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Discussion Starter · #1 ·
Gerry's of Morecambe are advertising Greys Apollo rods at £119.99, and had a combo offer with a choice of reels for £50 extra.

I ordered a 13ft Apollo and 525 reel for £169.99. Igot an email confirming my order for these items at the prices stated. I checked my Gerry's account on Friday which showed the order as despatched.

Just had a phone call from Gerrys to say that the reel has gone up from £50 to £100 for this deal and they won't be honouring my order at their stated price. I have an email confirmation of my order, and the website shows my order as despatched (but it isn't!) - and now they're wanting to go back on that agreement?

The combo offer has been pulled from the website.

This is the first time I've ordered anything from Gerry's who have an excellent record of customer service according to many articles on this site. What should I do? What rights do I have?

Earlier info on this thread.

http://www.worldseafishing.com/forums/showthread.php?p=1296441#post1296441
 

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Do their website pricings have an E & OE disclaimer?
If they dont, then as far as I'm aware, they have to honour the agreement, as it is, in effect, a contract.
Might be wrong though, has been known to happen :lmao:
 

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its probably a genuine mistake on their side, but its made worse by the fact that you did not get it b4 they realised their mistake.
badger them buddy.........
 

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Just got my copy of Sea Angler 7 August – 3 September issue. Gerry’s ad quite clearly states 13' Apollo now £129.95.

The 525 Mag is an additional £60 when bought as combo with Nitra, Supro, PZ Match, Triad or Triplex only.

Sounds like an Apollo stock clearance making way for new model – presumably called something like “Apollo Extreme” or other such nonsense.

“Chaos, Confusion, and Anarchy – my job here is done”
 

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The advert was quite clear and they should honour it, it clearly offered the apollo at £129.99 and the reel at £50.00 as part of a combo deal with the apollo at the offer price, i am no expert on trading laws but you do have the right to get your money back and go elsewhere!
 

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The advert was quite clear and they should honour it, it clearly offered the apollo at £129.99 and the reel at £50.00 as part of a combo deal with the apollo at the offer price, i am no expert on trading laws but you do have the right to get your money back and go elsewhere!
Yes, definitely get money back, but do not have to honour it if they have an E & OE disclaimer.
 

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They are under no obligation to sell you the items at the advertised price provided it was an error. Obviously it is. At least they notified you by phone. Talk to them, see if you can negotiate on the deal, you won't get the original price but with a bit of haggling they might come to some arrangement as a goodwill gesture, much better to do that than go down the legal route or ruffling a few feathers on a public forum. :)
 

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Discussion Starter · #9 ·
Just got my copy of Sea Angler 7 August – 3 September issue. Gerry’s ad quite clearly states 13' Apollo now £129.95.

The 525 Mag is an additional £60 when bought as combo with Nitra, Supro, PZ Match, Triad or Triplex only.

Sounds like an Apollo stock clearance making way for new model – presumably called something like “Apollo Extreme” or other such nonsense.

“Chaos, Confusion, and Anarchy – my job here is done”

Who mentioned Sea Angler???

Gerry's advertised this on Gerry's website, which was the only advert that I saw, and the reason why I purchased it from them.

What does E & OE mean?
 

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E&OE is an initialism standing for errors and omissions excepted. The phrase is used in an attempt to reduce legal liability for incorrect or incomplete information supplied in a contractually related document such as a price list, quotation or specification. It is often applied as a disclaimer in situations in which the information to which it is applied is relatively fast moving. In legal terms, it seeks to make a statement that information cannot be relied upon, or may have changed by the time of use.

E&OE is most commonly used in the United Kingdom and Ireland, and is less frequently used in other English speaking countries. It is also used in India and South Africa.
 

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Gerrys - Sea Angler price today £129.95

Gerrys - web site price today £119.99

Ask for your money back and cite breach of contract. The deal was misleading and still is - from what I can gather.
 

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The term E & OE can only be reasonably employed when it is a clear and obvious error. In other words had the advert offered the combo for £1.50 with the decimal point put in the wrong place then naturally they would be within their rights to refuse the sale. This advert was not an obvious error - just a good deal at the price.
It is interesting that you state that they told you the price had "gone up" which seems to indicate it was not an error and as such you were misled and they cannot hide behind the E & OE clause.
So, if they have offered it, you have accepted (placed the order) and tendered payment, then contract established. May be a question if they did not actually accept your payment before ringing to inform you they would not be able to supply at the advertised price.
Having said all that, I myself would try and get them to honour the agreement as a goodwill gesture and if not simply forget it and consider carefully if you wish to deal with them in the future.

Phil
 

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The term E & OE can only be reasonably employed when it is a clear and obvious error. In other words had the advert offered the combo for £1.50 with the decimal point put in the wrong place then naturally they would be within their rights to refuse the sale. This advert was not an obvious error - just a good deal at the price.
It is interesting that you state that they told you the price had "gone up" which seems to indicate it was not an error and as such you were misled and they cannot hide behind the E & OE clause.
So, if they have offered it, you have accepted (placed the order) and tendered payment, then contract established. May be a question if they did not actually accept your payment before ringing to inform you they would not be able to supply at the advertised price.
Having said all that, I myself would try and get them to honour the agreement as a goodwill gesture and if not simply forget it and consider carefully if you wish to deal with them in the future.

Phil
A good point, well made Phil :thumbs:
I'd be demanding they honour it too, but then I can sometimes be an arguementative son-of-a-b1tch at the best of times :boxing::boxing:
 

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If I were in your position I would not disclose my intentions or discuss them on a public forum. You have several other options P.M.'s being just one!
 

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E&OE is an initialism standing for errors and omissions excepted. The phrase is used in an attempt to reduce legal liability for incorrect or incomplete information supplied in a contractually related document such as a price list, quotation or specification. It is often applied as a disclaimer in situations in which the information to which it is applied is relatively fast moving. In legal terms, it seeks to make a statement that information cannot be relied upon, or may have changed by the time of use.

E&OE is most commonly used in the United Kingdom and Ireland, and is less frequently used in other English speaking countries. It is also used in India and South Africa.
Ahaaa, I see somebodies been using wookypedia :thumbs:
:lmao:
 
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Gerrys - Sea Angler price today £129.95

Gerrys - web site price today £119.99

Ask for your money back and cite breach of contract. The deal was misleading and still is - from what I can gather.
Website prices are quite often,in a lot of cases cheaper than the advertised shop price.It is faster and easier for a retailor to take payment via a website rather than manually over the phone,fax or over the counter.
 

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I would certainly ask them to honor it!

There has even been precedent for something like this. A well known online sports retailer last christmas had a wallet for sale on their website as £0.00 with free shipping.

Word soon got round that this was up and I, like many others, ordered one purely to see what would happen.

About 6 hours later I got an email saying they were consulting their legal advisors as to if they'd have to honor the price. Another email came round a day or two later saying that they did indeed have to honor it but, should anybody wish to show any goodwill as it was so obvious an error, then people could cancel their orders if they felt inclined to do so.

Excuse the boring story but:
If a big online retailer can't go back on an offer after you've made the order, I doubt Gerrys will be able to either!

Alex
 

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So, if they have offered it, you have accepted (placed the order) and tendered payment, then contract established.
This is where you're getting it wrong. Under UK contract law an advertised price is not considered an "offer" by the seller. Under the law it is the buyer who is required to make the "offer" - not the seller. An advertised price is merely a 'invitation to treat'. Basically the shop is saying to the prospectve buyer 'make me an offer' for a particular item but they they are not legally bound to sell the item at the listed price as there is no contract in existence at this stage of proceedings. The advertised price is simply the first stage, it's only an invitation to buy the product and is not in any way legally binding. It is up to the prospective buyer to make an "offer" to the seller. The contract is completed when the offer is accepted by the seller who is under no obligation to sell the buyer anything for whatever price until they actually agree to.

All that has happened in this case is that TB has made an "offer" to Gerry's based on an advertised price and Gerry's have seen fit to quite legally decline that "offer".
 
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