Look at this bull cack

WatchTower · 9 Dec 2006 at 13:59

This was taken from a page of a very famous console gaming retaiter. Take in mine I preordered my Wii from here on the 13th of October.

Due to the high interest in pre orders for Wii console retailer have decided to postpone taking any further pre orders until we are in a position to confirm our next allocation. However by registering interest in the Wii by clicking here or calling (number), customers will be placed in a queuing system where they will be notified and given priority to place a order once allocation volumes have been confirmed.

* Orders placed on or before 9th November will arrive in time for launch

* Orders placed between 10th and 29th November inclusive cannot be guaranteed for launch day, but will arrive in time for Christmas

* Orders placed on or after 30th November will be fulfilled as quickly
as possible, but cannot be guaranteed for Christmas

False advertising is against the law. :mad:

Whappers · 9 Dec 2006 at 14:04

Unlucky man!

You're right! - false advertising is against consumer rights I believe!

I'm not sure what you can do to be honest though.

Whappers.

Memphis · 9 Dec 2006 at 14:05

Stop throwing a hissy fit just because Nintendo under-shipped and you didn't get yours.

If you're so upset, get your money back and buy one from eBay.

sanofi · 9 Dec 2006 at 14:15

Yeah, if your upset then just contact the retailer and either get your money back or complain and see if you can get some free stuff.

WatchTower · 9 Dec 2006 at 14:54

I am going to contacted them. Why would I want to pay over the odds on ebay?

GarethDW · 9 Dec 2006 at 15:12

False advertising may indeed be against the law, but I think you'll find that what they've posted on their site isn't illegal. It's, at best, an invitation to treat (or an "invitation to bargain" for any Yanks reading this) which is the vendor's get out of jail free card.

Similarly, if you find a website where they incorrectly display the price of a Nintendo Wii for 1p, you can't sue them when they charge you £179.99 for the product, because the price sticker is merely an invitation to treat, inviting you to make an offer to the vendor, at which point (if he accepts) the contract is formed and the price is binding.

Google a case called Fisher vs Bell, where a flick knife was displayed in a shop window despite the item being illegal to sell, and it'll all become clear.

Blimey, my law lecturer would be proud of me remembering all of this, nearly 20 years after I studied it!

Metalface Mark · 9 Dec 2006 at 15:18

Theres places you know you get stuff when you pre order, and places which you would steer clear from.

You order from someone reputable, and stop bleating about not getting it, theres a lot of people complaining because they ordered as soon as some sites put them on for sale, while other clever people (like me) waited till the place i buy all my stuff from and never let me down, put theirs up for pre order, about 6 weeks after other places were selling.

Kamakazie! · 9 Dec 2006 at 15:32

GarethDW said:
False advertising may indeed be against the law, but I think you'll find that what they've posted on their site isn't illegal. It's, at best, an invitation to treat (or an "invitation to bargain" for any Yanks reading this) which is the vendor's get out of jail free card.

Similarly, if you find a website where they incorrectly display the price of a Nintendo Wii for 1p, you can't sue them when they charge you £179.99 for the product, because the price sticker is merely an invitation to treat, inviting you to make an offer to the vendor, at which point (if he accepts) the contract is formed and the price is binding.

Google a case called Fisher vs Bell, where a flick knife was displayed in a shop window despite the item being illegal to sell, and it'll all become clear.

Blimey, my law lecturer would be proud of me remembering all of this, nearly 20 years after I studied it!

That is true but they accepted his offer and took his pre-order. They have not fulfilled their promise of shipping his console on release date as they have advertised.
They can say they will be able to as long as they don't take orders that they can't fulfil, but if they accept his pre order then they are accepting his offer and thus creating a contract.
Unless there is some other precedent that means this is not the case with pre-orders or summit. I've only done a little bit of law as one of my modules (with the case you mention being one we looked at).

EDIT: Though i guess they didn't take his money so maybe that makes it void anyway??

chris_87 · 9 Dec 2006 at 15:41

I know a couple of people that pre-ordered from that site during november (I think the latest was around the 23rd) and apparently his Wii was despatched yesterday. Definately give them a ring (although from my experience their CS is shocking, rang up to cancel one order and place another, spoke to the same person the next day by chance as I wanted to update my order and was told I had two orders even though he said he had cancelled it the day before :rolleyes:

).