Associate
No worries, you don't get the importance of a contract. Leave it there.
Microsoft Surface RT Priced
- Thread starter Fillado
- Start date
Caporegime
Your example was horrendous and not the same thing.
For the 26th thing, they've obviously just made a mistake with the E-mails, what'd you want them to do? It may not be physically possible to abide by the contract (That likely was made in error)
For the 26th thing, they've obviously just made a mistake with the E-mails, what'd you want them to do? It may not be physically possible to abide by the contract (That likely was made in error)
Associate
The example isn't horrendous, if you understand the point I'm trying to make, in that if a promise is made to you in a contract and it isn't fulfilled as agreed then are you happy? Next day delivery is an example of that.
If a mistake has been made or they're not able to abide by the contract then either they can pay compensation or the contract can be made void. The former is what they've done. They could have managed it all better by communicating the problems earlier.
Caporegime
The contract was made incorrectly though (Stated the wrong dates), they've rectified that with the voucher though?
So, I still don't get the problem, my point originally was there was and is no delay.
But to your question, I wouldn't be happy to pay next day and wait for upto 28 days.
Then again, if I'd ordered a Surface, after having a conflicting E-mail from the date given on the Surface site, have questioned them, like I did my Nexus 7 and Argos when they had a template which states X date (Just a generic E-mail) but they didn't have stock till the later Y date, thus my delivery was Z, but I always knew it was Z, because it stated as such on the description, much like the Surface page.
So, I still don't get the problem, my point originally was there was and is no delay.
But to your question, I wouldn't be happy to pay next day and wait for upto 28 days.
Then again, if I'd ordered a Surface, after having a conflicting E-mail from the date given on the Surface site, have questioned them, like I did my Nexus 7 and Argos when they had a template which states X date (Just a generic E-mail) but they didn't have stock till the later Y date, thus my delivery was Z, but I always knew it was Z, because it stated as such on the description, much like the Surface page.
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Associate
I'm not even going to try explaining it to you again.
Caporegime
But you've said they can give compensation, they have?
I really don't get what you're getting at.
They made a contract in mistake, they've given you a voucher as compo.
Associate
If you believe that "there was and is no delay" then you don't accept or understand that the contract entered into has any more bearing or weight legally over the marketing page. Basically if they were legally committed to any date it was the one in the receipt.
I can fully see how the mistake has been made as well, see earlier post. It's just you seem to be belittling the importance of the actual contract.
I'm happy with the compensation, as I wouldn't have been home to use it til next week anyway
Caporegime
I believe there was and is no delay as it has always said delivery by the 30th on that site, the fact E-mails were sent out saying otherwise doesn't change what the site says and what's happening, which coincide with each other.
I'm belittling a contract made in error.
The error doesn't suddenly bring forward the planned date, so how on Earth is it a delay?
Not that I agree with them not having it here today, but that doesn't change what's been on site since they went up for pre-order.
Did you not ask them when you pre-ordered about the conflicting delivery by the 30th and shipping by the 26th?
You're just getting too hung up on a "contract" that was made in error.
I'm belittling a contract made in error.
The error doesn't suddenly bring forward the planned date, so how on Earth is it a delay?
Not that I agree with them not having it here today, but that doesn't change what's been on site since they went up for pre-order.
Did you not ask them when you pre-ordered about the conflicting delivery by the 30th and shipping by the 26th?
You're just getting too hung up on a "contract" that was made in error.
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Associate
ROFL
I'm absolutely not, I'm trying to explain to you the difference and the importance of a contract that both parties have entered into and promises made on both sides. The vendor has promised to supply a product on a certain date, I've promised to hand over a wad of cash.
That agreement doesn't exist by simply viewing the dates given on the marketing page which is what you're basing your whole argument on. Those dates may prove to be correct, but the promise in the contract overrides that.
If you don't understand that and then why people feel their expectations haven't been met then we just have a different understanding of the law and what can be reasonably expected when handing over cash for something.
As I say I'm not particularly bothered and half expected it.
Caporegime
Okay, all that aside (I really just think you're clinging onto something made in error)
Are you the type of person that will try to make an E-tailer honour an item that was incorrectly priced? Say a GTX680 was 39.99 instead of 399.99, would you go tooth and nail about contracts?
Did you question them about the inconsistency when you pre-ordered?
Are you the type of person that will try to make an E-tailer honour an item that was incorrectly priced? Say a GTX680 was 39.99 instead of 399.99, would you go tooth and nail about contracts?
Did you question them about the inconsistency when you pre-ordered?
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Associate
It doesn't really matter what sort of person I am. I've repeatedly said I'm not bothered in this instance. But I do know enough about my rights and contracts to know what should be expected, and I've tried to explain is how this overrides the information you have seen which you can't accept.
You can't see that distinction and I will leave the discussion on it. It really needs to be taken elsewhere as we've disrupted this thread far too much already.
Soldato
- Joined
- 2 Nov 2007
- Posts
- 4,184
Actually, I don't think you do know enough. There may be a breach of contract here, it depends upon the terms of the agreement you entered into. You may well find that unless you have been charged and/or the item dispatched then there is no contract. However, what damages do you think you're actually entitled to?
Associate
I'm pretty sure you haven't been charged so you'd be pushed to call it a breach of contract, they're still within their rights to just cancel your order and not send you anything since nothing has been exchanged at all. I think it's very generous that they've given £50 for pretty much nothing.
Associate
Its been charged. I wasn't expecting any compensation, and £50 is generous. My only criticism is that they could have managed expectations better with more timely comms.
Associate
What method did you use? They have not charged me yet.
Associate
Amex what about you?
Associate
Visa, just bought a power adapter and the vga link with the free voucher 
Associate
Nice I can't decide, won't rush as it's valid for a year.
I can't decide, won't rush as it's valid for a year.