. Evidently, the have control, and can make a new offer to you etc. Hence, no contract until they accept. If shops or websites honour mistaken prices it is more to do with goodwill than a legal obligation. So... wait to see if CD wow accept your offers to buy! A bit patronising SAP7. I could have explained it in it's entirety but I guessed that most AV/HiFi enthusiasts would prefer to get the gist without the spiel.

The gist should do for everyone.
 
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Anonymous

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Sorry....

Did not intend it to have that effect at all. I did say the above had the gist (concept) right.

Just think that when it comes to talking about legal things, it is patronising to assume people here are not able to follow the facts. The "gist" can confuse more than it helps sometimes. The above was wrong, in that it talked about shops and the internet being different, and about people and machines. That can confuse, as it is not right.

Might as well know the truth, and let's face it - it isn't too hard to understand! I could say you patronised me by giving me a lay person's "gist". All I did was make it clear, with the facts (no apology for that). I was not having a go, just making sure there was no ambiguity, and stopping some confusion and questions when these discs are possibly not shipped and the offers refused.

Anyway, less arguing, and more hot deals please! Apologies to anyone who thought my wording was a bit rude!

p.s. saying the gist should do for everyone is even more patronising as it assumes you know best! How do you know what does for me? I'm not arguing though, just teasing now!
 
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Anonymous

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Exactly, after all we'll all be watching Clint on Christmas Day!
 

Andrew Everard

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Just received:

"Yesterday you placed an order for the Dirty Harry Collection on Blu-ray. Our supplier relayed incorrect pricing information for this item which was reflected by the reduced price displayed on CD WOW! Our supplier has told us they are unable to honour this title at the reduced price, so unfortunately we have cancelled your order and are processing a refund today.

Let us assure you that we at CD WOW! take great care in making sure the prices reflected on the site are correct and that all products ordered can be supplied, however occasionally there is an error and we sincerely apologise to you for that.

We have attached a gift voucher for £1.25 which can be redeemed at any time in the next 12 months and can be used on any item on CD WOW! including sale items.

Best Regards,
The CD WOW Team"
 

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