vb.org Archive - Guy Wins Ebay Auction, and Dealership Backs Out

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- - Guy Wins Ebay Auction, and Dealership Backs Out (https://vborg.vbsupport.ru/showthread.php?t=58330)

He is entitled to that car, and should take legal action for breach of contract...

Satan

i was on simply computers website the other day and they mistakenly had a radeon 9800 pro for ?25 so i ordered one, got the order acknowledgement saying it was gonna be sent out and everything, then i get an email this morning saying

Quote:

Dear [Sir/Madam/Customer]

Re: 49291 Gigabyte Radeon 9800 pro Graphics Card

Thank you for your order dated 31/10/03

Simply Computers, [as one of the largest internet mail order specialists of its kind in the UK] lists between 8,000 and 10,000 products on its website. With such a diverse product range I am sure you can understand that it is possible that extremely rarely a product is either shown at an incorrect price or continues to be advertised after it has been withdrawn from sale by the manufacturer. Regrettably that was the case with the Gigabyte Radeon 9800 Pro Graphics Card that you ordered recently from us. In this case the product was inadvertently displayed at an incorrect price.

In order to protect the customer against these very rare errors Simply Computers has in place a sophisticated safeguard mechanism to ensure that no contract is fulfilled into between the customer and the company unless all the details have been filtered and thoroughly checked.

Shortly after your order was submitted the mistake was spotted and your order cancelled. I am pleased to confirm that this ensured that your credit card payment was not submitted and you have not been prejudiced in any way. The card in question is now advertised at the correct price and if you wish to placed a new order we will be happy to dispatch as soon as we have stock. I am sorry that you have been inconvenienced and I do hope this will not put you off purchasing goods from Simply Computers in the future. But I trust you will agree that that is an end to the matter.

Regards,
Chris Edridge
Operations Manager

Disclaimer

This e-mail is confidential and intended solely for the use of the
individual to whom it is addressed. Any views or opinions presented are
solely those of the author and do not represent those of Systemax Europe Ltd.
If you are not the intended recipient, be advised that you have received
this mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

Consumer customers visit http://www.simply.co.uk

Business customers visit http://www.misco.co.uk

now surely it's there mistake and they owe me the card?

IIRC Amazon had a similar mistake where they were accidently selling computer hardware for 1/8 of the original price:D

26,000$ for that.. no wonder the dealer pulled.. imagine his loss! still I smell lawsuit.

Quote:

Originally Posted by sabret00the

No they don't. Under common law, a shop can deny acceptance if they put an object on offer with the wrong price.

Ebay is different - that is an auction, and auction has it's own rules. The highest bidder wins at the end of the auction, so that guy in that auction is entitled to his car.

Since the car is gone the winner has few choices. He can sue for breach of contract because obviously the auto dealer didn't pull the advertisement prior to the auction ending. This may still never get him a car and he'll spend thousands on an attorney. The bidder can also shrug it up to experience and move on. At the very least he should file a complaint with the department of motor vehicles in his state. They handle fraudulent auto dealer advertising disputes, and they take these things very seriously. The BBB and similar organizations are a waste of time.

Quote:

Originally Posted by Erwin

Apparently he got his car :rolleyes:

Not all auctions are "absolute".

Even if the dealer reneged, what's the worst that can happen? His account gets suspended? Dealers are cheap, they had no intention of selling that car through ebay, the fee would be too high. It's free advertising.

Quote:

Originally Posted by Erwin

No they don't. Under common law, a shop can deny acceptance if they put an object on offer with the wrong price.

They do actually owe him that card. He bought it for the marked price whether incorrect or not.

It is not the customers fault that a company marks something wrong, they are legally obliged to sell it at that marked price. If they refuse to do so, you can take it to the Office of Fair Trading.

Regards,
Chris

nice one, thanks chris, i think i'm gonan give that a go :) :w00t:

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