Has anyone ever been successful in argueing a mispricing?

PiKe

PiKe

PiKe

Caporegime
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Just wondering, I placed an order for an item which was a fair bit below the price it should have been, about 25% of its real value but not ridiculously low.

"As you will have noticed the price of the product sold by our partner was a typing error: the price was below the real value of the item.

Legally, the order is not valid as the price is deemed vile."

Now I don't believe that the use of the word vile would be a legal term, I had not challenged their choice to cancel the order at this point but it looks to me like they're trying to put me off pursuing it?
 
Well legally they do not have to sell anything to you. But I guess that's not what you're asking. I think it really is down to the shop if they choose to honour it or not depending on how much money it's going to cost them.
 
anticonscience said:
Well legally they do not have to sell anything to you.
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They do according to the terms they outlined, they accepted the money and thus entered into a contract.

There is however a 'marketplace' involved which the company was selling through, the fault was that of the middle man, but the terms and conditions outlined still make the order valid.
 
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There's always things in their T&C's that allow them to get out of it, I see this a lot on the sexy forums in the bargain section

They don't have to sell you anything
 
bledd. said:
There's always things in their T&C's that allow them to get out of it, I see this a lot on the sexy forums in the bargain section

They don't have to sell you anything
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There is no 'get out clause' in their t&c's.

If it's allowed here is the link to them:

Note section 3.2
 
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There is no legal requirement to sell at an incorrectly advertised price. A stated price does not constitute an offer to sell and is therefore not by itself a contract. Legally speaking, a displayed price is an invitation to treat.

i) Vendor displays an item and price, inviting potential customers to offer to buy.
ii) Customer offers something (usually money, but not necessarily) in exchange for the item.
iii) If both parties agree on the exchange, then a contract comes into existence.

The vendor declined the OP's offer to buy, so no contract exists.

It is technically legal to display anything you may legally own in a shop window with a price tag on it, even if it is illegal to sell it. There is legal precedent (Fisher vs Bell, 1961). I wouldn't like to risk it myself, though.
 
Why is the retailer in this instance so ready to start bringing legal terms into it though?

A typing error would be a misplaced decimal not completely different numbers.
 
They'll probably offer you free shipping or a voucher as a good will gesture if you keep pushing..
 
PiKe said:
Why is the retailer in this instance so ready to start bringing legal terms into it though?

A typing error would be a misplaced decimal not completely different numbers.
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No it's a typing error, they could have read the price from another item on the list.
 
Leather Jacket last night, 50% off marked price sticker on it, turns out it was only 40%, didnt even have to argue, shop assistant just aplogised for the error and wacked another 10% off it!
 
Once i purchased a 24 flat screen monitor for £25 they took the money i then cancelled my card, they had no option but to send me the product, the contract was done. They tried to send me a cheque, i didnt cash it in, it took 2 months to get it, got the help from CAB.
 
bledd. said:
They'll probably offer you free shipping or a voucher as a good will gesture if you keep pushing..
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I'm going to because the replies im getting at the moment aren't making sense.

"An order was never processed with us"

Yet I have an email confirming the order with an order number in :confused:
 
I have bought few games lately online from various shops that put the wrong price, I got the items delivered for the low price even though they did fix the price soon after I had placed my order.
 
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