It looked to good to be true... Should I buy it?

It looked to good to be true... Should I buy it?

Author
Discussion

Dammit

Original Poster:

3,801 posts

215 months

Thursday 17th January 2008
quotequote all
My girlfriend was looking for a new bike in the sales and spotted a Cannondale 2 womens, reduced from £1650 to £1199.
She emailed me the spec, I looked over it and said that it looked great.

She was umming and aahing about it tonight, and brought up the page again.
As we looked at the spec together I began to think "hang on, this is a seriously good kit list for the money".
Which it turned out to be- the description of the kit is for the Rush SI Carbon 2- all £3,000 of it.

So- the bike is described on the page, and you can buy it online for £1,199.
What would we be able to say when we bought it, then contacted them and said "these components don't match the description of the bike I bought?!"

Cheeky I know- but would they have to honour their description and give us the spec on the page?

Edited by Dammit on Wednesday 23 January 14:15

Scho

2,479 posts

210 months

Thursday 17th January 2008
quotequote all
i'm sure something happend with loo roll or something on an asda site?

they listed loo roll for 39p instead of 3.90.

tons of people bought job lots but the company clocked it and re-funded the payments without sending anything out.

i allways thought if something had a price on it the shop owner was obligated to sell it for the marked price. seems this isn't the case?

give it a whirl, then sell the bike, buy the misses another 1k bike and get yourself something tasty with the cash ;-)

good luck,

rick.

Dammit

Original Poster:

3,801 posts

215 months

Thursday 17th January 2008
quotequote all
Was intending on waiting for it to be delivered, then contacting them and saying "you seem to have sent me the wrong bike"!

The Mrs is keen to point out that she'd be buying it, then possibly ebaying it, buying another 1K bike and spending the 3K profit on hats...

pdV6

16,442 posts

268 months

Friday 18th January 2008
quotequote all
Odds on there's a disclaimer somewhere saying they reserve the right to alter the spec without notice...

Dammit

Original Poster:

3,801 posts

215 months

Saturday 19th January 2008
quotequote all
Well my girlfriend went ahead and did the following:

Faxed the bike shop with a print out of the web page, having written on it "can you confirm this spec?".
Phoned them to ask them to check the fax and confirm the spec.
When they confirmed it over the phone she asked them to write the confirmation on the fax, sign it, and fax it back to her.
Which they did.
Once she had the fax back she then phoned them back and placed the order.

We are now waiting to see what happens!
I very much assume that she'll get the "wrong" bike.

So then she gets to phone them back and say "excuse me, this is not what I ordered?"

What does the Pistonhead community think as to what the shop can/will do?

Scho

2,479 posts

210 months

Saturday 19th January 2008
quotequote all
Dammit said:
Well my girlfriend went ahead and did the following:

Faxed the bike shop with a print out of the web page, having written on it "can you confirm this spec?".
Phoned them to ask them to check the fax and confirm the spec.
When they confirmed it over the phone she asked them to write the confirmation on the fax, sign it, and fax it back to her.
Which they did.
Once she had the fax back she then phoned them back and placed the order.

We are now waiting to see what happens!
I very much assume that she'll get the "wrong" bike.

So then she gets to phone them back and say "excuse me, this is not what I ordered?"

What does the Pistonhead community think as to what the shop can/will do?
QUALITY ;-)

what kind of shop is it BTW?

internet retailer or locaL bike shop?


Dammit

Original Poster:

3,801 posts

215 months

Saturday 19th January 2008
quotequote all
They are a very large national retailer- both shops and internet.

Finsh the name below for a clue:

Gwynn Daf ......?

snotrag

14,925 posts

218 months

Saturday 19th January 2008
quotequote all
Dammit said:
Gwynn Daf ......?
In that case, it'll definitely be wrong. It'll be a mens Trek. Roadbike.

Edited by snotrag on Saturday 19th January 13:23

littleandy0410

1,745 posts

211 months

Saturday 19th January 2008
quotequote all

"Who, me!?"

If you get the bike as advertised, then that's the bargain of the century! Shame it's not a bloke's bike, I'd have one myself!

Edited by littleandy0410 on Saturday 19th January 22:06

AbarthChris

2,259 posts

222 months

Monday 21st January 2008
quotequote all
under contract law, goods on display are displayed as an 'invitation to treat' this means that the price displayed for those goods is not an offer of sale but an offer for you to offer the price.

So you can offer the price for the goods displayed and the vendor has the right to accept or refuse sale as they see fit. When goods are wrongly priced up, the vendor does NOT have to go through with the sale. They can retract the goods and refuse the sale.

It isnt true when people say that you have to sell goods at the price it is displayed at. If the spec is wrong then they can and will probably refuse the sale and refund the money.


Dammit

Original Poster:

3,801 posts

215 months

Monday 21st January 2008
quotequote all
Does that hold true after they have accepted the payment and signed a description of the bike you are due to receive to guarantee it?

I know nothing of the law that is relevant here, so would very much like to know!

vincenz

691 posts

239 months

Monday 21st January 2008
quotequote all
You may recieve confirmation of you order, that the retailer acknowledged it, (usually automated) but the contract is only formed when monies are taken from your account.
Has the payment been taken?

Dammit

Original Poster:

3,801 posts

215 months

Monday 21st January 2008
quotequote all
Yep, money gone from the card on Friday.
Bike has been despathed from the warehouse- due for delivery tomorrow at some point.

The Count

3,304 posts

270 months

Monday 21st January 2008
quotequote all
Dammit said:
Yep, money gone from the card on Friday.
Bike has been despathed from the warehouse- due for delivery tomorrow at some point.
Keep us informed Dammit...and i hope you get what you're after smile


vincenz

691 posts

239 months

Monday 21st January 2008
quotequote all
Looks like your on a winner, a contract has been formed that will stand up in a court of law if they notice their 'error'.
Best of luck with it though, and keep us posted

Dammit

Original Poster:

3,801 posts

215 months

Monday 21st January 2008
quotequote all
I'll let you know how it turns out- moment of truth will be when the bike arrives and me Julie then phones the retailer and says "there seems to be an insufficiency of carbon fibre in the box you have sent me"....

AbarthChris

2,259 posts

222 months

Tuesday 22nd January 2008
quotequote all
I'd agree, it sounds like a contract has been formed and if you have confirmation of the spec and they've accepted payment then i think you have a valid deal.

Nice one! we expect pics as soon as it arrives!

Dammit's Julie

1 posts

202 months

Tuesday 22nd January 2008
quotequote all
Hello,

Dammit's Julie here. In true female form, my first post will be a rant, ish.

Had the bike delivered earlier today. Not the one specified, as predicted.

Much resistance to provide the bike ("It's a 2007, we don't have it." ) or something of equivalent spec. I have been told that "there is no way in the world we can provide that bike for that price."

A full refund has been offered - ooOoooh. How generous.

I thought, but am happy to be corrected, that if someone is unable to provide the product specified, that I should be entitled to a full refund and compensation to make up the difference to allow me to buy the product elsewhere - can anyone advise?

There is also the argument that the bike doesn't exist as the manufacturer doesn't make a bike with those specs for women. My gripe here is that I didn't ask if the name matched the specs. In my fax, I asked for the specifications stated to be confirmed for that price. (I also phoned to check the fax had been received and understood.) Will this point be the undoing of me if I pursue it?

Much disgruntled.

LittleBro

9,453 posts

241 months

Tuesday 22nd January 2008
quotequote all
I think the description is an "invitation to treat" and they dont have to stand on it. If you bought it though and THEN said it was the wrong spec, I'd imagine they'd just offer a refund.

mk1fan

10,648 posts

232 months

Tuesday 22nd January 2008
quotequote all
A quick recap of the situation so far:

OP notices an incorrectly advertised bike.
OP buys bike in full knowledge that bike won't be delivered as specified.
OP attempts to get more money than they paid.
OP bemoans that the seller is trying to be crafty in trying to avoid paying over extra money.

Pot - Kettle situation ensues.

Quite frankly you've gone into this situation with the full intention of manipulating the legal technicalities and come out with an easy buck. Now fair play to you for trying, but don't start moaning when the seller resists.

The consumer laws are there to protect the unsuspecting customer - not those intentially abusing the system.