King Cobras

The confusion on the TSR code is my bad. I should have mentioned no discounts as presumably Brian could sell these 100 times over. Sorry - the road to hell is paved with good intentions. I tried y'all.
 
Am I missing something here, but I can't work out why the TSR discount code would only apply to some items and not to others?

Either it's a discount code or it's not.

I personally think the message that has been received back by Geordie Shaver is shockingly poor business practice and wouldn't have been happy if it had happened to me.
 
ajc347 said:
Am I missing something here, but I can't work out why the TSR discount code would only apply to some items and not to others?

Either it's a discount code or it's not.

I personally think the message that has been received back by Geordie Shaver is shockingly poor business practice and wouldn't have been happy if it had happened to me.
Click to expand...

OK. You are missing something. I shouldn't have posted this message really as lots of people had been on the wait list for cobras for a long time. Brian made it clear that no discounts would apply to those on the wait list and I should have done the same. It was my mistake both to post here and not to clarify about the discount code. I hope this clarifies things.
 
I've just looked at the listing on the Executive Shaving site for the second time and there is no mention of discount not applying - I'm not clear as to where it has been stated that a discount won't apply on the product - it's certainly not at the point of sale, hence my confusion.
 
OK guys. Let me try to clarify things. The only reason I knew of the stock availability was because of a wait list email. I was on the wait list for 15 months. The wait list email said No Discount, understandably given demand. It also stated if you tried to use a discount your order would be cancelled. I should have mentioned it but didn't think it through in my enthusiasm. It was my mistake. It was also a mistake to post, but I thought I'd try to give a heads up given these are very limited availability and I've received a lot of help from the forum.

I have PMed my apologies to Geordie Shaver.
 
It's not your fault.

Anyone of us could have been browsing the site and attempted to buy one with a discount code because it doesn't state anywhere on the website that the discount code cannot be used for the Cobra.

I
 
Hi Jeepie , I have to agree with the Guy's that you are entirely blameless in this and thank you for the P.M. to which I will reply later .
My bone of contention is with Brian for the way in which he has handled this matter .
I was not aware that the TSR discount code was not applicable to the King Cobra's and used it in good will . If he did not want people to use it he should have blocked it or made it plain to one and all .
He out of hand cancelled my order and refunded my credit card (I hope) ,but, being as popular as they are what would have happened if the Cobra had sold out before I had a chance to reorder .
I thought I had a contract with Executive Shaving for the sale of the King Cobra to which they have backed out of .
I know I am the "injured party" but I feel the customer service from Brian could have been a lot better and more sympathetic .[/i]
 
I'm in agreement that the order system should not have allowed the discount to be applied - the fact that it did and money was taken but then cancelled is poor practice from any viewpoint.

Brian is a member on here so maybe he will explain things.
 
I've got no part in this but I will say that all my dealings with Brian in the past have only been good. He's always been a gent and given me good advice and great customer service.

I cant comment on the original issue as I have nothing to do with that.
 
Brian is a good guy and gives excellent service.

Can I just say, you did not have a contract with him. Legally you had made an "invitation to tender" which he subsequently declined. Legally entirely ok. When you are buying something from a shop, for example, if they misprice something you can't just snatch it up and demand they sell it to you. They may choose to but cannot be forced to.


And if he made the position clear on the emails to the waiting list, that would appear to be reasonable.

Sorry. They are great razors and one will come around for you.
 
49er said:
Can I just say, you did not have a contract with him. Legally you had made an "invitation to tender" which he subsequently declined. Legally entirely ok.
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For good order, I would note that your advices are not entirely correct 49er.

It is the seller or shop who, by setting out goods with prices on them is making an 'invitation to treat'. In essence, this is an invitation for a potential buyer to enter into negotiations. The seller does not intend to be bound by the prices of the goods on offer - the actual contract of sale occurs when the seller accepts the buyer's offer to purchase the goods at a particular price. The buyer is quite free to make a reduced offer or a conditional offer and the seller may accept or reject this.

In the particularly curious case of the 'razor without the discount', IMO this is how the law would construe the situation:

1) The seller sets out the razor to be sold at a particular price.
2) The prospective buyer responds with a conditional offer to purchase the razor subject to a particular discount being applied.
3) The seller accepts the conditional offer (irrespective that this is done electronically by an ordering system) and hence a contract of sale has been concluded.
4) Upon reflection, however, the seller decides that he subsequently does not wish to accept the buyer's conditional offer and cancels the contract of sale.
5) Generally, this would be construed strictly against the seller as a breach of contract, and the injured party - the buyer - would be entitled to recompense including inter alia, specific performance i.e. the sale to go ahead at the conditional offer price.

But that is not the whole story. In this case, the seller made it clear to a select group of potential buyers that no discounts would be offered on the goods i.e. the particular razor in question. In law, he would have good grounds for a defence to show that he never intended that the goods be sold at anything other than their advertised full price and that the entering into a contract of sale with the buyer (who made the conditional offer) was a 'mistake'.

In practice, however, and for pretty obvious reasons, the law does not look favourably on sellers (or buyers for that matter) trying to claim that the entering into a contract of sale was a mistake. Clearly, this would open the floodgates for people who felt that their part of the bargain was not (with the benefit of hindsight) favourable and consequently the fundamental concepts of contract law (including, in old money - a man's word is his bond) would be thrown into disarray.

Disclaimer - I am not affiliated with either party in this matter and furthermore make no warranty or representation as to the accuracy of my advices, which are given in good faith only and should not be relied upon whatsoever!
 
Nico, I agree with all of the above except the bit about the select group of buyers.

If Geordie wasn't told that no discount could be applied then surely he should have been allowed to buy the razor at a discount?

If the seller has accepted payment the he is breach of contract.

Wouldn't it have been easier for Brian to put a rule on the website not to process the order for a Cobra with a discount?

Might have saved a lot of trouble.
 
Nico1970 said:
49er said:
Can I just say, you did not have a contract with him. Legally you had made an "invitation to tender" which he subsequently declined. Legally entirely ok.
Click to expand...

For good order, I would note that your advices are not entirely correct 49er.

It is the seller or shop who, by setting out goods with prices on them is making an 'invitation to treat'. In essence, this is an invitation for a potential buyer to enter into negotiations. The seller does not intend to be bound by the prices of the goods on offer - the actual contract of sale occurs when the seller accepts the buyer's offer to purchase the goods at a particular price. The buyer is quite free to make a reduced offer or a conditional offer and the seller may accept or reject this.

In the particularly curious case of the 'razor without the discount', IMO this is how the law would construe the situation:

1) The seller sets out the razor to be sold at a particular price.
2) The prospective buyer responds with a conditional offer to purchase the razor subject to a particular discount being applied.
3) The seller accepts the conditional offer (irrespective that this is done electronically by an ordering system) and hence a contract of sale has been concluded.
4) Upon reflection, however, the seller decides that he subsequently does not wish to accept the buyer's conditional offer and cancels the contract of sale.
5) Generally, this would be construed strictly against the seller as a breach of contract, and the injured party - the buyer - would be entitled to recompense including inter alia, specific performance i.e. the sale to go ahead at the conditional offer price.

But that is not the whole story. In this case, the seller made it clear to a select group of potential buyers that no discounts would be offered on the goods i.e. the particular razor in question. In law, he would have good grounds for a defence to show that he never intended that the goods be sold at anything other than their advertised full price and that the entering into a contract of sale with the buyer (who made the conditional offer) was a 'mistake'.

In practice, however, and for pretty obvious reasons, the law does not look favourably on sellers (or buyers for that matter) trying to claim that the entering into a contract of sale was a mistake. Clearly, this would open the floodgates for people who felt that their part of the bargain was not (with the benefit of hindsight) favourable and consequently the fundamental concepts of contract law (including, in old money - a man's word is his bond) would be thrown into disarray.

Disclaimer - I am not affiliated with either party in this matter and furthermore make no warranty or representation as to the accuracy of my advices, which are given in good faith only and should not be relied upon whatsoever!
Click to expand...

Yep I got it the wrong way round. Well corrected.
 
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