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Consumer rights

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about 15 years ago · edited over 13 years ago
Consumer rights
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about 15 years ago · edited over 13 years ago
About 2 weeks ago I saw a product advertised on www.fishpond.co.nz on-line store for $NZ9.95 I knew that this can't be right & it was incredibly cheap; I knew it was worth over $100. So I placed an order for it & got an automated order confirmation. The next day I went back to the website & saw that they had corrected the price to $124! Got an e-mail from them yesterday saying that it was a pricing mistake, they cancelled my order & gave me a $5 voucher for my next purchase. Can they do this?
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about 15 years ago · edited over 13 years ago
 I vaguely remember hearing/ reading something along these lines ages ago and I think they are entitled to do what they did. Least you got a $5 voucher off them. Jag2011-01-27 15:35:38

Apparently I'm apathetic, but I couldn't care less.

"Being a Partick Thistle fan sets you apart. It means youre a free thinker. It also means your team has no money." Tim Luckhurst, The Independent, 4th December 2003

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about 15 years ago · edited over 13 years ago
If it is clearly an honest mistake,then yes. It seems you knew that it was,so perhaps they can,however to me it seems you could ask for them to honor it as 99-124 is pretty random to claim as a mistake.(I have no knowledge of the item so wouldn't be able to judge).

However they did correct it quite quickly,itd depend if they had a history of doing such a thing too.

An automated confirmation isn't really an acceptance of your offer either,and it seems as soon as they saw your offer,they declined it. So really your case would be built around false advertisement to lure you into buying the product.

Allegedly

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about 15 years ago · edited over 13 years ago
seems  to me like they've made an error, corrected it once realised and effectively apologised by gifting you the voucher.

Queenslander 3x a year.

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about 15 years ago · edited over 13 years ago
Check out the consumer guarantees act, its covered in there somewhere.
 
I think you are entitled to the goods at the advertised price, especially if they confirmed the order with you.
 
Go get em!!! 
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about 15 years ago · edited over 13 years ago
Not sure about online, but I know that if a product is priced incorrectly on a shelf, the seller doesn't  have to sell it at that incorrect price.  Think the reasoning was that an pricing label isn't an offer of that good for that price.  The offer of the good is once you are charge them.  Happened a bit when I worked in retail during my uni years.  Most of the time we would sell it at the incorrect price to keep the customer happy.
 
However, the online thing is a bit different.  By giving them you credit card detail you are offering to buy the product.  And by charging your card, they are accepting your offer to buy the product. Having said that, I found this.....
Can a trader ask for the money back if they sell the goods at the wrong price?

After the sale is completed a trader can�t ask a consumer to pay the extra amount, unless the consumer knew that there was a mistake about the price and the price was considerably less than it should have been.

For example if you bought a jumper for $30 when it was supposed to be $40, then the trader can�t ask for the extra money. But if you bought a new TV that was supposed to be $500 and the trader only charged your eftpos card $50 then the trader can ask you to pay the extra amount.

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about 15 years ago · edited over 13 years ago
Judging by the Consumer Affairs website I can't make Fishpond sell me the $124 product at the advertised $9-95. They said it was a pricing mistake. Although, they did show the percentage savings you would make at advertised price; not sure whether that would make any difference to their "pricing mistake" stance.
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about 15 years ago · edited over 13 years ago
Check out the consumer guarantees act, its covered in there somewhere.
�

I think you are entitled to the goods at the advertised price, especially if they confirmed the order with you.

�

Go get em!!!�


As I said,an automated confirmation is not an acceptance of an offer.

This is also common sense. If they had of accidentally set the price at $1 and sold millions of them,that hardly seems fair. The law is designed for balance.

Allegedly

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about 15 years ago · edited over 13 years ago
Dude, honest mistakes happen.
 
Sorry that this happened to you but there's not too much that can be done about it.
 
On the other hand, should the website in question have flashed the price all over banners etc on their site then you would have reason to be upset with what they have done as it would be classed as an advertised special therefore they would have to honour the sale at the cheaper price! 

"Ive just re-visited this and once again realised that C-Diddy is a genius - a drunk, Newcastle bred disgrace - but a genius." - Hard News, 11:39am 4th June 2009

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about 15 years ago · edited over 13 years ago
2ndBest wrote:
Not sure about online, but I know that if a product is priced incorrectly on a shelf, the seller doesn't  have to sell it at that incorrect price.  Think the reasoning was that an pricing label isn't an offer of that good for that price.  The offer of the good is once you are charge them.  Happened a bit when I worked in retail during my uni years.  Most of the time we would sell it at the incorrect price to keep the customer happy.
 
However, the online thing is a bit different.  By giving them you credit card detail you are offering to buy the product.  And by charging your card, they are accepting your offer to buy the product. Having said that, I found this.....
Can a trader ask for the money back if they sell the goods at the wrong price?

After the sale is completed a trader can�t ask a consumer to pay the extra amount, unless the consumer knew that there was a mistake about the price and the price was considerably less than it should have been.

For example if you bought a jumper for $30 when it was supposed to be $40, then the trader can�t ask for the extra money. But if you bought a new TV that was supposed to be $500 and the trader only charged your eftpos card $50 then the trader can ask you to pay the extra amount.



This is correct and what I remember when I did Commercial law (at O level)

Mind you I only read the first sentence or so.

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about 15 years ago · edited over 13 years ago
Funny thing happened yesterday in Burger King.

This youth went up to the counter and said the other night he got burger king but when he got home it was soggy, so he demanded exactly what he got, again, for free.
My first thought was that it was soggy because he left it. Eat in there!
Secondly, he reckoned he got $30 worth of food. No teenager eats that much!
Last of all, they couldn't find his order on the computer. Had no receipt. Was clearly making it up.
But they still gave him a chicken burger for free!

Moral of the story, keep at them.
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about 15 years ago · edited over 13 years ago
That reminds me of when I was a kid..there used to be the collectable oddbodz cards that came with multimedia of chips. Id email them saying I only got 11 bags in my 12 pack and they'd send me another pack (and more cards)

It's sort of the same at work,it's easier just to give out a comp or refund something than arguing with someone who may just well be legitimately complaining (as opposed to making up stories to get freebies)

Allegedly

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about 15 years ago · edited over 13 years ago

A little advice from a person who has been employed in this magical fantasy land that you folks call "Customer Service" for the past 13 years...

We can tell who is taking the piss and who isn't!
 
We also understand that mistakes do happen and when they do we usually take measures to see them rectified to a level acceptable for all parties
 
The very worst thing you can do whilst engaging in a verbal conflict with an employee in Customer Serviceland is to spout on about Consumer Rights and all its trimmings! It just plainly pisses us off as we know both our and your rights!
 
And finally, NEVER EVER SAY THE CUSTOMER IS ALWAYS RIGHT,  because they are not! The stoopid wankstain of a human who came up with this mentality is a t**ser who deserves for their business to go broke from giving too many refunds!!!
 
And remember folks, Have a Nice Day!
C-Diddy2011-01-28 09:17:25

"Ive just re-visited this and once again realised that C-Diddy is a genius - a drunk, Newcastle bred disgrace - but a genius." - Hard News, 11:39am 4th June 2009

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about 15 years ago · edited over 13 years ago
C-Diddy - Poster boy for Customer Service

Apparently I'm apathetic, but I couldn't care less.

"Being a Partick Thistle fan sets you apart. It means youre a free thinker. It also means your team has no money." Tim Luckhurst, The Independent, 4th December 2003

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about 15 years ago · edited over 13 years ago
 Its true though. I actually had a customer say "well the customer is always right" to which i replied "well you're clearly not,congratulations you just made history" we trespassed him.
 

Allegedly

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about 15 years ago · edited over 13 years ago
Tegal wrote:
 Its true though. I actually had a customer say "well the customer is always right" to which i replied "well you're clearly not,congratulations you just made history" we trespassed him.
 
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about 15 years ago · edited over 13 years ago
Luis Garcia wrote:
Funny thing happened yesterday in Burger King.

This youth went up to the counter and said the other night he got burger king but when he got home it was soggy, so he demanded exactly what he got, again, for free.
My first thought was that it was soggy because he left it. Eat in there!
Secondly, he reckoned he got $30 worth of food. No teenager eats that much!
Last of all, they couldn't find his order on the computer. Had no receipt. Was clearly making it up.
But they still gave him a chicken burger for free!

Moral of the story, keep at them.


More than likely just being dishonest.

If you are old and wise you were probably young and stupid

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about 15 years ago · edited over 13 years ago
C-Diddy wrote:

A little advice from a person who has been employed in this magical fantasy land that you folks call "Customer Service" for the past 13 years...

We can tell who is taking the piss and who isn't!
 
We also understand that mistakes do happen and when they do we usually take measures to see them rectified to a level acceptable for all parties
 
The very worst thing you can do whilst engaging in a verbal conflict with an employee in Customer Serviceland is to spout on about Consumer Rights and all its trimmings! It just plainly pisses us off as we know both our and your rights!
 
And finally, NEVER EVER SAY THE CUSTOMER IS ALWAYS RIGHT,  because they are not! The stoopid wankstain of a human who came up with this mentality is a t**ser who deserves for their business to go broke from giving too many refunds!!!
 
And remember folks, Have a Nice Day!



Yeah but you're not employed to get pissed off at the customers. It's your job to assist the customer to resolve their issues and maintain the good name/appearance of the company you represent.

It's a customers right to politely spout off if they think you've tried to con them. If I think you are getting plainly pissed off with me for rightly pointing out the service/goods you are selling me are sh*te then I'll go and complain to your superior to drop you in it.

One of the truly  annoying things about life today is the vast number of snotty sh*ts offering piss poor customer service.

Whether it be complete lack of knowledge of the service/product they are flogging or a complete inability to sort out an issue if the Wanko-matic 3000 vacuum cleaner I've just bought packs up after a week.

When I do get good customer service I let that person's manager/owner of the business know they've done a good job or I tip well. As you would expect with customer service these days I don't lose much money with hefty tips.

Having worked in a job for close to 15 years where I get verbally abused regularly and sometimes actually physically assaulted from time to time it's not my job to get pissed off with the people flipping out on me.  My job is to resolve the issue that has caused the conflict, politely, professionally and with the minimum of fuss.

I have a particular book that teaches these skills if you are struggling in this area. PM me.


ForteanTimes2011-01-30 10:27:38

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about 15 years ago · edited over 13 years ago
Where can I get one of those vacuum cleaners FT?

(For a friend of mine actually)

"Phoenix till they lose"

Posting 97% bollox, 8% lies and 3.658% genuine opinion. 

Genuine opinion: FTFFA

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about 15 years ago · edited over 13 years ago
Junior82 wrote:
Where can I get one of those vacuum cleaners FT?

(For a friend of mine actually)




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about 15 years ago · edited over 13 years ago
This thread needs more Ian Orchard and his blue lab coat.

"Phoenix till they lose"

Posting 97% bollox, 8% lies and 3.658% genuine opinion. 

Genuine opinion: FTFFA

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about 15 years ago · edited over 13 years ago
ForteanTimes wrote:
C-Diddy wrote:

A little advice from a person who has been employed in this magical fantasy land that you folks call "Customer Service" for the past 13 years...

We can tell who is taking the piss and who isn't!
 
We also understand that mistakes do happen and when they do we usually take measures to see them rectified to a level acceptable for all parties
 
The very worst thing you can do whilst engaging in a verbal conflict with an employee in Customer Serviceland is to spout on about Consumer Rights and all its trimmings! It just plainly pisses us off as we know both our and your rights!
 
And finally, NEVER EVER SAY THE CUSTOMER IS ALWAYS RIGHT,  because they are not! The stoopid wankstain of a human who came up with this mentality is a t**ser who deserves for their business to go broke from giving too many refunds!!!
 
And remember folks, Have a Nice Day!
[/QUOTE]


Yeah but you're not employed to get pissed off at the customers. It's your job to assist the customer to resolve their issues and maintain the good name/appearance of the company you represent.

It's a customers right to politely spout off if they think you've tried to con them. If I think you are getting plainly pissed off with me for rightly pointing out the service/goods you are selling me are sh*te then I'll go and complain to your superior to drop you in it.

One of the truly  annoying things about life today is the vast number of snotty sh*ts offering piss poor customer service.

Whether it be complete lack of knowledge of the service/product they are flogging or a complete inability to sort out an issue if the Wanko-matic 3000 vacuum cleaner I've just bought packs up after a week.

When I do get good customer service I let that person's manager/owner of the business know they've done a good job or I tip well. As you would expect with customer service these days I don't lose much money with hefty tips.

Having worked in a job for close to 15 years where I get verbally abused regularly and sometimes actually physically assaulted from time to time it's not my job to get pissed off with the people flipping out on me.  My job is to resolve the issue that has caused the conflict, politely, professionally and with the minimum of fuss.

I have a particular book that teaches these skills if you are struggling in this area. PM me.


 
 
All fair points that you make FT. I'm not sure you actually read this part of my rant though...
 
[Quote=C-Diddy]
 
We also understand that mistakes do happen and when they do we usually take measures to see them rectified to a level acceptable for all parties.
 
 
I have no problems at all trying to help resolve peoples issues but when they don't take the time out to listen and accept that you are actually helping them to the best of your abilities or by following the Company's Procedures then there is only so much a human can take of that i'm sorry, especially when you know that the person you are dealing with is 100% not correct in what they are claiming.
 
Faulty products do exist but if somebody breaks something and then claims it to be faulty I find that rather tedious. The human species needs to re-learn how to accept responsibilty for their own actions!!!
 
Some people just need to be told that they are not right some times...
 
C-Diddy2011-01-30 16:34:15

"Ive just re-visited this and once again realised that C-Diddy is a genius - a drunk, Newcastle bred disgrace - but a genius." - Hard News, 11:39am 4th June 2009

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