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View Full Version : HMV Mess up! Gold membership for £2.99


iNSANiTY
10-24-2010, 08:01 PM
http://hmv.com/hmvweb/displayProductDetails.do?ctx=280;0;-1;-1;-1&sku=58740

The Lager Lout
10-24-2010, 08:06 PM
Yass nice find

cheers for sharing buddy
just ordered mine :woop:

iNSANiTY
10-24-2010, 08:09 PM
Just ordered mine :)

deadpool316
10-24-2010, 08:09 PM
cheers dude will let you know when its turns up

Wortsenawl
10-24-2010, 08:10 PM
how many did you order?

The Lager Lout
10-24-2010, 08:10 PM
fingers crossed we get it for that price got a feeling
there will be loads a orders and will get noticed

iNSANiTY
10-24-2010, 08:11 PM
I just ordered one, myself.

deadie
10-24-2010, 08:12 PM
I think its a deposit tbh.

Wortsenawl
10-24-2010, 08:13 PM
Why do you think it is a deposit? It doesn't say anything about only being a deposit.

wildlatics09
10-24-2010, 08:14 PM
is this the real thing?!?!

iNSANiTY
10-24-2010, 08:14 PM
What lol? I've never heard of a deposit online? What are you on about? It says nothing about a deposit and if it is, then it's false advertising.

The Lager Lout
10-24-2010, 08:14 PM
its not a deposit

cause would say so

wildlatics09
10-24-2010, 08:15 PM
What lol? I've never heard of a deposit online? What are you on about? It says nothing about a deposit and if it is, then it's false advertising.

it says preorder for friday

i NatrlKilla i
10-24-2010, 08:16 PM
The thing that sucks is I cant take advantage of this. I don't get any money until Thursday, and it'll likely be corrected by then.

wildlatics09
10-24-2010, 08:17 PM
unlucky mate - and i REALLY mean unlucky

Wortsenawl
10-24-2010, 08:18 PM
Yeah, it does... but it doesn't say pay 2.99 now and xxx amount later! Looking at the HMV points you get for this order, it seems to indicate that the price should be 29.99 (299 points). I would therefore think it is purely a mistakenly dropped a 9.

Teh BeZ
10-24-2010, 08:18 PM
Wow its a pretty big mistake - I have ordered 1 :)

wildlatics09
10-24-2010, 08:19 PM
hey what happens if they sort the prices out - will we still be charged £3?

deadpool316
10-24-2010, 08:20 PM
Its will be a typo and HMV will have to honour it or give you a full refund either way we ant lossing anything

duff28
10-24-2010, 08:20 PM
can they change the price and make you pay full price for it when it is released?

Wortsenawl
10-24-2010, 08:20 PM
can they change the price and make you pay full price for it when it is released?

I would keep an eye on it and if they change the prices then query it. They have every right to reject the orders, but you may find they honour them out of goodwill. Either way, they cannot send them and charge you a higher price than 2.99 without you agreeing to it.

i NatrlKilla i
10-24-2010, 08:21 PM
No. I read Tesco did something similar a while back, and they cancelled everyone's orders, and gave them £2 vouchers. I cant remember what item it was on though.

wildlatics09
10-24-2010, 08:22 PM
good although tbh i would pay £30 cos ms upping price anyways

but i would much rather pay £3! :D

The Lager Lout
10-24-2010, 08:22 PM
this happened with left for dead 2 in tesco online
on release day it was £14.99

so i ordered 1 and they took the money out my bank account
but they noticed and sent email saying there was a mistake and could release product at that price

but it took 4 days for them to get money bank in my account

so fingers crossed they dont notice

wildlatics09
10-24-2010, 08:23 PM
lets take it to court! :p

duff28
10-24-2010, 08:28 PM
I ordered one anyway, nice one good find bro

Wortsenawl
10-24-2010, 08:46 PM
this happened with left for dead 2 in tesco online
on release day it was £14.99

so i ordered 1 and they took the money out my bank account
but they noticed and sent email saying there was a mistake and could release product at that price

but it took 4 days for them to get money bank in my account

so fingers crossed they dont notice

You know, technically if they take the money they have accepted your order and have no right (legally) to then change their mind. But like all companies, unless you know your rights they will always try it on.

Zanmato88
10-24-2010, 08:50 PM
Ordered *fingers crossed*

TakahashiDemon
10-24-2010, 09:05 PM
Before its released someone will probably spot the mistake and take the price up lol I would order it, but I would be expecting something like this to happen lol

i NatrlKilla i
10-24-2010, 09:18 PM
Before its released someone will probably spot the mistake and take the price up lol I would order it, but I would be expecting something like this to happen lol
There's no harm in trying it. If someone notices the mistake, and puts the price up after you have ordered, they cant take the extra money. They'll either refund it, or have to honour the order.

Monopoly Man 93
10-24-2010, 09:18 PM
Would anyone be willing to snag me a code? I live in the USA and I don't think I can get it. Thanks!:)

speedysamt3r
10-24-2010, 09:39 PM
wow what a mess up lol :D

Tom115
10-24-2010, 09:51 PM
I ordered a couple, guessing I aint gonna get em though lol...

Djeskimo2008
10-24-2010, 09:53 PM
Woohoo, well spotted mate. Just ordered myself one of these. I used to work in HMV and knowing the company, they honour this sort of thing. I got PES5 for the PS2 for about 17.99 cos I pre-ordered it in store about 8 months before it came out and they put any price on it, they still allowed it to be sold even though it was 34.99 when released so fingers crossed they let this one go as well.

The Walrus
10-24-2010, 11:00 PM
Just ordered one for me and a friend, If they charge me £35 each I can just get a refund right?

Fracture
10-24-2010, 11:05 PM
Just ordered 2. If they whack a £35 on each and then take it out my bank, i will take this to court.

bigbobbyfrog
10-24-2010, 11:15 PM
With these memberships, can you keep one and use it once the first has expired? I'm thinking of ordering two and keeping one for a year.

Thanks for the heads-up, hopefully it'll work out without a price increase or refund.

Fracture
10-24-2010, 11:26 PM
Guys once you have ordered, take a screenshot of your purchase and total etc. Then they can not deny shit :)

Benj192
10-24-2010, 11:44 PM
Guys once you have ordered, take a screenshot of your purchase and total etc. Then they can not deny shit :)

No need, they email you a receipt.
When I was ordering I noticed it said that if they change the price of an item you've pre-ordered, they'll charge you the lower price. Though is anyone else randomly getting a 10% discount on the website?

Fracture
10-24-2010, 11:46 PM
i go no recipt :(

MrStabby1981
10-25-2010, 12:38 AM
Wow man thank you
I just cant belive how somthing can be Epic fail and win at the same time.

Idea nice cheap xmass prezzies lol

TacticalTodger
10-25-2010, 03:27 AM
DOLE? Cool beans I got mine last thursday, I ordered 10. :L

iiDaRReN316x
10-25-2010, 09:47 AM
Too bad no credit card

Blindmans wrath
10-25-2010, 10:12 AM
looks like they raised to price..... boo

Wortsenawl
10-25-2010, 11:10 AM
DOLE? Cool beans I got mine last thursday, I ordered 10. :L

I have no idea what you mean?

iNSANiTY
10-25-2010, 11:37 AM
I have no idea what you mean?

He means he's on the dole, which is benefits. He gets money from the government to support his family, but instead he bought 10 of these.

Price has gone to what it should be anyway now.

Wortsenawl
10-25-2010, 12:20 PM
Riiiight. What are the beans for?

iNSANiTY
10-25-2010, 12:22 PM
Oh, I have no idea on that haha.

the_b1ues
10-25-2010, 12:24 PM
i ordered 6 of these sell a couple or if not im set for live for gold member ship

sm182
10-25-2010, 12:28 PM
Last year I got a bunch of 2100pts cards from HMV online for only £6.99 each so they have honoured these mis-prices in the past but with that said £2.99 is a really BIG mis-price...

wildlatics09
10-25-2010, 12:28 PM
so its now £36 - will we still get it for £3?

Wortsenawl
10-25-2010, 12:31 PM
As per all the responses on this thread, you'll have to wait and see what HMV do about their mistake.

Skillz4Killz
10-25-2010, 12:46 PM
Sweet go get it now.

iNSANiTY
10-25-2010, 12:49 PM
If you buy it now, you'll get charged £36 I presume..

merzitar
10-25-2010, 12:56 PM
Yes, it will charge you £36. I pre-ordered mine last night when I noticed it, and it's still saying that mine is on order for £2.99 - BEST.TYPO.EVER!

SSJ3
10-25-2010, 01:41 PM
Damn I missed it! :(

chalky15
10-25-2010, 01:43 PM
I ordered 10 lol mines still standing at the moment, got printscreens and receipt just incase they try charge full price. Gone back up to full price now. Fingers crossed

TacticalTodger
10-25-2010, 03:13 PM
Oh my bad, somebody said he didnt get money till thursday so I assumed he was on the dole. And it's for Job seekers. I figured i'd keep 2-3 sell the rest for £25 PROFIT

i NatrlKilla i
10-25-2010, 04:11 PM
Oh my bad, somebody said he didnt get money till thursday so I assumed he was on the dole. And it's for Job seekers. I figured i'd keep 2-3 sell the rest for £25 PROFIT
You were right. :) 19 and on the Prince's Trust, so too old for EMA, and cant get ALG for doing the course.

Lord Montymort
10-25-2010, 05:18 PM
I ordered three at the £2.99 price last night, I was wanting to pick up a few XBL Gold memberships before Microsoft increase the price anyway, especially when America, as usual, look to be the only ones getting anything extra for the increased price.

stucazedmacca
10-25-2010, 05:31 PM
Hi

We are writing to you in relation to your order for the following item:

Cat.No: 52M-00124
Artist: XBOX 360 ACCESSORY
Title : 12 MONTH LIVE GOLD COD: BLACK OPS BRANDED MEMBERSHIP WITH FREE T-SHIRT

We are very sorry, but it has come to our attention that this item recently appeared on our web site at the incorrect price of £2.99, instead of the more typical price of £35.16. We trust that you will therefore understand that we are not in a position to process your order at this incorrect price.

We very much regret any disappointment or inconvenience this may cause. No doubt you will be wondering what your rights may be in this matter, but, as we trust our terms and conditions governing our online sales make clear, any contract with a customer placing an order is only entered into at the point when payment for the goods or services is actually received. As you may be aware, hmv has not yet taken payment from you for the goods listed above nor, indeed, taken the final step of confirming the shipment of your order to you by email (please see point b. in the section entitled 'The Contract Between US' on the first page of our Terms and Conditions). So we trust you will therefore appreciate that there is not a legal requirement to make this item available at the incorrect price.

Once again, we really are very sorry about having to take this course of action resulting from what is a genuine error on our part, and whilst we do, of course, very much value you as a customer we hope that you will also understand our position and that you will be kind enough to accept our most sincere apologies.

We appreciate that you may no longer wish to proceed with the order at the corrected retail price of £35.16, but if you do, then please place an order through hmv (http://email.hmv.com/a/hBMxboYAQe8r2B8VXAhNsf5pkM8/hmv714).com (http://email.hmv.com/a/hBMxboYAQe8r2B8VXAhNsf5pkM8/hmv713).



Busted.....

Wortsenawl
10-25-2010, 05:32 PM
That's kinda what i expected. Oh well, it was worth the 2 minutes it took to place the order.

wildlatics09
10-25-2010, 05:52 PM
so we dont get ANYTHING out of it - not even a 30% discount???

Fracture
10-25-2010, 06:34 PM
Well i have the recipt, and if you have one of them. YOU HAVE purchased that item. And you are entitled to the product your ordered. I am looking into this now and going to see what i can do in terms of threatening court.

They advertised it for 2.99. I expect my order to be delivered for 2 fucking 99. Another floor for them here. False advertising.

merzitar
10-25-2010, 06:42 PM
I just recieved this, too. Anyone who gets that email, reply and complain to them. Hopefully if enough of us complain, they'll do something about it. It's not our fault they have idiots working for them.

chalky15
10-25-2010, 06:45 PM
Ive had no email as yet and my order is still there, i have print screens saying i have purchased the items and will be dispatched shortly, so if i do get an email soon i will email them back getting very arsy!

Wehttam
10-25-2010, 06:51 PM
Yeah this sucks, oh well. Have they basically cancelled our orders then? On myaccount on hmv it still says open order with the lower price.

chalky15
10-25-2010, 06:52 PM
Yea mines the same mate. I expect we will have ours cancelled soon though :( we just all need to reply to emails getting pissy with them saying we've purchased these items and want to recieve them.

stucazedmacca
10-25-2010, 06:57 PM
As you may be aware, hmv has not yet taken payment from you for the goods listed above nor, indeed, taken the final step of confirming the shipment of your order to you by email (please see point b. in the section entitled 'The Contract Between US' on the first page of our Terms and Conditions). So we trust you will therefore appreciate that there is not a legal requirement to make this item available at the incorrect price.


Thats the loophole they use to cancel the sale.

But in my accnt page on hmv it does not say its been cancelled tho, will wait and see as it say they are waiting on supplys comming.

merzitar
10-25-2010, 07:00 PM
The thing is, I know for a fact that they're wrong. This is not a normal order which hasn't been shipped yet, but a pre-order. Their website states that when you pre-order something, they will only charge you for the lowest price, so if you order it at £30, and it goes down to £20, and then goes back to £32, they will only charge you £20, or in this case, £2.99.

Jcfc
10-25-2010, 07:32 PM
Well i have the recipt, and if you have one of them. YOU HAVE purchased that item. And you are entitled to the product your ordered. I am looking into this now and going to see what i can do in terms of threatening court.

They advertised it for 2.99. I expect my order to be delivered for 2 fucking 99. Another floor for them here. False advertising.
You are wrong on so many levels. Good luck suing HMV, y'know, one of the biggest companies around. You're acting as though they're in the wrong; they made a mistake, get over yourself.

Fracture
10-25-2010, 07:51 PM
You are wrong on so many levels. Good luck suing HMV, y'know, one of the biggest companies around. You're acting as though they're in the wrong; they made a mistake, get over yourself.

They ARE in the wrong. IT IS FALSE ADVERTISING. No company, no matter how big will risk customers and a reputation. Maybe watchdog could do something :) I put a Pre-Order on an item and i expect that item for the price it was advertised. Something simular happened when i ordered at TESCO, but not as drastic. And guess who got the item for the first advertised price...? After threatening court etc.

So dont go telling me i am wrong because this has happened before.

Teh BeZ
10-25-2010, 07:53 PM
Busted LOL =) owell it was worth a try guys ;)

TakahashiDemon
10-25-2010, 07:56 PM
If they haven't took the money out of your accounts then whats wrong? Just cancel the order and order off ebay.. they have reasonably priced Gold memberships, which they either send code or send you the card.

ShirleyPeanut
10-25-2010, 07:58 PM
Wow you are all douchebags, Just because some guy incorrectly put the price up on the website, It's not false advertiding, it's a mistake, you know it and they know it, don't start yammering on about your 'rights' or 'false advertising'.

the_b1ues
10-25-2010, 07:59 PM
i havnt got any email yet so fingers crossed i still get it

duff28
10-25-2010, 08:05 PM
Had that aswell, keep updating on the situation if anything happens, gutted but worth a try

chalky15
10-25-2010, 08:07 PM
Check your junk mail, mines been cancelled but i dont see how they can cancel it because its not an item for general sale atm? Its pre order where it states it will be sold at the lowest price when you pre ordered which was £2.99!!!!

MrStabby1981
10-25-2010, 08:08 PM
It is false advertising my boss told me when i worked for a retailer to make sure i got the prices right otherwise he had to sell it at that price.

And a few years ago i saw worms collection in game for £4.99 when i got to the till it came up at £15 guess what price i got it for.

Other wise i could have a shop full of 50 inch plasma tvs priced stupidly and keep the oh sorry thats a mistake excuse going

Tom115
10-25-2010, 08:08 PM
Sent them an arsey email ;). I doubt it'll get me anywhere but worth a try I suppose.

Spiked12
10-25-2010, 08:10 PM
You're not going to get the item guys, simple as. They have reinforced their terms and conditions, and they know what their T&C stand for. Court will not help, as the T&C were there prior to your order, not after.

merzitar
10-25-2010, 09:06 PM
BUT, it's a Pre-order. Their website states that when pre-ordering a product, they only charge you the lowest price, so if I pre-ordered it at £2.99, they have to give me it at £2.99.

Corrupt.
10-25-2010, 09:37 PM
Any price offered is technically just a request for an offer and a company does not have to accept that offer. This is the loophole companies use for this sort of thing. False advertising does not refer to a price but to a product. For example if they advertise gold membership but you only receive a month etc...

You aren't getting it for this price, deal with it...

sak7395
10-25-2010, 10:34 PM
they sent me the email : ( , I sent the an email back saying:
You dont deserve a dear, You deserve an Oi You

How dare you cancel my order, who is the one that set the price to the item, YOU yes You
therefore you should honour it. Next time, sorry exclude the next as there won't be one anymore.

I don't think it will get somewere but it was a nice feeling thinking I would get 12 months xbox live membership for the price of 3 chicken mayos.

TacticalTodger
10-26-2010, 02:41 AM
No if they change the price AFTER, you have ordered it has to be sold at that price. Dell did it a few years ago they put the price of 19" screens for £17.99 they followed through with the sells as it's their mistake. The customer is always right and if enough of us were to reply and kick off about it they would have to give over.

Sk3tchD
10-26-2010, 02:57 PM
cancelled my order to, b******* last time i shop there

[Waggly Bean]
10-26-2010, 05:57 PM
they sent me the email : ( , I sent the an email back saying:
You dont deserve a dear, You deserve an Oi You

How dare you cancel my order, who is the one that set the price to the item, YOU yes You
therefore you should honour it. Next time, sorry exclude the next as there won't be one anymore.
A) I don't think anyone will read your email back - it's probably a no-reply email address being as they are sending auto-generated emails from it.
B) If anyone does read it, they probably won't understand it as the English in it is terrible!

cancelled my order to, b******* last time i shop there
Yeah, last time you shop there until another good deal comes along. :rolleyes:

Seriously, I don't understand why anybody can be pissed off at this. It was obvious that it was likely to be cancelled. I'll admit I still gave it a go, but I wasn't in the slightest bit surprised that it got cancelled, and it certainly didn't make me angry.

Virgin
10-26-2010, 07:07 PM
Haha, unlucky.

Nerdz0r
10-26-2010, 11:20 PM
Why don't you all just drop it now?

I'm sure you've all made a mistake before and wished that it would just go away. It was obviously too good to be true, and maybe if you hadn't of been selfish and ordered more than one copy each, they wouldn't of found out. It's your own faults.

sak7395
10-26-2010, 11:57 PM
[QUOTE='[Waggly Bean];3664177']A) I don't think anyone will read your email back - it's probably a no-reply email address being as they are sending auto-generated emails from it.
B) If anyone does read it, they probably won't understand it as the English in it is terrible!


ok mr smart ass what did you get in your english gcse, plus your from birmingham so your english has got to be bad anyway.

Corrupt.
10-27-2010, 12:29 AM
[QUOTE='[Waggly Bean];3664177']A) I don't think anyone will read your email back - it's probably a no-reply email address being as they are sending auto-generated emails from it.
B) If anyone does read it, they probably won't understand it as the English in it is terrible!


ok mr smart ass what did you get in your english gcse, plus your from birmingham so your english has got to be bad anyway.

Why do people from Birmingham (with a capital letter) have bad english? I hail from there and there is nothing wrong with mine. I guess you are from London (spelled Landen)? Go away....

OT - Just drop it, no use crying over spilled milk...

TakahashiDemon
10-27-2010, 12:50 AM
People are still complaining over this? O_o
It was obviously gonna happen people, any of you who ordered should have at least thought about one of their employees spotting the mistake and fixing it.. like seriously you can't expect them to sell it for like 5% of the price (that may be wrong but 2.99 is like a steal for 12 months), I've also been in stores where I go to buy something that I though was cheaper, but then I go to the till, and they're like sorry this has actually been tagged wrong.. so I dont get by what any of you mean by that they should give you it for the price it says.

ChArG1nMaLAZ0R
10-27-2010, 08:34 AM
you can technically fight this and use the law to make sure they give you the price they advertised it at because you are in your right to as a consumer.

but at the same time is it worth all the hassle for a couple of quid

at the guy above. companies will and do try to worm out of it but if they make a mistake thats on their heads. They play the your a fool card. if you are a bit more aware you can call them on it and they will give you the cheaper price.

chakkerz101
10-27-2010, 08:36 AM
http://hmv.com/hmvweb/displayProductDetails.do?ctx=280;0;-1;-1;-1&sku=58740
Ooh, very nice find. :) Unfortunately I spotted this way too late, but good luck to all of you that got your orders in. I'll keep my fingers crossed for you that you manage to get them for the £3. ;)

Sayam
10-27-2010, 08:56 AM
I'm pretty sure (as i used to work for an internet company) they're covered by law for this type of thing. As I have done the same thing. I listed a Marshall JCM 900 for £3.99. A guy saw it and bought it over night. I had to ring him in the morning to tell him I was refunding him. He knew I would do, thought he'd take the chance, but in the end as a company we had the right to change the price as long as the customer was informed. They could pay the new amount or be refunded.

As it's the internet I do believe that they're covered more than a shop which you can do this type of thing to.

Oh and i'm from Birmingham I do believe we speak normal english. What your more likey to find is they people your refering to are just widespread and everywhere not just from Birmingham!

[Waggly Bean]
10-27-2010, 09:34 AM
ok mr smart ass what did you get in your english gcse, plus your from birmingham so your english has got to be bad anyway.

You're an idiot.

Also, I really hope that English is not your first language.

sak7395
10-27-2010, 10:06 AM
[quote=sak7395;3665480]

Why do people from Birmingham (with a capital letter) have bad english? I hail from there and there is nothing wrong with mine. I guess you are from London (spelled Landen)? Go away....

OT - Just drop it, no use crying over spilled milk...
r
First of all it's cockney you dumb ass and your from Radio Norwich, can't really say much.

sak7395
10-27-2010, 10:06 AM
;3667253']You're an idiot.

Also, I really hope that English is not your first language.

Still not replying to my question and yes English is my first language.

ellamouse9
10-27-2010, 10:55 AM
To clear up the "False Advertising" outrage - I have a degree in Advertising by the way so I have some sort of knowledge I'd like to think! - If they make a mistake with the price, they have to sell it to you at that price if they choose to sell you the product. They are legally entitled to refuse to sell you the product at all, which is what they have done in this case by cancelling all the orders. Therefore, they are not doing anything wrong.

A pity, because it would have been a good bargain :p

And to sak7395 - it doesn't matter if you're cockney or not - it's no excuse for poor grammar, spelling and syntax. I know several people, including my mother, who don't speak English as their first language, and they are able to write substantially more coherently than you. Don't use your geographical location as an excuse for laziness.

That is all.

stucazedmacca
10-27-2010, 11:03 AM
Should let this thread die, and see on the 29th when they get them in stock what happens.

Br0kenAssass1n
10-27-2010, 11:08 AM
To clear up the "False Advertising" outrage - I have a degree in Advertising by the way so I have some sort of knowledge I'd like to think! - If they make a mistake with the price, they have to sell it to you at that price if they choose to sell you the product. They are legally entitled to refuse to sell you the product at all, which is what they have done in this case by cancelling all the orders. Therefore, they are not doing anything wrong.

A pity, because it would have been a good bargain :p

And to sak7395 - it doesn't matter if you're cockney or not - it's no excuse for poor grammar, spelling and syntax. I know several people, including my mother, who don't speak English as their first language, and they are able to write substantially more coherently than you. Don't use your geographical location as an excuse for laziness.

That is all.

I like you. Your last paragraph made me happy.

[Waggly Bean]
10-27-2010, 11:14 AM
r
First of all it's cockney you dumb ass and your from Radio Norwich, can't really say much.
I don't know how you can call anyone a dumbass. You're too stupid to even quote someone correctly. You've screwed it up twice in this thread already.

Still not replying to my question and yes English is my first language.
Well then that's laughable. And I wasn't replying to your question because I didn't think it mattered on account of you write like a retard and I don't.

But if you must know the answer, as it happens I have a GCSE, A-Level and a degree in English, so I guess that ruins your theory that all people from Birmingham have bad English skills.

Should let this thread die, and see on the 29th when they get them in stock what happens.
They've already sent out cancellation emails, so we don't have to wait until the 29th! :)

X360a Licey
10-27-2010, 11:14 AM
sak7395. Stop being a douche.

And I am guessing it has been established but it's gone back to £40 :(

That makes me sad.

Wortsenawl
10-27-2010, 11:32 AM
I'm pretty sure (as i used to work for an internet company) they're covered by law for this type of thing. As I have done the same thing. I listed a Marshall JCM 900 for £3.99. A guy saw it and bought it over night. I had to ring him in the morning to tell him I was refunding him. He knew I would do, thought he'd take the chance, but in the end as a company we had the right to change the price as long as the customer was informed. They could pay the new amount or be refunded.

As it's the internet I do believe that they're covered more than a shop which you can do this type of thing to.

There is no circumstance under which a physical shop or internet retail outlet has to sell a product at the price listed. It is merely an 'invitation to treat'. It is not an offer to sell at the price listed. It is merely them inviting you to make the company an 'offer' for the price listed. When you make the offer, they are within their rights to counter that offer with another one (which they have done in this case). At this point you can either accept the counter offer or reject it. Which we have all chosen to do in this case.

If they choose to honour the agreement then it is purely a gesture of goodwill, but they are not legally bound to do this.

Had they physically taken payment then and only then could they be deemed to have accepted your offer. No payment was taken, therefore no contract between you and them exists.

They know your rights as a consumer and in this case they are not doing anything wrong. Had people not ordered 10 copies of this, then maybe, just maybe, they would have offered something in the middle. But ordering 10 copies is clearly a sign that you knew they have screwed up and were trying to exploit their mistake.

For any who think this is still unfair, would you be so eager to accept that they should charge what was initially paid if the mistake was yours and you accidentally paid 299.00 for a 12 month membership, or would you being asking for the mistake to be rectified?

Sayam
10-27-2010, 12:39 PM
Ok maybe I should of cleared up the fact I was on the side (if that really the right term) of HMV having been the seller in the same situation. Also I didn't buy one lol. If something on the net is to good to be true, it's cause it's normaly a scam lol

Wortsenawl
10-27-2010, 12:52 PM
Yeah, sorry. I was agreeing with you, but giving further explanation for those that still probably feel they have somehow been cheated.

I did order two, one for myself and one for a mate (cheap xmas pressie!) but was pretty certain that it would be cancelled. It was worth a try, but I have nothing to complain about because in the end, I was hoping to profit from anothers mistake.

ChArG1nMaLAZ0R
10-27-2010, 12:52 PM
The whole they have the legal right to refuse the sale doesnt work here because the people made the order. it would only work if they were rejected before making the sale

for example if some guy went to a shop and the person took something to the till they could refuse it then but if the order was processed then they cant just take it back and give the guy his money back

same situation here. they are bound by law to make good on the sale. They will know this but try to get out of it by refunding people and appologising. but if you took them to caught you will win.

It has happened many many times. i visit forums where people actually seek out things like this to try and get bargains and the subsequent lawsuits that follow lol.

Wortsenawl
10-27-2010, 12:55 PM
same situation here. they are bound by law to make good on the sale. They will know this but try to get out of it by refunding people and appologising. but if you took them to caught you will win.

You are simply wrong. No money exchanged hands. No confirmation of sale had taken place. No acceptance of the order was made.

The 'receipts' that people think they have merely state that the order has been submitted and is being processed. We were never actually charged for the item.

If you think it is worth taking to court, you will find it costs you more than 2.99 as you will lose and end up paying for, at least your own, legal fees.

Sayam
10-27-2010, 01:04 PM
Yeah, sorry. I was agreeing with you, but giving further explanation for those that still probably feel they have somehow been cheated.

I did order two, one for myself and one for a mate (cheap xmas pressie!) but was pretty certain that it would be cancelled. It was worth a try, but I have nothing to complain about because in the end, I was hoping to profit from anothers mistake.

It's the same with the guy I had to refund. He took the chance and knew he'd end up with a call form me say "I have to cancel this sale". It's worth the chance but there's no sense in complaining afterwards.

If you knew it was a mistake did you really think they would give it you to? Think if it was you would you send out the goods for less and you wanted it to be listed for???

newbsicle
10-27-2010, 01:08 PM
Instead of having the advertisement as an offer to buy (it is not) when you submit an order, that is the initial offer to buy. It doesn't become a binding contract until they accept your offer to buy. This is exactly how amazon does it, in not so legal words.

The other way they protect themselves is to simply have a clause addressing general website errors or specific pricing errors, saying they don't have to honor such purchases or warranty the website from errors, etc.

Wortsenawl
10-27-2010, 01:10 PM
It's the same with the guy I had to refund. He took the chance and knew he'd end up with a call form me say "I have to cancel this sale". It's worth the chance but there's no sense in complaining afterwards.

If you knew it was a mistake did you really think they would give it you to? Think if it was you would you send out the goods for less and you wanted it to be listed for???
I did it on the very small chance that they would honour it... It took me all of 30 seconds to order them and I was ordering a DVD anyway. While it didn't work out, it was the very small chance it would have. In the end it cost me nothing, so I have no complaints at all.

ChArG1nMaLAZ0R
10-27-2010, 01:10 PM
You are simply wrong. No money exchanged hands. No confirmation of sale had taken place. No acceptance of the order was made.

The 'receipts' that people think they have merely state that the order has been submitted and is being processed. We were never actually charged for the item.

If you think it is worth taking to court, you will find it costs you more than 2.99 as you will lose and end up paying for, at least your own, legal fees.

When you pre order from the store and get that confirmation you enter into a contract with them. it even states on their site that if the price changes at any point they will make good on what they originally asked for in the pre order. regardless of whether money changed hands they are bound by that.

Wortsenawl
10-27-2010, 01:13 PM
Only if they accept the pre-order... as stated, they never offered confirmation to anyone.

I can only rely on the knowledge I gained while studying commercial and, more specifically, contract law to decide the contractual obligations of HMV in this case.

ellamouse9
10-27-2010, 01:14 PM
When you pre order from the store and get that confirmation you enter into a contract with them. it even states on their site that if the price changes at any point they will make good on what they originally asked for in the pre order. regardless of whether money changed hands they are bound by that.

Well to draw a line under this, why don't you challenge this with HMV and take them to court instead of arguing about it? Then you can let us know what the outcome is - if you're right then it's a victory for consumers everywhere!

Sayam
10-27-2010, 01:16 PM
Can't see why people are fighting over this so much it aint gonna happen! The fact you all we're laughing and joking about it, will they won't they, you all knew they would correct it!

If you really wanna keep fighting it thats fair enough, but has anyone of (the people fighting to get it at that price) seen a lawyer? Or are you all running on the same thought that cause you have a invoice they have to sell it at that price? Like i said if you made the same mistake what would you do?

ChArG1nMaLAZ0R
10-27-2010, 01:21 PM
Well to draw a line under this, why don't you challenge this with HMV and take them to court instead of arguing about it? Then you can let us know what the outcome is - if you're right then it's a victory for consumers everywhere!

i didn't pre order it with hmv.

i'm just saying i've seen cases where people have done it and won. i'm not arguing anything i couldnt care less what these people do.

imo it would be pretty petty but i'm just saying its possible.

newbsicle
10-27-2010, 01:31 PM
The statute is different in almost every state. Who knows, maybe in the U.K. you could sue for it and win. Of course if you do sue hmv, they may just give you the item so they don't have to hire someone to represent them in court.

tommy2648
10-27-2010, 01:39 PM
lol £2.99 they REALLY messed up. How many has this happened to? :p

russian box
10-27-2010, 01:40 PM
you can technically fight this and use the law to make sure they give you the price they advertised it at because you are in your right to as a consumer.

but at the same time is it worth all the hassle for a couple of quid

at the guy above. companies will and do try to worm out of it but if they make a mistake thats on their heads. They play the your a fool card. if you are a bit more aware you can call them on it and they will give you the cheaper price.

price points as they are called are only a guide and not a definite price. This means that shops don't have to stick to the price they set out as it could be wrong.

Sometimes they call them visual enticement's.


working in shop. you see the other side.

Wortsenawl
10-27-2010, 02:52 PM
I used to work in a store and it really pissed me off when people said "You HAVE to sell it to me now. It's your fault you got the sticker price wrong." It would annoy me even more that if you refused they would ask for the manager "I know my rights" - clearly they didn't, but telling them that for some reason only ever made the situation worse.

Oh how I miss retail. (sarcasm)

guillermo316
10-27-2010, 03:34 PM
i think they fixed it it looks like a scam??

Wortsenawl
10-27-2010, 05:05 PM
i think they fixed it it looks like a scam??

er, no. It was a mistake. I don't think HMV have yet the need to start scamming people

mrmonkeykrap
10-27-2010, 05:20 PM
I used to work in a store and it really pissed me off when people said "You HAVE to sell it to me now. It's your fault you got the sticker price wrong." It would annoy me even more that if you refused they would ask for the manager "I know my rights" - clearly they didn't, but telling them that for some reason only ever made the situation worse.

Oh how I miss retail. (sarcasm)

the manager has the right to retract anything for sale at any time so i hear. remember seeing a manager do that to a customer who was being a pain in the ass for no reason. most shops will sell it at the cheap price if your nice about it

HitmanHTC
10-27-2010, 05:24 PM
My order for this was cancelled by HMV :(

By the way, they legally do not have to sell at the price offered as it is an 'invitation to treat', not an offer that was accepted at the price ;) Basically, just because they cocked up does not mean they have to sell at the price.

mrmonkeykrap
10-27-2010, 05:32 PM
My order for this was cancelled by HMV :(

By the way, they legally do not have to sell at the price offered as it is an 'invitation to treat', not an offer that was accepted at the price ;) Basically, just because they cocked up does not mean they have to sell at the price.

i believe it is if they take the money out at the time but hmv only remove money when the stuff is being posted

duff28
10-27-2010, 07:13 PM
Just to finish this thread, I e-mailed HMV and this is what they said:

Dear Stan,

Thank you for your email.

I am sorry to hear of your issues surrounding the pricing of the 12 Month Live Gold Cod: Black Ops Branded Membership With Free T-shirt.

Unfortunately the item was placed on the hmv web site at the incorrect price of £2.99 and has since been corrected to £35.16. This was an internal error when uploading the item to the web site, and we sincerely apologise for any disappointment caused.

As communicated via email, and within our terms and conditions governing sales on hmv.com, hmv has not yet taken payment from you for the goods listed above nor, indeed, taken the final step of confirming the shipment of your order to you by email (please see point b. in the section entitled ‘The Contract Between US’ on the first page of our Terms and Conditions). As such, due to the pricing error, we will regrettably not be fulfilling your order.

I do understand that this will be disappointing to you, and please rest assured that we have taken steps to ensure that this type of pricing inaccuracy does not reoccur.

Once again, I would like to offer my apologies on behalf of hmv that we are not going to be able to fulfil your order.

Kind Regards,

Kevin Knox
Online Customer Service Team
www.hmv.com

mrmonkeykrap
10-27-2010, 09:40 PM
Just to finish this thread, I e-mailed HMV and this is what they said:

Dear Stan,

Thank you for your email.

I am sorry to hear of your issues surrounding the pricing of the 12 Month Live Gold Cod: Black Ops Branded Membership With Free T-shirt.

Unfortunately the item was placed on the hmv web site at the incorrect price of £2.99 and has since been corrected to £35.16. This was an internal error when uploading the item to the web site, and we sincerely apologise for any disappointment caused.

As communicated via email, and within our terms and conditions governing sales on hmv.com, hmv has not yet taken payment from you for the goods listed above nor, indeed, taken the final step of confirming the shipment of your order to you by email (please see point b. in the section entitled ‘The Contract Between US’ on the first page of our Terms and Conditions). As such, due to the pricing error, we will regrettably not be fulfilling your order.

I do understand that this will be disappointing to you, and please rest assured that we have taken steps to ensure that this type of pricing inaccuracy does not reoccur.

Once again, I would like to offer my apologies on behalf of hmv that we are not going to be able to fulfil your order.

Kind Regards,

Kevin Knox
Online Customer Service Team
www.hmv.com (http://www.hmv.com)

i was correct. they dont take money for a reason

duff28
10-28-2010, 06:39 PM
i was correct. they dont take money for a reason
Good for you son