I tried to find the deal with Fifa but the don't have it in store. But there is a deal with watch dog for £149. Great bargain !! Bought it at asda Doncaster should be national
Top comments
BuzzDuraband
29 Sep 1619#6
I think 'avoid' is a tad on the wrong side of exaggerating, don't you agree?
There are numerous Playstation owners still gaming on the consoles they purchased on day one (3 years ago). It's a £150 PS4 with a game, I find it pretty unbelievable that anybody would advise any deal seeker to avoid this bargain.
I agree the C chassis have been floating about and would be the better choice, but let's be honest about this, in the most part they have not been unobtainable by a lot of people. If you see this people, please don't avoid it if you're looking for a PlayStation 4.
dannyb182
29 Sep 1610#4
heat from me,dont listen to the gumpff about the chassis,youve got one heck of a console for 150 notes,if it only lasts a couple of years who cares,have a completely new console out by then anyway!!
neilanderton1 to dannyb182
29 Sep 168#5
Don't get on at me for giving out relevant info and making sure people get the best possible product for their quid. You might be fine with it possibly lasting a couple of years (but a couple of years is being generous with B chassis... it's a throw of the dice) but others certainly may not.
Lemmiwinks3 to neilanderton1
29 Sep 164#17
I personally wouldn't use compressed air on PS4 vents. It blows alot of dust back into the console. A vaccum cleaner is a better option.
All comments (86)
Darzen
29 Sep 16#1
Watchdogs 2 ?
BuzzDuraband to Darzen
29 Sep 163#2
It's not released until November.
neilanderton1
29 Sep 161#3
Air caution. This is the B chassis PS4, so it doesn't have the lower power consumption of C chassis, which means the fans spin up like crazy and the console gets hot when playing demanding games. What that means is higher chance of the system developing a fault in the long run... unless you're comfortable with taking the case off the PS4 and applying thermal paste, that is.
KyleGM to neilanderton1
29 Sep 16#18
Surprisingly easy to do, I've done it for at least twenty PS4's and makes them completely silent, especially when playing digital games as the disc drive is the noisiest part! Makes you wonder why Sony didn't use better quality paste in the first place...
VivaTibet to neilanderton1
30 Sep 16#32
Air caution?! Are you trying to say err on the side of caution? This is the funniest eggcorn I've seen on this site if so
dannyb182
29 Sep 1610#4
heat from me,dont listen to the gumpff about the chassis,youve got one heck of a console for 150 notes,if it only lasts a couple of years who cares,have a completely new console out by then anyway!!
neilanderton1 to dannyb182
29 Sep 168#5
Don't get on at me for giving out relevant info and making sure people get the best possible product for their quid. You might be fine with it possibly lasting a couple of years (but a couple of years is being generous with B chassis... it's a throw of the dice) but others certainly may not.
BuzzDuraband
29 Sep 1619#6
I think 'avoid' is a tad on the wrong side of exaggerating, don't you agree?
There are numerous Playstation owners still gaming on the consoles they purchased on day one (3 years ago). It's a £150 PS4 with a game, I find it pretty unbelievable that anybody would advise any deal seeker to avoid this bargain.
I agree the C chassis have been floating about and would be the better choice, but let's be honest about this, in the most part they have not been unobtainable by a lot of people. If you see this people, please don't avoid it if you're looking for a PlayStation 4.
BuzzDuraband
29 Sep 16#7
Oh, heat added OP. Thanks for sharing :smiley:
neilanderton1
29 Sep 161#8
True, avoid is an extreme stance but I'm just speaking from a point of durability. You're taking a much greater risk of the system failing buying prior to C chassis. My friend takes care of his systems (air compressor to get dust outta vents, etc) and yet twice a B chassis failed on him. Sony simply stuffed too much power hungry components, in too little negative space, with too cheap a fan, (and in some cases) with too little (or rubbishly spread) thermal paste. And it's a fairly well reported issue with that model... certainly enough to air caution as to whether to purchase it or not. That's why I said it is a throw of the dice. You may come up trumps, but you may get a system that doesn't have enough thermal paste (or in my nephew's case, with paste not evenly spread) that it in essence puts a strict tick down of life on your product. The notable reduction in TDP with the C chassis puts the system much further on the reliable side.
Lemmiwinks3 to neilanderton1
29 Sep 164#17
I personally wouldn't use compressed air on PS4 vents. It blows alot of dust back into the console. A vaccum cleaner is a better option.
DEALofaLifetime
29 Sep 162#9
I still have my launch day PS4 still up and running. I do game mainly on Xbox though. Good deal this.
auniyahaya
29 Sep 16#10
It's the first watch dog
auniyahaya
29 Sep 161#11
Thanks for the input neilanderton1. Well at the end it's up to you guys to decide either you want to buy it or not. It's a good bargain :smiley:
mackem1966 to auniyahaya
29 Sep 162#13
Thats right you can never have too much info, helps with making an informed choice
_Craig_
29 Sep 163#12
Still got my launch day PS4, Works like a charm, Its used almost every day and sits on my TV unit, Sure it can get a bit noisy at times but its not a real issue and cause to avoid. Heat added.
Still getting the pro tho :wink:
neilanderton1
29 Sep 161#14
Yeah, my intention wasn't to be a negative Nancy. Sorry. Just I am a stickler for good performance in a product, even if I got away with a cheap as chips deal for it. It is a good deal.
Philly89 to neilanderton1
29 Sep 162#26
To be fair, i personally had no idea what all the "Chasis" talk was, and didnt think to look into it, so thanks for pointing it out as i will keep it in mind when making future purchases.
jojow158
29 Sep 16#15
Sainsburys have the PS4's scanning for £150. My sis just picked me one up.
deggy31
29 Sep 162#16
I tell you what I already have a PS4 (day one, and still going strong) but I am so tempted just to buy another it's THAT GOOD A DEAL! #heat
Vistrix
29 Sep 16#19
How do people know that this is the old chassis version?
BuzzDuraband to Vistrix
29 Sep 162#20
Because it's the branded Watch Dogs release bundle.
neilanderton1 to Vistrix
29 Sep 16#22
Branded Watch Dogs bundle, which released many months before C chassis made it to market.
jojow158 to Vistrix
29 Sep 16#23
exactly the one i just got was picked up in store. It is the C chassis
neilanderton1
29 Sep 16#21
Yep, I did it for my nephew's PS4 (thermal paste what was there was sloppily applied, providing little use). But I have read some horror stories of people attempting it and it going awry.
jfclfc
29 Sep 161#24
anyone need to upgrade go get 1
DEALofaLifetime
29 Sep 161#25
Anyone need to upgrade put money towards a PS4.5 :smirk:
lassmans_blade
29 Sep 161#27
is this deal still going on, dont want to drive all the way to lincoln for it not to be true
ItsFrazer to lassmans_blade
30 Sep 16#30
Phone the store
talset
29 Sep 16#28
still using my launch console and still going strong. 2tb drive and runs nice, only game I have had the fans kick in on and be really audible is uncharted 4. not upgrading mine til it dies! :smile: heat added op good bargain!
thecoolguy
29 Sep 16#29
Agreed, My DaY 1 Console is running absolutely fine, no loud fan noises, no hardware issues, games play fine etc.
Obviously if you don't look after it, placing it in a closed cabinet or in enclosure with many other devices such as skyboxes etc, then you will most likely get noisy fans.
+
DJP1976
30 Sep 16#31
None in the Trafford Park store if that helps anyone to save a journey.
pfagan10
30 Sep 16#33
I appreciate the sentiment of this type of comment, but I've had my console since launch, racking up a decent number of hours and it's not skipped a beat. I wouldn't let the B-spec put you off buying the console if you can get it at this sort of price :smiley:
wzkdmc
30 Sep 162#34
The level of nerd is strong here.
cysmith16
30 Sep 16#35
Compressed air is exactly what you are supposed to use. Vacuums create a lot of charged particles when the dust hits the tubes and the static can damage the electronics.
Spies
30 Sep 16#36
This deal still on today?
kokoroko
30 Sep 16#37
I might have one ps4 500gb only for £150 for someone from Leeds I just duplicated order and have one from Game with fiffa 17 and now tv and this console on its own from Argos.
Anne86 to kokoroko
30 Sep 16#38
Are you saying you'll have one for sale?
JWoolley95 to kokoroko
30 Sep 16#39
I can pay now if you have one for sale, txt me 07883191951
auniyahaya
30 Sep 16#40
My girlfriend just bought the same deal and plan to give it to me as present I got two same PS4 watchdogs now. Anyone interested ? If not I'll just post it on gumtree Doncaster for the same price.
Shazzz
30 Sep 16#41
I'll be happy to take it off your hands but prob need to arrange postage.
darkbill
30 Sep 16#42
Hi, if I covered all the postage costs would you consider sending this to Scotland?
Thanks
JWoolley95
30 Sep 16#43
I can come to donny from sheff? if none of the above are interested etc
auniyahaya
30 Sep 16#44
Hi guys I prefer if I you can give me cash as it is safer for both parties and you can see the items.
auniyahaya
30 Sep 16#45
Hi JWolley. If you could come and pick it up that would be great.
JWoolley95
30 Sep 16#46
Hi mate, yes certainly, I finish work at 6:00 tonight, may be a tad too early? I can come tomorrow morning and collect? send me your details.
gaz_emma1
30 Sep 16#47
All disc based came install so they are the exact same as digital games except for the first few seconds to check your game is in the drive
KyleGM
30 Sep 16#48
On starting a game the drive does spin up for a couple of minutes until you start playing. But watching Blu-Rays etc the disc drive is in constant use.
Daves_mate
30 Sep 16#49
I've got a fat PS3 (80GB or was it 8GB cant remember?) if anyone wants a swap (ideally for PS4 Pro) it will be worth loadsa' money in the future. I'll even throw in all the games I never played. Don't have a clue on the chassis version but if you ask me to guess I'd say it's the rare chassis A - HIGH POWER version. You know it makes sense.
ttra888
30 Sep 161#50
I just got a cancellation email from GAME... so disappointed :disappointed: Checked my ASDA at Crossharbour in London and they sold out.
daniellej168
30 Sep 16#51
My order got cancelled from GAME...They took the money and told me it had been shipped...then today I get an email saying it's cancelled because they're no stock
I'm fuming!!!
auniyahaya
30 Sep 16#52
Well a lot of online stores are sold out. I was lucky I asked the person at the counter regarding the PS4 offer yesterday.
ppatto
30 Sep 16#53
If the b chassis is the first PS4 I have had mine since day one and not a problem ever ?? I Hoover the vents and have it now attached with an external fan but imo the xb1 gets a lot hotter in my experience !!
blueroo
1 Oct 161#54
I picked up the 1tb solo ps4 with separate fifa 17 for £179 in-store at asda gorseinon Swansea. They had one left which they didn't think was going to be collected as the box had some marks on it
seanmorris100
1 Oct 16#55
Static from a hoover kills consoles...
tawse57
1 Oct 16#56
I might take a drive down there. Was it out on display?
Edit:
When you say the box has marks - you mean the packing box and not the console itself?
tawse57
1 Oct 16#57
You need to suck real hard. Not blow. This is where people go wrong :wink:
mjunaid106
1 Oct 16#58
oos at Asda New Southgate
Cheap_as_Chimps
1 Oct 16#59
Was that the 500gb one? I managed to bag a 1tb from GAME yesterday. Fingers crossed it doesn't get cancelled.
I also checked Crossharbs on Thursday night but didn't see any then. Didn't bother asking an assistant though.
auniyahaya
1 Oct 16#60
You should have asked the assistance. Even mine wasn't display as deal on that day.
Moncymru
1 Oct 16#61
So I've currently got a bundle reserved at a local Asda. It's the destiny bundle (model cuh1116a) for £149. Should I bother picking it up?? Is that chassis b? Is it still a 'good enough' deal??!
MrFlux001
1 Oct 16#62
Wtf. You make it sound like that's inevitable. I've had my regular PS4 since launch with no issues whatsoever. Even if there was, exercise your rights under EU law for a replacement if it's out of warranty. Or buy from Amazon and they'll give you what you want regardless.
gavin1
1 Oct 16#63
If they have taken the money (i.e. not just reserved in on your card) then they created a contract, you may have a case to buy the same item elsewhere and get them to refund the difference.
The key point is by taking the money a contract is made.
Hi gavin, I paid GAME through Paypal, they took the money and now have returned the money. Everything is recorded through emails. I am just wondering if there is a case to claim here? What do you think the situation with GAME is and whether I should claim?
blueroo
1 Oct 16#65
Sorry for late reply. Yes just the outer cardboard. Looked like something had been stuck on it and then removed. Like a label.
tawse57
1 Oct 16#66
Thanks. The late reply is fine - probably saved me £179 :smiley:
mrsmaxi0409
1 Oct 161#67
My hubby has his PS4 from day one,and it gets some serious hammering(he's a destiny addict,and is on every single night and through the day at the weekend,never had a problem yet,fans can be a bit noisy when it's been on a while but nothing major.
frakison
1 Oct 161#68
Wrong, wrong, wrong, wrong WRONG!!!! How many more times do people on this forum need to be told FFS!!!! We've been through this right from the very start of e-tailing. The CONTRACT is usually formed ON DESPATCH, i.e., when they literally cannot do ANYTHING about it as its out the door. Until that point, NO contract is formed unless some e-tailer has been stupid enough not to protect itself. The reason? SITES LIKE THIS!!! There have been loads of examples where a genuine mistake has been made and its gets posted on here, e.g. Pixmania TV was reduced to £999 but they put £99, all sorts of "legal experts" spouted laws they knew nothing about and were "going to take them to the cleaners", guess how many people got a TV? (psssstttt..... none!!).
Even the link you provided supports this:
Shopping online
Your legal rights depend on something fairly tricky in the law: whether or not you have a ‘contract’.
Depending on the company’s terms and conditions, you’ll have legal rights (and a contract) either:
once you’ve paid for the item
once they’ve sent it to you
Check out that last line.
HOWEVER, there is a glimmer of hope in this case and the fact that you have said that you have a despatch email as their T&C states:
Acceptance of your order and the formation of a contract between you and Us will take place when we send you an email confirming that the products you have ordered are being dispatched to you, unless We have notified you that We do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancelling an Order).
Although We endeavour to give accurate stock availability information on the Site occasionally products you order may not be available. If this happens We will cancel your order, send you an email to confirm the cancellation and any sum debited by Us from your debit/credit card will be refunded in full to the same card.
You MAY have a case for contract formation, BUT the last part gives them the get out clause, they will just say that its not available, end of story.
frakison
1 Oct 16#69
See comment above. You MAY have a case for "loss of bargain" as you could argue that their error prevented you sourcing another while the offers were on. I say "may" as I'm no legal eagle, the question is, is it really worth the hassle and potential legal fees if you lose for £150??
daniellej168
1 Oct 16#70
I emailed the chief executive and they're saying that they can offer me a refurbished grade C ps4 for £149.99. But I think that's a pretty crappy deal considering what a grade c is and the fact I should have had a new one with FIFA 17.
Do you think I should carry on pushing and see if they'll eventually offer me a better deal?
donbarney
2 Oct 16#71
I couldn't believe the difference when i got all the dust out and changed the thermal paste. it was sounding like a jet before i changed it now i cant even hear it, gotta say its a bit of a pain in the **** changing the paste tho
Mattrob
2 Oct 161#72
I got 500gb playstation 4 and fifa 17 for £149.99 in asda this afternoon.
Error440
2 Oct 16#73
Compressed air is for cleaning electronics when the lid is off, a hoover is perfectly fine on low power if you dont touch the case with it, if you are going to be that **** I trust you grounded yourself and your screw driver before changing the paste
BarrattsMini
2 Oct 16#74
Anybody know if this offer is still available?
I live in Leeds but currently in Cheltenham. Check their Asda and smyths and Tesco and none have them. Don't seem to appear as £150 online either?!
gavin1
2 Oct 16#75
Nope. The contract is formed when the retailer accepts the order and "Consideration" is made by the buyer and accepted by the seller, ie payment for the item it made and taken, NOT dispatch. That’s why a lot of retailers don’t take payment until an item is dispatched precisely so the contract is only formed on dispatch. A lot of retailers only sent you “Confirmation of your order” emails not “Acceptance of your order” for that reason too.
The root of the problem is law has simply not caught up to how we buy things today. An electronic system can go awry, and accept orders, and create contracts the retail may be legally bound to honour.
Correct, for a genuine mistake like a decimal point error, you can’t force the retail to sell at the wrong price, but this isn’t relevant here, the item at the correct priced, the stock system just wasn’t keeping up with the payment side.
Again no, once a contract is formed then whoever breaks the contract may be subject to legal recourse, but as I said before, it all depends WHEN the contract was formed. Usually is when payment is offered and accepted, and that does mean the actual payment, not reserving amounts on a card, Game, as you pointed out, also say that the dispatch email is the confirmation of the contract.
At the end of the day its probably not worth chasing.
alvleeds111
2 Oct 16#76
It's this available anywhere?
gavin1
2 Oct 16#77
Yes but in store stock will be limited to non existent by now, mo0st store will only have a few in stock, so sold out quite fast.
frakison
2 Oct 16#78
Sorry but you are just plain wrong. You're getting internet and traditional retail confused and that's just stupid, hell, even the link you pointed to backs up what I've said!!!
If you don't believe me, google it, in a shop, the contract is formed when the payment takes place, THINK ABOUT IT, that's the point of no return, you now OWN the item. The same occurs for internet sales, its only when its gone out of the door that the point of no return applies, as long as their T&C are clear as to when the contract is formed, your insistence on "payment" is irrelevant.
As I said, this is a lift from their T&C: Unless we have notified you that We do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancelling an Order).
Although we endeavour to give accurate stock availability information on the site occasionally products you order may not be available. If this happens we will cancel your order, send you an email to confirm the cancellation and any sum debited by us from your debit/credit card will be refunded in full to the same card
Its pretty clear cut to me?!?!? They ran out of stock and per their T&C, they cancelled, is it THAT hard to understand!??!
I think that you are arguing against the system, that's fine, but please don't misinform others based on what you THINK should be right :wink:
gavin1
2 Oct 16#79
There is NO difference in internet or bricks and mortar sales. Contracts have three phases, Offer to treat, Acceptance and Consideration for the goods / service. Dispatch is not a part of the contract phase.
Once a contract is formed then if either party backs out there may be legal recourse. Just because they refunded the buyer it does NOT mean a contract was not formed, as I said it all depends exactly on the working of the emails. IN this case they confirmed dispatch, which by Games own terms means the contract was formed.
alvleeds111
2 Oct 16#80
Which store
frakison
2 Oct 16#81
Then please show me the evidence, as I have said MULTIPLE times, the link YOU pointed to, does not support your view.
If you're right, great, I actually WANT you to be right, I just know that everything I have read suggests that you're wrong. One thing I am confused with is your point re all contracts being the same. If that's now the case, I surely have the right to return ANYTHING to a store within 14 days for a full refund OR that right has been rescinded from distance contracts?!
gavin1
3 Oct 16#82
I didn't say all contracts are the same I said all contract law is the same. There is nothing in contract law that changes if an items is sold on line or in store.
That said contract law and distance selling are two different but related things. Distance selling laws add to your protection but only if you meet the terms of being a "distance sale".
Up to the year 2000 you had NO right to return anything, regardless of how it was bought. Sales are final.
In Store purchases are still like this, you have no legal right to return anything unless there is a fault in the item you were not aware of when you bought the goods. Companies may choose to offer a return period, but there is no legal requirement for them to do so.
The Distance Selling regulations in 2000 gave you specific extra rights namely 7 days to return an item bought in any distance means (such as internet), the intention was to give you the ability to examine it in person, as you would in a shop. Note that its NOT a trial period, only the right to examine as you would in a shop, you could not wear a piece of clothing, nor play a game for a week and have the rights to return it, but yes some people may choose to try and do so.
These changed to the Consumer Contract regulations in 2013 that extended that to 14 days and also clarified some of the terms around it (such as when the days start, are they calendar or working days and so on.)
Possibly one of the better links is to outlaw, http://www.out-law.com/page-394 They mentions both the £2.99 TV's and the fact that depending on the wording of email there may (or may not) be a contract formed by clicking the "buy" button on a website and payment being made.
Back to this case. Game's T&C say they consider the contract to be formed when the dispatch email is sent, It was so there is a contract.
No retailer will ever tell you you may have the rights to sue for loss of bargain in their T&C, why would they they'd rather you accepted their view of event and moved on, but no T&C can override UK law. In this case there may be legal recourse, however its probably not worth the cost to chase it.
frakison
3 Oct 16#83
I'm not sure what the c&p above was supposed to prove. I'm well aware of the regs re sales, it was a tongue in cheek sarcastic remark, but I guess you missed that :wink:.
However, like the last link you posted, it actually supports what I have said from the start, that contract is formed whenever the T&C of the company deems it so, NOT when they take the money as you stated and have since failed to evidence. You even posted a link to this:
Depending on the company’s terms and conditions, you’ll have legal rights (and a contract) either:
•once you’ve paid for the item
•once they’ve sent it to you
You’ll need to find the company’s terms and conditions to find out where you stand
As "proof" that the taking of payment creates the contract, which is clearly not the case?!?!?
As I pointed out, GAMES T&C do state when the contract is formed, they also however have the get out clause in their T&C which you would never get around as they CLEARLY state that stock errors may occur and this will result in cancellation. If you believed different, you would not be saying its not worth chasing up, its not worth chasing up simply because you have no case, they sold it, they realised that they were OOS, they cancelled, per their T&C they have acted within contract law.
I don't have a problem with you, I'm not looking for an argument, I'm simply saying that you shouldn't give advice when you're not 100% that what you're advising is correct. Someone may read what you put and end up out of pocket as a result, that's all I'm saying.
auniyahaya
3 Oct 16#84
The person who message me said wanted to buy the one that my girlfriend bought for me has not respond to my message. I presume he is not interested anymore. I'm willing to let it go next person if they are interested. Preferred cash on collection for someone who live in Doncaster. I'll be in Sheffield today. I would deliver to Sheffield with extra cost for fuel. It's PS4 watchdogs version. Brand new. Thanks
frakison to auniyahaya
4 Oct 16#86
I guess it depends on your tenacity and view on risk, I certainly wouldn't try it :smiley:
gavin1
4 Oct 16#85
All along I said the poster MAY have a case not that they did. We also both said that as Game say the dispatch email should be classed as a contract formation then the poster also has a case.
The reason I said its not worth chasing is at the end of the day the "loss" is £150. If you want an absolute decision it needs to go to a court, and preferably not a small claims court as they don't set precedents. While if the poster went via the SCC the costs would be small, and refundable it the court takes their side, there are other costs in terms of time, we typically do not think of a cost to our free time, I would wonder it it was its worth the effort for £150.
Opening post
Top comments
There are numerous Playstation owners still gaming on the consoles they purchased on day one (3 years ago). It's a £150 PS4 with a game, I find it pretty unbelievable that anybody would advise any deal seeker to avoid this bargain.
I agree the C chassis have been floating about and would be the better choice, but let's be honest about this, in the most part they have not been unobtainable by a lot of people. If you see this people, please don't avoid it if you're looking for a PlayStation 4.
All comments (86)
There are numerous Playstation owners still gaming on the consoles they purchased on day one (3 years ago). It's a £150 PS4 with a game, I find it pretty unbelievable that anybody would advise any deal seeker to avoid this bargain.
I agree the C chassis have been floating about and would be the better choice, but let's be honest about this, in the most part they have not been unobtainable by a lot of people. If you see this people, please don't avoid it if you're looking for a PlayStation 4.
Still getting the pro tho :wink:
Obviously if you don't look after it, placing it in a closed cabinet or in enclosure with many other devices such as skyboxes etc, then you will most likely get noisy fans.
+
Thanks
I'm fuming!!!
Edit:
When you say the box has marks - you mean the packing box and not the console itself?
I also checked Crossharbs on Thursday night but didn't see any then. Didn't bother asking an assistant though.
The key point is by taking the money a contract is made.
https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-something-is-advertised-at-the-wrong-price/ (under the If You have a contract part)
Even the link you provided supports this:
Shopping online
Your legal rights depend on something fairly tricky in the law: whether or not you have a ‘contract’.
Depending on the company’s terms and conditions, you’ll have legal rights (and a contract) either:
once you’ve paid for the item
once they’ve sent it to you
Check out that last line.
HOWEVER, there is a glimmer of hope in this case and the fact that you have said that you have a despatch email as their T&C states:
Acceptance of your order and the formation of a contract between you and Us will take place when we send you an email confirming that the products you have ordered are being dispatched to you, unless We have notified you that We do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancelling an Order).
Although We endeavour to give accurate stock availability information on the Site occasionally products you order may not be available. If this happens We will cancel your order, send you an email to confirm the cancellation and any sum debited by Us from your debit/credit card will be refunded in full to the same card.
You MAY have a case for contract formation, BUT the last part gives them the get out clause, they will just say that its not available, end of story.
I emailed the chief executive and they're saying that they can offer me a refurbished grade C ps4 for £149.99. But I think that's a pretty crappy deal considering what a grade c is and the fact I should have had a new one with FIFA 17.
Do you think I should carry on pushing and see if they'll eventually offer me a better deal?
I live in Leeds but currently in Cheltenham. Check their Asda and smyths and Tesco and none have them. Don't seem to appear as £150 online either?!
The root of the problem is law has simply not caught up to how we buy things today. An electronic system can go awry, and accept orders, and create contracts the retail may be legally bound to honour.
Correct, for a genuine mistake like a decimal point error, you can’t force the retail to sell at the wrong price, but this isn’t relevant here, the item at the correct priced, the stock system just wasn’t keeping up with the payment side.
Again no, once a contract is formed then whoever breaks the contract may be subject to legal recourse, but as I said before, it all depends WHEN the contract was formed. Usually is when payment is offered and accepted, and that does mean the actual payment, not reserving amounts on a card, Game, as you pointed out, also say that the dispatch email is the confirmation of the contract.
At the end of the day its probably not worth chasing.
If you don't believe me, google it, in a shop, the contract is formed when the payment takes place, THINK ABOUT IT, that's the point of no return, you now OWN the item. The same occurs for internet sales, its only when its gone out of the door that the point of no return applies, as long as their T&C are clear as to when the contract is formed, your insistence on "payment" is irrelevant.
As I said, this is a lift from their T&C:
Unless we have notified you that We do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancelling an Order).
Although we endeavour to give accurate stock availability information on the site occasionally products you order may not be available. If this happens we will cancel your order, send you an email to confirm the cancellation and any sum debited by us from your debit/credit card will be refunded in full to the same card
Its pretty clear cut to me?!?!? They ran out of stock and per their T&C, they cancelled, is it THAT hard to understand!??!
I think that you are arguing against the system, that's fine, but please don't misinform others based on what you THINK should be right :wink:
Once a contract is formed then if either party backs out there may be legal recourse. Just because they refunded the buyer it does NOT mean a contract was not formed, as I said it all depends exactly on the working of the emails. IN this case they confirmed dispatch, which by Games own terms means the contract was formed.
If you're right, great, I actually WANT you to be right, I just know that everything I have read suggests that you're wrong. One thing I am confused with is your point re all contracts being the same. If that's now the case, I surely have the right to return ANYTHING to a store within 14 days for a full refund OR that right has been rescinded from distance contracts?!
That said contract law and distance selling are two different but related things. Distance selling laws add to your protection but only if you meet the terms of being a "distance sale".
Up to the year 2000 you had NO right to return anything, regardless of how it was bought. Sales are final.
In Store purchases are still like this, you have no legal right to return anything unless there is a fault in the item you were not aware of when you bought the goods. Companies may choose to offer a return period, but there is no legal requirement for them to do so.
The Distance Selling regulations in 2000 gave you specific extra rights namely 7 days to return an item bought in any distance means (such as internet), the intention was to give you the ability to examine it in person, as you would in a shop. Note that its NOT a trial period, only the right to examine as you would in a shop, you could not wear a piece of clothing, nor play a game for a week and have the rights to return it, but yes some people may choose to try and do so.
These changed to the Consumer Contract regulations in 2013 that extended that to 14 days and also clarified some of the terms around it (such as when the days start, are they calendar or working days and so on.)
Possibly one of the better links is to outlaw, http://www.out-law.com/page-394 They mentions both the £2.99 TV's and the fact that depending on the wording of email there may (or may not) be a contract formed by clicking the "buy" button on a website and payment being made.
Back to this case. Game's T&C say they consider the contract to be formed when the dispatch email is sent, It was so there is a contract.
No retailer will ever tell you you may have the rights to sue for loss of bargain in their T&C, why would they they'd rather you accepted their view of event and moved on, but no T&C can override UK law. In this case there may be legal recourse, however its probably not worth the cost to chase it.
However, like the last link you posted, it actually supports what I have said from the start, that contract is formed whenever the T&C of the company deems it so, NOT when they take the money as you stated and have since failed to evidence. You even posted a link to this:
Depending on the company’s terms and conditions, you’ll have legal rights (and a contract) either:
•once you’ve paid for the item
•once they’ve sent it to you
You’ll need to find the company’s terms and conditions to find out where you stand
As "proof" that the taking of payment creates the contract, which is clearly not the case?!?!?
As I pointed out, GAMES T&C do state when the contract is formed, they also however have the get out clause in their T&C which you would never get around as they CLEARLY state that stock errors may occur and this will result in cancellation. If you believed different, you would not be saying its not worth chasing up, its not worth chasing up simply because you have no case, they sold it, they realised that they were OOS, they cancelled, per their T&C they have acted within contract law.
I don't have a problem with you, I'm not looking for an argument, I'm simply saying that you shouldn't give advice when you're not 100% that what you're advising is correct. Someone may read what you put and end up out of pocket as a result, that's all I'm saying.
The reason I said its not worth chasing is at the end of the day the "loss" is £150. If you want an absolute decision it needs to go to a court, and preferably not a small claims court as they don't set precedents. While if the poster went via the SCC the costs would be small, and refundable it the court takes their side, there are other costs in terms of time, we typically do not think of a cost to our free time, I would wonder it it was its worth the effort for £150.