By using this site, you agree to our Privacy Policy and our Terms of Use. Close

Forums - Nintendo Discussion - Official Wii U Thread!: Pokemon Rubmle U coming to Wii U

Tagged games:

 

What old franchise should Nintendo revive first on the Wii U?

Star Fox 220 47.31%
 
F-Zero 110 23.66%
 
Wave Race 29 6.24%
 
Top-Down Zelda 55 11.83%
 
Show me the results. 28 6.02%
 
Total:442

Ok so I got an answer from amazon and they said that my cancelled order will not be reopened because the preorders from early june were pricing mistakes while the ones they accepted from september 13 were apparently not. I think this is bullshit since its the same price for the same product so why can one be a pricing mistake and the other not? Also I have multiple links from people claiming their early june preorder got reinstated. So now I need someone savvy enough in uk corporate law to tell me where to look for this kind of bullshittery. I originally wanted to complain on the base of article 18 TFEU but I am not sure if european law applies in this case since the discrimination is not commited by a state but by a company.



Ongoing bet with think-man: He wins if MH4 releases in any shape or form on PSV in 2013, I win if it doesn't.

Around the Network
Chandler said:

Ok so I got an answer from amazon and they said that my cancelled order will not be reopened because the preorders from early june were pricing mistakes while the ones they accepted from september 13 were apparently not. I think this is bullshit since its the same price for the same product so why can one be a pricing mistake and the other not? Also I have multiple links from people claiming their early june preorder got reinstated. So now I need someone savvy enough in uk corporate law to tell me where to look for this kind of bullshittery. I originally wanted to complain on the base of article 18 TFEU but I am not sure if european law applies in this case since the discrimination is not commited by a state but by a company.


Have you tried looking up a consumer watchdog because it's a fair case, they can't honour the same price for people who ordered on the latter date and dismiss the previous pre-order as a pricing mistake when both prices are the same. The previous orders were also under their protection policy as well where they honour the price no matter what, send your story to Watchdog as people who pre-ordered back then have a good case, they must have changed the price multiple times with in the first 2 hours of knowing they can set their own price. 



Wyrdness said:

Have you tried looking up a consumer watchdog because it's a fair case, they can't honour the same price for people who ordered on the latter date and dismiss the previous pre-order as a pricing mistake when both prices are the same. The previous orders were also under their protection policy as well where they honour the price no matter what, send your story to Watchdog as people who pre-ordered back then have a good case, they must have changed the price multiple times with in the first 2 hours of knowing they can set their own price. 


Yeah I already contacted the european consumer centre. Let's see what they say.



Ongoing bet with think-man: He wins if MH4 releases in any shape or form on PSV in 2013, I win if it doesn't.

Amazon don't have to honour anything, so I'm surprised if they have. In order for them to legally be forced to reinstate the pre-orders you'd have to prove that you had formed a contract with them for the sale of the console.

However, clicking pre-order now and going through the checkout doesn't count as a formed contract. The price they list on the website is regarded as an invitation to treat, and when you go through the checkout you are essentially making an offer to them to buy whatever it is you're ordering for that price. The contract isn't formed until they take your money and send out the goods.



VGChartz

milkyjoe said:
Amazon don't have to honour anything, so I'm surprised if they have. In order for them to legally be forced to reinstate the pre-orders you'd have to prove that you had formed a contract with them for the sale of the console.

However, clicking pre-order now and going through the checkout doesn't count as a formed contract. The price they list on the website is regarded as an invitation to treat, and when you go through the checkout you are essentially making an offer to them to buy whatever it is you're ordering for that price. The contract isn't formed until they take your money and send out the goods.


Yes, they don't have to honor a pricing mistake, but if they choose to do so (and they do), they can't be selective about it. It's discrimination, plain and simple.



Ongoing bet with think-man: He wins if MH4 releases in any shape or form on PSV in 2013, I win if it doesn't.

Around the Network
milkyjoe said:
Amazon don't have to honour anything, so I'm surprised if they have. In order for them to legally be forced to reinstate the pre-orders you'd have to prove that you had formed a contract with them for the sale of the console.

However, clicking pre-order now and going through the checkout doesn't count as a formed contract. The price they list on the website is regarded as an invitation to treat, and when you go through the checkout you are essentially making an offer to them to buy whatever it is you're ordering for that price. The contract isn't formed until they take your money and send out the goods.

Actually they do under certain circumstances, some people who pre-ordered are getting the same product under the same price as a result the courts here can rule that those who pre-ordered before are entitled to the same. Amazon send out confirmation emails as well and the previous pre-orders were under the Amazon price protection policy, something they broke by the cancellations, so that may very well be proof enough, they also can't just put a price up on their site and change it as then advertizing watchdogs and consumer rights start coming into play and they can be hit with price fixing fines, it's a retail outlet not an auction outlet they're giving you a price not you making them an offer.

The problem is the is no RRP in Europe apart from Nintendo restricting the price to not go over 300 for the premium alone so they have to honour the early prices they put up after the official launch announcement as they put it up as their official price and many people got it for the same original pre-order price, these can't be cancelled because Amazon themselves put these up as their own prices so would be hit by laws



Since I was stuck out of state when the pre-orders went up then down. I'm currently hunting good places to camp out. Since it is a Tuesday, I don't usually work, so I will drop off my younger brother and have him sit for me. I have a "inside" man at a local Wal-Mart so it looks like I will go there. Since he said that Wal-Mart isn't big for game related releases in terms of crowds, even through it is a 24 hour store.



Wyrdness said:
milkyjoe said:
Amazon don't have to honour anything, so I'm surprised if they have. In order for them to legally be forced to reinstate the pre-orders you'd have to prove that you had formed a contract with them for the sale of the console.

However, clicking pre-order now and going through the checkout doesn't count as a formed contract. The price they list on the website is regarded as an invitation to treat, and when you go through the checkout you are essentially making an offer to them to buy whatever it is you're ordering for that price. The contract isn't formed until they take your money and send out the goods.

Actually they do under certain circumstances, some people who pre-ordered are getting the same product under the same price as a result the courts here can rule that those who pre-ordered before are entitled to the same. Amazon send out confirmation emails as well and the previous pre-orders were under the Amazon price protection policy, something they broke by the cancellations, so that may very well be proof enough, they also can't just put a price up on their site and change it as then advertizing watchdogs and consumer rights start coming into play and they can be hit with price fixing fines, it's a retail outlet not an auction outlet they're giving you a price not you making them an offer.

The problem is the is no RRP in Europe apart from Nintendo restricting the price to not go over 300 for the premium alone so they have to honour the early prices they put up after the official launch announcement as they put it up as their official price and many people got it for the same original pre-order price, these can't be cancelled because Amazon themselves put these up as their own prices so would be hit by laws

I know it's a retail outlet and not an auction house, my first post details how a contract between a consumer and a retailer is formed in the eyes of the law in the UK, and it's only when a retailer can be found to be in breach of contract that a court would do anything about it. Of course, the contract has to be formed before that can happen, and it isn't formed until money is exchanged and goods are sent out/received. And again, listing the price on the website isn't legally viewed as an offer to form a contract by the retailer, it's an invitation to treat, and that's quite an important legal distinction because it prevents legal challenges in situations like this (you might want to read up about Fisher v Bell, as that is one of the key cases that set this precedent).

It might piss people off, and consumer groups might be up in arms, but legally, there's no case. Pre-order price guarantees and honouring previous prices in cases like this are essentially PR schemes. They are used to keep consumers happy, but ultimately, they aren't legally bound to uphold them. Which is why they're able to cancel orders where products have been incorrectly priced in spite of the existence of the guarantee.



VGChartz

It depends on whether a contract has been made between the two parties.

The retailer needs to accept the customer’s order for there to be a contract. If it hasn’t accepted the order it can withdraw the product from sale and cancel the order. Exactly where you stand will depend on the website’s terms and conditions and the wording of any e-mail sent to you when you placed the order.

Many websites say in their terms that an order is only accepted when the goods are dispatched. Any e-mail sent to the customer beforehand is simply an acknowledgement of receipt – as opposed to acceptance - of the order.

READ AND CONFIRM THE DETAILS OF THE EMAILS
But in some cases the wording of the e-mail will have accepted the customer’s order and the customer would generally be entitled to purchase the goods at the advertised price.



What you guys said about how the contract is formed and all is true, but you are missing the point here. I made an offer to the displayed price and was denied, thats fine. But then the next man behind me makes the same offer to the same price and gets accepted. Then people that were in line before me, who also got denied at first, get accepted too. But I don't get accepted even after contacting the seller about this. That is discrimination, TFEU article 18. There is no economically viable reason to deny me and not the others, my credit card is good, my money is as valuable as the next ones. There is no reason to discriminate.



Ongoing bet with think-man: He wins if MH4 releases in any shape or form on PSV in 2013, I win if it doesn't.