Aussie traveller problem

[fergy]

as I posted yesterday I found a poptop extrusion kit on the aussietraveler website
the price of the kit was really good so I posted it in the "have you found a bargain" thread
I put one of these in my cart, they worked out the postage and I paid for the kit and postage via CC
now they are offering to sell the kit to me at "trade price" witch is around $600 dearer than what I paid for

I suppose the question is were do I stand? can I request that I get what was shown on there website and what I was invoiced for ?
or do I have to accept there offer and spend another $600 to get the item?

can any one shed some light on this please

[Murph]

If you have a contract to buy at that price I would insist they honour that price !  Take a snapshot of the website price ASAP .   If they carry on about it tell them that social media will convey their slick business dealings and then walk away !

[KingBilly]

Does their website have an errors and omissions policy on it?

KB

[fergy]

2. Order Acceptance:  No order shall be binding on ATRV until accepted by ATRV. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by ATRV of an order from the Customer. ATRV reserves the right to accept any order in whole or in part.  Where ATRV makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by ATRV.   

4. Title to Products:  Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to ATRV. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to ATRV, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of ATRV, to hold the proceeds of sale on trust for ATRV, in an account in the name of ATRV, until payment in full for the Products is made to ATRV

 Kingbilly they have this on there website but nothing else
since they have taken my money I suppose that I own what I ordered
I have paid for delivery of what I ordered so I shall wait and see if it arrives
Murph I did happen to get a screen shot because it was the only way I could figure out how to print it
still don't have dimensions so will have to wait till it gets here to design the rest of it

fergy

[tryagain]

Deals getting cancelled seems to happen on a semi regular basis on ozbargain due to price errors, have a read here http://www.lifehacker.com.au/2013/03/do-retailers-have-to-honour-advertised-prices/

[tryagain]

2. Order Acceptance:  No order shall be binding on ATRV until accepted by ATRV. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by ATRV of an order from the Customer. ATRV reserves the right to accept any order in whole or in part. 

To me it sounds like they are saying that you placed an order but they are not accepting it. I am not a layer but in my free but worthless opinion there is not much you can do. You may be able to get them to sweeten the deal a little bit more with the right sob story or in an effort for them to provide good customer service and avoid negative feedback online but AFAIK thats about it.

[Green rv]

damn.
 pity i only saw this now i had the atrv rep in today and would have brought it up with him
i might give him a call

which branch did you order it from

 
Adam

[fergy]

done it online
did contact the Melbourne office though to make sure that it was the full kit I was ordering
waiting for a call from the manager but wont hold my breath

they should just give the kit to me for pointing out problems with there website (witch they still have not fixed properly)
give them hell adam

[Garfish]

I'd try and push it, 
An advertised price is not a contract but an offer to sell so they don't have to sell at advertised price.

However my basic understanding of events are

1. You made an offer via the website
2. They accepted your offer by processing the payment and issuing the invoice.
3. There was consideration.

Based on the above in my opinion
There has been an offer and acceptance  and consideration the three elements that make  a contract between two parties.

Had they before processing the payment ( acceptance) gone that price isn't right then they are OK to change, but as they accepted (in my opinion).

Perhaps a call to the consumer group in your state for a bit of advice?

[fergy]

hey ross

that's about the way I see it
as it stands now they have my money, they wont supply what I ordered, and they have not offered a refund.
the only thing they have done is try to get more money from me by offering the item at a higher price

as you would no doubt guess I am still waiting for a call from the manager whereas I was assured he would call by 5pm yesterday

aside from that it did look like a good place to get all the stuff I need to build a body for on the back of fugly
them being aussie owned and when I called I got an aussie on the phone all looked good at the start
I suppose time will tell if that's actually worth anything
fergy

[Hoyks]

Their website is rubbish, but you can probably get something out of it. Know your rights, they have taken your money, so I would say that implies acceptance of the offer.
Stick it up them!

https://www.consumer.vic.gov.au/businesses/fair-trading/advertising-and-promotions

[Discoduck]

No question about it. On what you said get consumer affairs involved.

[fergy]

well I have been out of the office for 2 days
guess what has happened

NOTHING

still no phone call from the manager
they still have my money
I have not received an email from even though I have emailed them
its to late to call there office now(I have only just got back to mine)
will be on the phone in the morning first to them and then to CA
would have at least expected a phone call from them even if not the boss

not a happy camper
fergy

[jetcrew]

Wow ..do companies think operating like this will help them get more revenue..

You made an offer not only did they accept it THEY processed the payment and have taken your money..if they have done so with no intention of supplying what was charged for then that is fraudulent conduct IMHO.

This is stealing and makes them no better than the average con man ...

they have your money and you have no product ..very poor form I would be shaming the crap out of them

Jet

[Rumpig]

They've had ample time to contact you, your phone order is different to what mine would be, I'd be contacting CA before I rang them due to their piss poor form thus far.

[LB]

Just before Christmas I was looking at a C-Gear Mat alternatives for under our Gazbo, as the C-Gear ones where over $200 for 3x3. Whilst I was googling around I found that Kangaroo tent city had it on sale $109. What a Bargain! I ordered it, paid credit card and for pickup in store. After I had down this I browsed the other sizes and noticed whilst on special were no where near the discount of the 3x3. Clearly the price was a mistake on the website, so let see what happens. Next day receive email ready for pick up. Call son he goes and gets it all good. Next day check Kangaroo Tent City's Website and its now on special for $199. opps someone left the 9 off. Think it was good of KTC to honour their website.