Hello,
Paid for two TVs at a special price yesterday for a Friday delivery. Then today I was told they only have one and offering a refund.
I don't want a refund, I want a 55" Samsung LED for $750. They told me if I wanted a more exp TV i'd have to pay the difference.
What should I do?
dicksmith.com.au
Samsung 55" Full HD LED LCD TV UA55EH6000
$749.25
(because I know I'm not the only lazy person here)
What should I do?
Be thankful you got 1?
But he paid for it?
Me thinks this person is moving to Nimbin :-)
(but has a computer to post on here… ???)
I guess he wants us to join him selling our TVs as he did when he sold his 55" LG TV in November of last year http://www.ozbargain.com.au/node/83181.
Please tell me this is a joke. You come off as a spoilt little child.
why am I a spoilt little child? I paid for something which they advertised and they took my money. I don't expect to be told the next day that they don't have it anymore?
I bought it physically from the store
You, in all likelihood, grabbed a TV for well below what Dick Smith paid for it as they are clearing out old models.
Now someone has made a mistake and oversold one of the units and has offered you a full refund.
Take the refund and move on with your life.
For the love of sweet sanity, it's not the customer's responsibility to ensure the seller makes a profit.
First year uni business law, buy the same model elsewhere and ask dse to compensate you the difference.
hey man thanks for the suggestion butt its a bit late now i have acvepted another tv. also i dont think first yr law student is relevant
haha first year uni law students make me laugh!
A similar case happened to my client a year ago. If you can quantify the damages due to breach of contract then you get to ask for compensation. Fyi i work in a professional industry not a first year student.
How do you even have clients as a first year student?
Because i paid attention to what people said and wrote.
Applying first year contract law to the real world doesn't just sort out all your problems.
I agree, a bit :-)
Usually sale items have a statement saying while stocks last but they took his order and payment? Their ordering system has failed through their own negligence?
The tv (samsung yuk) was heavily reduced so I can imagine him being a bit annoyed at missing out on scoring double with the deal.
Was there anything saying only one per customer?
no, definitely nothing saying one per customer.
If they told me when I was at the shop they only had one, I would've gone to another store for the other one.
Not much you can do… roll with it. Next week there will be another amazing tv deal, hopefully a LG! :-) TV's are one of those things that just get better and cheaper all the time.
Don't care for LG myself, maybe when the webOS powered ones come out I'll have a look
LG > Samsung? Seriously?
Seriously
Holy cow, are you for real? Seriously?
I've lost all faith in humanity.
I've lost all faith in humanity
Lol at this comment, some people do something silly and everyone makes this comment, mostly for likes(on Facebook)
So let me get this right:
Churches abuse small chidren for decades: still have faith in humanity
Syrian troops slaughter their own women and children: nope, faith still good.
One person wants to enforce their right to get what they apid for: Oh thats it, my faith has gone. Rage!!!
Just unbelievable. Maybe get outside a bit more or read a newspaper, there is a whole wide worls out there.
Demand for the next model up??? If you're gonna steep this low, you might as well go to the extreme. Demand they give you this TV at no extra cost http://dicksmith.com.au/product/GE6628/sony-60-quot-150cm-fu… , plus free bluray, speakers and a complimentary massage.
happy ending or no deal
Also agree, I think a prompt refund is fair. They weren't holding onto your money for that long & giant retailer or not, pushing them to compensate you in some way is unreasonable as they haven't really caused you any grief
All fair, but really I would ask them to help you out. If they screwed up the least they could do is offer you any single tv in the store at cost price
you guys are probably right but I'm just venting my disappointment as I've been waiting for a good price to buy two TVs for a couple months now.
Thanks for the comments
are they charging delivery? If yes, you should get that refunded because you will be up for it again once you buy your second 55 inch from somewhere.
yeh I was happy to pay $60 delivery for two TVs but if I can't work something out for the second TV, I'll get that refunded and go pick it up myself.
Hi edwinlin88,
Can you please contact our customer liaison team on (02) 9642 9587 (9-5pm Mon - Fri) so that we can assist you to resolve?
Thank you,
The Dick Smith Team.
You could argue they've tried to switch and bait you into a more expensive or different model. I had Fishpond do something similar a few times before and on one of them instead of letting it go i chased it up and they honoured it.
You'd probably need to search through ACCC site to see if your circumstance fits like under bait advertising.
No.
They offered him the full refund first, then when he asked about getting a better TV they said he could do that but would have to pay the difference.
Not a bait and switch at all.
Fair enough. Thought being in store the fact that they said he could have them and now they don't have the stock is similiar to the wording of bait advertising.
"Bait advertising
Bait advertising takes place when an advertisement promotes certain (usually ‘sale’ prices) on products that are not available or available only in very limited quantities. It is not misleading if the business is upfront in a highly visible, clear and specific manner about the particular product ‘on sale’ being in short supply or on sale for a limited time."
But I guess it wasn't advertised as a sale and they never alluded to having more stock than what was on show.
I think the term is 'bait and switch'… It wouldn't really work the other way around.
The retailer may be at fault, but the reason you haven't gotten much sympathy in this thread is because people think that getting two 55" TVs at that price is greedy, and why not be happy with one. Pursue it further if it's worth your time and effort, but seriously - you got one, and worse things happen.
Agree, about the sympathy assessment, but really some people should be less judgemental. Not everyone is a spoilt brat brodening every bargain.
There have been deals where I have bought more than one, for a family member or friend. As much as I like sharing with OZB I also like sharing with friends.
Back on topic, if by buying the two, at the store the person missed out buying at another store, I think there is something that DS should do.
Just getting a refund, isnt the way to go.
What if they took the money on one and didn't deliver, then the issue would be still the same.
I guess DS needs to look at customer satisfaction here. They did honour the Telstra modem deal last year
"It's outrageous, egregious, preposterous."
Ooh, I think I am channeling Jackie Chiles.
Well if you paid and have a receipt, including delivery, then technically they should honour the contract. They might have to ring around stores or get one from elsewhere. I believe under contract law you have a right to the tv, and if they cannot supply it then the amount they owe you is the amount it would now cost to purchase that tv elsewhere (reasonably), ie more than you paid.
Why? Imagine two companies having a sale. One genuine, the other false. If the false company undercut the genuine one, then failed to deliver, the consumers would be out of pocket as they could have bought the genuine sale item at the time. Std contract law. You would have to have a receipt though, and not merely paid a deposit as there may be get out clauses in the agreement.
It might help your cause if you could show that it was also on sale elsewhere and you chose dick smith over another retailer, and now you cannot get it anywhere at that price due to Dick Smith's error.
Ultimately it depends on what resolution you want. If you really want that second tv I would probably ask for a discount on a second, but better tv, or ask for a full refund on delivery (ie free delivery for the one tv they supply), or extended warranty, hdmi cables.
In that case find another amazing deal elsewhere during the period that has now expired eg the LG for 808 from memory…
wow, talk about a bunch of entitled 1st world problems
First world problems are still problems…
I think they should offer you at least a 20 percent
Discount and a similar tv size for same price free
Delivery and a $ 50.00 gift card for their mistake.
Or them finding the same tv at another store
You should call call Dicksmith head office and
Complain and get all of the above mentioned.
I had something similar happen to me in
Masters online product i purchased.
It was also a clearance item and they offered me
A very similar product with a store gift card,
Discount snd free delivery was valued at $120.00
Which i didnt pay they did.
So dont give up keep asking for what you want
It their mistake not yours let us know how you go.
I can understand that you are upset, but this is standard. When you purchased it you agreed to T & Cs.
Ts and cs don't mean stuff all, it the law that matters. Hence every one say 'when not in breach of your statutory rights….'
I think had you not posted this deal on OzBargain you would have your two TV's now. The minute you did that they would have been walking out the doors. First rule of posting on OzBargain should be make sure you got your items locked down first before telling everyone in Australia.
Wow, harsh people. I would be disappointed too. Perhaps accept that they can't get you the TV you paid for, think about what it is you would like to happen now, if your request is within reason I am sure they would agree to it, to counteract the bad publicity alone would be worth it. You could just accept a refund but, really, why should you have to? You didn't just order 2 TV's, you paid for them, different ball game in my book. If I was you I would check my rights prior to speaking with them again. IMHO I don't think you are greedy.
Someone needs to be made accountable, or the whole system is open to corruption
actually that's very true. You cant just take a customer's money and then tell them it's out of stock. Opens up potential to all sorts of dodgey.
Where the hell am I?
Oztralia brah
It's a risk taken when buying a low stock item, the website prompts you to call store to confirm. I do feel for you, and it's amazing your deal received over 100 votes for a low stocked dse item.
I did. I called both stores, reserved both of them then drove to the Burwood store to pay for them in person.
Its Samsung, they probably get paid to vote….. :)
ah the negative votes prove my point…
PM me and we can get you more money, I make a negative comment on Samsung, you vote it down and they pay you….
http://www.pcadvisor.co.uk/news/tech-industry/3442252/taiwan…
You made a lame joke/stupid comment you get negs, that's the way it goes. Linking that site beforehand would have been better. They also haven't even been found guilty.
Linking that site beforehand would have been better.
Point taken.
As for being found guilty they have already admitted it, just havent been fined….
Have you contacted Dick Smith's Liaison Officer and raised this concern?
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deliciously insane
Why say something stupid lilaznboi.
Mostly makes sarcastic comments.
They have to give the Samsung tv to you by law if you have already paid for it. Just go to the consumer protection site and the info will be there for you.
According to contract law as soon as you pay for your items you are entitled to what they have promised. If they can't deliver the "remedy" depends on the contract. In this particular instance I don't think they needed to offer anything other than a refund of either one or both TVs. Sadly if you have a look at the t's and c's on their website it does say they aren't promising anything but merely doing their best effort which does not amount to a contract.
They didn't mislead you, they simply made an error. They attempted to fix the error how they could without getting themselves fired.
No a contract is formed when there is offer and acceptance. Taking your money does not automatically mean acceptance and many online businesses have clauses which state a contract is not formed until when they dispatch the item so that they don't get screwed over by these sorts of things.
In this case a refund is a suitable remedy.
correct me if i'm wrong, but isn't consideration also necessary to from a contract? So if a theoretical buyer makes an offer to purchase a product and the merchant takes the money, isn't that consideration and hence acceptance?
Consideration is necessary to form a contract, but in this context it means a promise given in return for a promise received. In this example, money is given and in return the goods are received. Since the latter did not happen, no consideration was given and therefore no contract exists between the retailer and the customer.
What Cairnsn said. Just because payment has been made, does not mean acceptance has occurred as the offer is made on the basis of the T&C which states acceptance occurs at a specific time, even if consideration is paid before acceptance occurs.
My opinion is:
Take the refund, put it into a high interest savings account, put in an extra $10 per week, wait till the EOFY sale which is just around the corner during which you would be able to get a better TV with the money you will have.
It is definitely wrong for them to take your money and say you'll get two TVs when they haven't got the stock and can't/won't get more stock in. Also showing a very lazy attitude in just wanting to give you a refund and not trying their best to ring other stores or offer you a similar product at about the same price range - shows that they don't care if they lose a customer or two, which is a very sad thing to see in business.
Like ozshaz said, if you really want the TV, you could ring the Liaison Officer:
Store Customer Service Feedback:
Customer Liaison: (02) 9642 9587
(9am – 5pm AEST Monday to Friday)
and see if they can help in any way, maybe speak to the store manager/owner, see if they are willing to help you.
BTW just did the calcs. Approx 6 weeks from now he would have around $815 instead of $750 ($4.xx interest based on 5%)
Smarter idea, as an ozbargainer you no doubt have plenty of impulse bought items around the house that are either still in the box or used once or twice only. Make a list, chuck em on ebay\gumtree and use the profits to finance your next impulse/totally-not-required-but-want-it-anyway-purchase :)
it just lazy staff. just be happy u got refund.
Rage on their facebook site daily, and someone will call you back in 2 weeks.
At first I thought this was snark, but then I realised it's probably the best you could hope for.
If they are out of stock, they are out of stock. It's a stock-leveling error on their behalf of course - but what do you want them to do about it? Pull a clearance TV out of thin air? Either take one TV and get a refund for the other. Or tell them that you don't want either and get a full refund and move on.
Ring Ballarat or bendigo stores, they always have stock. Then get em to transfer it
The more I hear about DSE the more I tend to regard them as less then highly reputable. I've had two doggy dealings with them myself and will always look elsewhere before looking at their "deals".
In this case, after failure on their part to fulfill the legal and binding contract, you have every right to submit a complaint to your State Fair Trading organization.
If nothing else, at least you would have the satisfaction of knowing that your case is officially on record for others to see.
I've had a similar shopping experience with another retailer, but that experience was very positive. The retailer told me the item I bought and paid for was no longer available. In order to keep me as a loyal customer they offered to provide me with another item that was actually several hundred dollars more expensive. I jumped at the deal and since then have always had positive a shopping experience from this particular franchise outlet, Betta Electrical.
For some reason, consideration of customer loyalty seems to have slipped completely from the retailers mindset nowadays. It used to be one of the most important strategies of a successful business operation.
The overwhelming majority of products advertised on OzBargain fall into the luxury category yet here are a group of luxury product discount-seeking shoppers criticising another because of a merchant's failure.
The annoyance one person feels towards another's behaviour is invariably the result of that behaviour being inherent to person who feels annoyed.
How disappointing :(
A refund is the best you're going to get.
Look on the bright side. At least as regards that second set, you may have dodged an unreliability bullet.
Samsung tv's have just come out very badly in the latest 'Choice' mag reliability survey. My set - bought about a year ago - came with a fault out of the box.
Samsung phones did well though. Second, reliability-wise.
Can't be too long before there is a 55 inch model…
Geeze, that'd be a drag in your pocket.
I can vouch for the unreliability of Samsung tvs :-(
Accept the refund and sign up to the gym and lose some weight.
Look there's probably things you can do , fight with the store, take it to the ombudsman , small claims court, head office and on and on.
The real thing you need to answer for yourself is it it all going to be worth it in the end.
If you could afford cash for the two large TV's , that tells me you do have the temprament to save and be sensible. Consider if it is even worth fighting.
Yes it might cost an extra 50 or 100$ in a different store, but if the store did a mistake as long as they apologise and were honest about it, I might let them go. If you are so keen ask the store manager to throw you a cheap freebie as a "go away / Inconvenience gift".
Hi edwinlin88
Thanks very much for sharing your experience.
Couple things.
1. Your post is useful, despite what some people are saying as its helpful to know the DSE don't honour this type of pre-order or at least are not organised enough to handle it. I'm not sure consumer laws specifically can help but knowing they are doing this is good to know for the rest of us deciding who to buy from. I note DSE is doing a lot of dodgy/questionable stuff. I see post after post on Ozbargains for deals that do not exist… (out of stock every time!) so I'm getting sick of this and I think its important people start to see how questionable DSE is. I personally have minimized/stopped dealing with them when they refused to honour warranty on a smart phone and told me to go to the manufacturer as they don't do warranty instore. (As you may know that's not legal because consumer law says we can get warranty from either the store or the manufacturer)
P.S. Do let DSE head office know.. not sure they will care but its always good to offer feedback. Competition is good.
thanks again for your post.
Paul
Hi everyone,
Thank you for all the comments & healthy discussion around my experience with Dick Smith.
Dick Smith have offered me the SONY KDL46EX650 46" LED which is priced at $798, so technically they're giving me a $48 discount off it for my trouble.
I have accepted the offer because I really can't be bothered thinking about TV models anymore and just want to go pick it up today.
I believe this happened due to genuine staff error/ bad mgmt of inventory and not due to them refusing to honour a price.
I am slightly disappointed but overall not too devastated as I am still getting my two TVs by the requested date (Friday, which is today).
SONY is a much better TV imho.
totally agree
Better brand TV, but it's 46" versus 55", bit of difference.
sit 3 feet away from both tvs, i guarantee you won't notice the difference.
it appears that this is the strategy that retail uses a lot these days i.e. get you excited about some good deal then telling you oops not available.
well… don't shop at dick smith is the best response.
shop somewhere else, this kind of mistake will generally happen there too
no i dont believe this was a "strategy", just a genuine mistake by one or two staff (but the business should still be held accountable)
I think it's a definite strategy on woolworths' (dick smith) part… you only have to look at the number of 'deals' on here that are out of stock immediately to see that. this isn't incompetence or the occasional mistake on woolies' part, this is deliberate unethical conduct IMHO.
give us some more details about:
- who they are.
- what was the model number.
- how much did you pay.
then see if you can get it cheaper and buy both else where.