Associate
- Joined
- 29 Oct 2019
- Posts
- 1,002
Nobody in their right mind would believe a newly released CPU was on sale for 50% off MSRP, clearly a pricing error that they were hoping to take advantage of at the retailer's expense.
As I said above, loss of bargain.
Nobody who knows the market or is an expert, perhaps. Mr Average Consumer on the street?... 50% of a CPU is still a lot of cash. It wasn't up for 99p or anything.
Depends - sometimes there are loss leader deals, etc. other times the manufacturer have supported sales for various reasons - I've genuinely bought things like graphic cards (GTX470 for example) only weeks after release at like 40% off the MSRP, etc. after nVidia supported discounts.
Is this still going on....???
Take the refund plus £25 and move on with life...
Spend it on some flowers for your girlfriend, mother - something for someone. Give it charity for god sake.
Life is way to short to be getting worked up about a mispriced item that you didn't get.
Take the refund plus £25 and move on with life...
Spend it on some flowers for your girlfriend, mother - something for someone. Give it charity for god sake.
Life is way to short to be getting worked up about a mispriced item that you didn't get.
Soldato
Pretty sure thats not what loss of bargain is....
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Potentially it becomes a case of theft not breach of contract. But as before the law can be quite vague in this respect (there is a whole thing about intention) and it would have to be established first where the reasonable transfer of ownership happened, etc. while T&Cs can't override statutory rights the specific wording can still make a difference in these cases.
Ultimately it just isn't worth going legal over it though - there aren't really any winners in this situation.
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Soldato
Basically this. Sure you could take them to court, who knows, you might even win, but is it worth all that time and effort and expense to save £100 on a cpu you weren't even that interested in buying in the first place?
Well IANAL but maybe you are? Care to elaborate?
Are you suggesting it works only in reverse (i.e. someone backs out of an agreed sale and you sell the item for less, and recoup the difference)?
Soldato
Take the £25
People seem to be highlighting the wrong part of this..
From their T&C's:
Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement between you and us.
They should be highlighting the 'Wherever possible' part...
You've said you don't need the CPU, they've offered you either a £25 credit or the product for £100 less than its current price, so, you either get £25 for nothing, and when I say nothing, that's not really true anymore, you have spent your time creating this thread, so, work out what your hourly rate is based on that, or you get a CPU you don't need for less than you should do, in which case you have still got a deal, or, you flip it and then make whatever difference you can between the cost and the sale price...
People seem to be highlighting the wrong part of this..
From their T&C's:
Wherever possible we will accept your order to buy the goods of the specification and description at the price indicated by e-mail and in which case there will be a concluded agreement between you and us.
They should be highlighting the 'Wherever possible' part...
You've said you don't need the CPU, they've offered you either a £25 credit or the product for £100 less than its current price, so, you either get £25 for nothing, and when I say nothing, that's not really true anymore, you have spent your time creating this thread, so, work out what your hourly rate is based on that, or you get a CPU you don't need for less than you should do, in which case you have still got a deal, or, you flip it and then make whatever difference you can between the cost and the sale price...
Soldato
Well IANAL but maybe you are? Care to elaborate?
As I understand it, loss of bargain applies where breach of contract prevents you from claiming future profits - e.g. if the OP had been buying this CPU because he had just landed a £20k contract to do some data analysis on his PC, and the breach of contract meant he was no longer able to do this (e.g. it was the last CPU available and now was out of stock everywhere), then in theory he would be able to sue for the £20k he'd now lost out on. It doesn't literally mean "missed out on a bargain".
Basically the OP has 3 choices:
1. Accept the £25 - since he only bought the CPU because of the low price anyway, this is probably the best option. He basically gets £25 for nothing, with no loss.
2. Accept the £100 discount offer - if he wants the CPU now, this is probably still better than any other offer available, so 2nd best option.
3. Carry on hounding the retailer. Best case scenario, they give in eventually (but probably unlikely given their responses so far). Worst case scenario, OP takes them to court and loses (most likely IMO). As I said, he might win, but for a £100 saving on a CPU he didn't really want in the first place, is that really worthwhile? His time & effort spent doing so will probably far exceed the £100 saving anyway.
Permabanned
What on Earth are you crying over here?
Most reasonable seller ever and you are being an ass.
Most reasonable seller ever and you are being an ass.
My fault, I missed that. Thanks
Apologies, my fault for asking - I missed the earlier post where you said it was a competitor.
Your missing a lot lately you stupid old fool!
Is the seller your daddy?
Commissario
That's the second time you've referred to my age, never mind the insult. I let it go the first time but not again. It's time for you to wind your neck in.Your missing a lot lately you stupid old fool!
Permabanned
I have nothing more to say if you think you are somehow worse off.
I have said enough in my posts about the world being full of idiots.
Associate
Not the way it works, there is more to a contract than just "offer and acceptance" although thats the two that most people focus on.
The law allows for unwinding contracts for mistakes, especially obvious ones like this.
The term we are looking at here is "Intention" to for a contract there needs to also be intent, did this seller intend to sell this product at that price? No it was a mistake they never intended to make so the contract can be canceled..