When can you involve Trading Standards?

FoxEye · 11 Dec 2010 at 16:43

Say a company offers a product for £55 on its web-site, for immediate dispatch (in stock). You order one immediately, because everywhere else it's £80-£100. Time goes by, your order never materialises, and you contact the seller.

The seller informs you they weren't actually in stock at the time of purchase; their website was wrong. They immediately invite you to cancel your order. You notice that the prices for items they do have in stock are all much higher (in line with everywhere else). The next model down is actually £20 more expensive! (I never noticed this at the time).

Each subsequent time you contact the seller they inform you that "stock is coming", but also advise you that "cancelling your order might be best".

You suspect they mis-priced the item and have no intention of supplying that item for the price you payed.

So now I'm wondering what the legal implications are. If I refuse to cancel, how long can they get away with non-delivery of the item? Indefinitely? Can they simply say "stock is coming" and never actually get any?

And if I do cancel (along with everyone else who made orders), and notice later that the price rises and stock mysteriously appears, do I have a case for my suspicion that they basically had no intention of honouring the contract at the price I paid?

Jono8 · 11 Dec 2010 at 16:49

Just cancel your order. You don't have a legal leg to stand on i don't think.

They have taken no money off you and a shop doesnt legally have to sell you anything.

FoxEye · 11 Dec 2010 at 16:51

Jono8 said:
Just cancel your order. You don't have a legal leg to stand on i don't think.

They have taken no money off you and a shop doesnt legally have to sell you anything.

They have taken my money. They took it as soon as I ordered.

Isn't that now a legally binding contract?

mangobreeder · 11 Dec 2010 at 16:54

most online retails state in the terms and conditions an order is not an order until it is dispatched

Jono8 · 11 Dec 2010 at 16:59

FoxEye said:
They have taken my money. They took it as soon as I ordered.

Isn't that now a legally binding contract?

I'm not sure. I think if they are willing to give you a full refund there is not much that you can do

.

FoxEye · 12 Dec 2010 at 00:06

mangobreeder said:
most online retails state in the terms and conditions an order is not an order until it is dispatched

But surely if they've taken your money that can't be right?

So, as things stand, they have £58 of my money, and I haven't even made an order? Doesn't sound right to me!

But then I'm not a legal person.

Fenris · 12 Dec 2010 at 00:14

They have done nothing illegal, they are offering you a full refund in light of an error on their part, all you can do is call them up, ask them if as a good will gesture they will offer you the product at a reduced price (meet them half way to the adjusted price) or simply get your money back and take it elsewhere.

To be honest just give them a break, they made a mistake and are offering you a full refund, don't be an arse.

Loki · 12 Dec 2010 at 00:30

Check their T & C's as their maybe something in the small print relating to price change variations and what they can and can't do. I have been caught on quite a few occasions by some of the companies operating out of the Channel Islands who mis price a product. The complete James Bond box set on DVD springs to mind when one of them sold it £40 cheaper than everyone else.

They are well within their rights to say that the advertised price was indeed a mistake and as such the deal is not legally binding. Your choice a full refund or buy the product at the correct market price.

Caveat Emptor - Let the buyer beware. If the deal is looks too good to be true then quite often it is too good to be true

FoxEye · 12 Dec 2010 at 01:51

OK. I guess I have no rights here, then. At least now I know, even if it wasn't the answer I was looking for.

I guess it's legal to take someone's money, yet have no intention of supplying the goods at the price paid, so long as you offer a refund when contacted by the buyer.

FoxEye · 12 Dec 2010 at 01:51

Fenris said:
To be honest just give them a break, they made a mistake and are offering you a full refund, don't be an arse.

I've waited a month for my goods - and you say I'm being an arse? OK, whatever.

Mr-White · 12 Dec 2010 at 01:55

Are they still selling the product at the higher price ?

MW

FoxEye · 12 Dec 2010 at 02:09

Mr-White said:
Are they still selling the product at the higher price ?

MW

They still have it listed for the price I paid. Out of stock. You can still try to buy them, it adds to your shopping cart just fine.

They're selling the next model down for £70 (£12 more). In stock. They're selling the next model up for £95. In stock.

The price of the product I bought appears to be an anomaly, but they haven't corrected it. It's very odd behaviour.

Mr-White · 12 Dec 2010 at 02:14

Have you questioned the pricing with them ?

MW

FoxEye · 12 Dec 2010 at 02:21

No, all my correspondence has been along the lines of "got stock yet?" to which the reply is always, "due next week".

Sidney James · 12 Dec 2010 at 02:46

This sounds like a scam where 'price checker' websites will pick up on the price (as you did) and put it at the top of the list in order of pricing.They then have you 'in the store' and hope that you will see something else that you like.Have you tried trading standards? its worth talking to them,I'm sure your order will never be fulfilled but at least trading standards might caution them...it is after all very unscrupulous practise

nightmare99 · 12 Dec 2010 at 19:06

I guess it's legal to take someone's money, yet have no intention of supplying the goods at the price paid, so long as you offer a refund when contacted by the buyer.

Correct.

It seems pretty clear that you suspected the price to be incorrect anyway, just take the refund.

JBuk · 12 Dec 2010 at 19:11

FoxEye said:
I guess it's legal to take someone's money, yet have no intention of supplying the goods at the price paid, so long as you offer a refund when contacted by the buyer.

Not quite as the way you word it would be illegal afaik, it is legal to take your money yet have in the terms of sale that until the goods have been dispatched then the contract isn't complete, hence the full refund.

rodo · 12 Dec 2010 at 19:29

invitation to treat isn't it?

JBuk · 12 Dec 2010 at 19:31

rodo said:
invitation to treat isn't it?

not really as they're not asking him to pay a higher price to supply him the item, merely that he can wait or get a full refund

FoxEye · 12 Dec 2010 at 20:01

rodo said:
invitation to treat isn't it?

Yeah that's something different again - eg person spots a TV in Tesco labelled as 49.99 instead of 499.99, Tesco just turn around and say "oops, that's not the right price." No money changes hands, Tesco aren't obliged to sell the TV.

The situation here is like me saying

"I have a new Ferrari for sale, chaps. I'll sell it to you for £9,999. The RRP is £100,000, good deal, eh?

"I'll take your money now, and give you an order # and an invoice. Please note the order isn't complete until your receive your Ferrari."

Then I hang on to your money until such a time as you realise I'm not going to send you a Ferrari, and ask for your money back.