Hardware Bargains

[Zertop]

Do we report them to hellopeter

What for? A systems error. I would only report them by he way they handle the situation Whether it be refunding or processing the orders - it all depends on their attitude through the process.

 

[Lostears]

Do we report them to hellopeter

.....Suppose 60 posts so you may be forgiven. No we do not report them to Hellopeter. That is way to drastic. It was a system error. If they send out an apologetic email and refund everyone, then no harm was done.

What i would do if i were them. Do a complete website shut down. No money has been "processed". Clear the baskets, cancel all pending transactions. This way all money that was paid via credit card will be cancelled and money returned instantly. Eft's would have to be refunded manually. Send out a blanket email apologizing and offer a 10-15% discount to everyone, including everyone who's orders were correct. This will save them bucket loads of money as well as put everyone, including those not affected, into a good frame of mind re this company.

Personally i thinking doing a blanket save vs basket by basket will save time and put everyone at ease in terms of missing money. Either that, OR just process everyone's orders

 

[d7e7r7]

Still waiting to hear more before I complete my bid or buy order and do the eft...

 

[EmileS]

No need for Hellopeter. I'll only go to Hellopeter if something is messed up on refunding or they give you something useless like store credit.

 

[bar1]

Speaking about firstoffice....thought i'll mention this:

http://www.firstshop.co.za/samsung-smart-camera-wb850f-ec-wb850f-p-14239

I got it last month, came with a free 4GB micro sd , and a camera case

 

[Zertop]

Just called them. They have made a decision regarding the prices and will email everyone momentarily.

 

[Praeses]

Just called them. They have made a decision regarding the prices and will email everyone momentarily.

Is this only for their website or for BoB purchases as well? Anybody got any e-mails yet?

 

[Soul Assassin]

The guy on the live chat just said they are still waiting, I also want to know about BoB purchases.

 

[])ragon_\/oid]

Odds are, they won't honor it. They will make a huge loss if they do. The BoB guys might be the only once that will smile after this.

 

[EmileS]

Odds are, they won't honor it. They will make a huge loss if they do. The BoB guys might be the only once that will smile after this.

If they do this, then I'll complain as well. Actually if they do this, that means they are selling items to certain people at an advertised price and not others, which will effect some laws.

 

[K-VI]

In my mind, if they were going to do a refund to everybody, the decision would have been made within 1 hour of them finding out of this issue of incorrect prices. I believe they are in a meeting with their lawyers as this is false advertising and every person who placed the order and paid for it could take them to court as they broke the Consumer Protect Act Law. 10 cases could amount to more in legal fees then all the items sold and could kill the companies name as an online store. They might consider writing it of as bad debt and honor the deal to save the companies name. It is not an easy situation, but I believe that a lot of people would be very unhappy if they only refund the paid amount, and could lead to more then 10 court cases.

Think that is the reason for their delayed email, since the lawyer's need to confirm how bad the situation is and how to try and recover the situation with minimal loss.

 

[bees]

Waiting for my emajl. Ordered and paid for a Nas and 2x laptops on BoB

 

[Hemps]

Waiting for my emajl. Ordered and paid for a Nas and 2x laptops on BoB

What did you pay?

 

[GreGorGy]

It is not an easy situation, but I believe that a lot of people would be very unhappy if they only refund the paid amount, and could lead to more than 10 court cases.

A refund would be in line with CPA, no?

I think everyone and anyone who believes they will honour this situation is living in a fool's paradise. And good luck to anyone going to court over it - CPA is careful here - which part of it did they break?

 

[bees]

What did you pay?

Just under R5k for the 3x items.

 

[K-VI]

As far as I know, it counts as false advertising/Bait marketing.

Consumer Protection Act, 2008 (Act No. 68 of 2008)
Chapter 2 : Fundamental Consumer Rights

Part E : Right to fair and responsible marketing

30. Bait marketing

1)A supplier must not advertise any particular goods or services as being available at a specified price in a manner that may result in consumers being misled or deceived in any respect relating to the actual availability of those goods or services from that supplier, at that advertised price.

2)If a supplier advertises particular goods or services as being available at a specified price, and the advertisement expressly states a limitation in respect of the availability of those goods or services from that supplier at that price, the supplier must make those goods or services available at that price, to the extent of the expressed limits.

3)It is a defence to an alleged failure to comply with subsection (1) or (2) if—
a)the supplier offered to supply or procure another person to supply a consumer with the same or equivalent goods or services of the kind advertised within a reasonable time, in a reasonable quantity, and at the advertised price; and
b)the consumer—
i)unreasonably refused that offer; or
ii)accepted the offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted.

Consumer Protection Act, 2008 (Act No. 68 of 2008)
Chapter 2 : Fundamental Consumer Rights

Part E : Right to fair and responsible marketing

31. Negative option marketing

1)A supplier must not—
a)promote any goods or services;
b)offer to enter into or modify an agreement for the supply of any goods or services; or
c)induce a person to accept any goods or services or to enter into or modify such an agreement,
on the basis that the goods or services are to be supplied, or the agreement or modification will automatically come into existence, unless the consumer declines such offer or inducement.

2)An agreement purportedly entered into as a result of an offer or inducement contemplated in subsection (1) is void.

3)A modification of an agreement purportedly agreed to as a result of an offer or inducement contemplated in subsection (1) is void.

That should cover the issue with incorrect pricing and according to my understanding, they have to honor the price as them changing it is illegal, as they showed limited stock and the price on their site seems to correct at the time of purchase. Even during checkout initially, the price still stayed the same and in my case, the receipt for the purchase still shows the original incorrect price from this morning, but the item itself has been updated with their correct price.

Also, there are pictures of the original item with the price available (for the Samsung commercial Screen and Acer i5 Laptop). That also shows proof that they had it advertised on their site, which in my mind counts as advertising. Might not have been in a paper, but their site still should count as advertising of their products.

Kavir

 

[Zertop]

As far as I know, it counts as false advertising/Bait marketing.

Consumer Protection Act, 2008 (Act No. 68 of 2008)
Chapter 2 : Fundamental Consumer Rights

Part E : Right to fair and responsible marketing

30. Bait marketing

1)A supplier must not advertise any particular goods or services as being available at a specified price in a manner that may result in consumers being misled or deceived in any respect relating to the actual availability of those goods or services from that supplier, at that advertised price.

2)If a supplier advertises particular goods or services as being available at a specified price, and the advertisement expressly states a limitation in respect of the availability of those goods or services from that supplier at that price, the supplier must make those goods or services available at that price, to the extent of the expressed limits.

3)It is a defence to an alleged failure to comply with subsection (1) or (2) if—
a)the supplier offered to supply or procure another person to supply a consumer with the same or equivalent goods or services of the kind advertised within a reasonable time, in a reasonable quantity, and at the advertised price; and
b)the consumer—
i)unreasonably refused that offer; or
ii)accepted the offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted.

Consumer Protection Act, 2008 (Act No. 68 of 2008)
Chapter 2 : Fundamental Consumer Rights

Part E : Right to fair and responsible marketing

31. Negative option marketing

1)A supplier must not—
a)promote any goods or services;
b)offer to enter into or modify an agreement for the supply of any goods or services; or
c)induce a person to accept any goods or services or to enter into or modify such an agreement,
on the basis that the goods or services are to be supplied, or the agreement or modification will automatically come into existence, unless the consumer declines such offer or inducement.

2)An agreement purportedly entered into as a result of an offer or inducement contemplated in subsection (1) is void.

3)A modification of an agreement purportedly agreed to as a result of an offer or inducement contemplated in subsection (1) is void.

That should cover the issue with incorrect pricing and according to my understanding, they have to honor the price as them changing it is illegal, as they showed limited stock and the price on their site seems to correct at the time of purchase. Even during checkout initially, the price still stayed the same and in my case, the receipt for the purchase still shows the original incorrect price from this morning, but the item itself has been updated with their correct price.

Also, there are pictures of the original item with the price available (for the Samsung commercial Screen and Acer i5 Laptop). That also shows proof that they had it advertised on their site, which in my mind counts as advertising. Might not have been in a paper, but their site still should count as advertising of their products.

Kavir

Check their terms and conditions, E&OE is applicable, so they are covered.

 

[d7e7r7]

Check their terms and conditions, E&OE is applicable, so they are covered.

No E&EO on Bid or Buy...

 

[K-VI]

Yes, it might be applicable, but the CPA Law over rules as it is considered illegal. Whether it is in their terms and conditions or not, them changing their prices on advertised items as it was a mistake, is still not legal. This could lead to multiple court cases, and that would be worse for the company. It still falls under false advertising and/or bait marketing. Wish there was a lawyer on the forum that could actually confirm this. I understand that it was a mistake, but if it was as simple as refunding everybody, they would have already confirmed this via email 4 hours ago, instead of being in talks. I still believe that they are busy double checking the CPA law and seeing if they have a way of getting out of this. Even if they refund everybody, no one is going to be happy about it, and the companies name goes to dirt. Feel sorry for them, as most companies will not walk away from something like this.

 

[Zindaar]

also when signing up for an account or purchasing there is nothing advising me of any terms or conditions.

The first i became aware of any E&OE clause was on a forum after i purchased...