query regarding purchase of mispriced items online

penski · 25 Mar 2006 at 19:06

Am I right in thinking that, if an item is advertised online at an incorrect price, and you then subsequently purchase it, the retailer can refuse the sale at any point up to when the monies leave your account but after that point, the item(s) must be provided at the purchased price?

If so, possible WOOT!

List Price: £3520
Our Price: £17.1

Pfffft!

Ebay a go go!

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penski · 25 Mar 2006 at 19:13

There's no way I'm telling you lot.

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penski · 25 Mar 2006 at 19:52

Usel said:
If the money has left your account then it's yours and they can't back out of it. Some people bought some xbox 360's with a bundled game that was mis-priced and the company tried to back out of it.

They threatened court action and the company backed down because they knew they would lose.

Got any links regarding this case?

cleanbluesky said:
Lifesize, motorised Hasselhoff sex doll?

You ordered one too?!

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penski · 25 Mar 2006 at 20:01

dbmzk1 said:
I think they have a year or even longer to sort the error out before you can safely say the item is yours for that price.

Can anyone give a concrete answer on this?

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penski · 25 Mar 2006 at 20:08

Energize said:
Erm, family forum people.

*puts the mustard sig away*

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penski · 25 Mar 2006 at 21:49

Duradrum said:
A retailer is completely within their rights to refuse to sell you anything, regardless of the correctness of price

Yes, I'm very much aware of this. My query was pertaining to whether the Invitation To Treat on their part by accepting my money (at the reduced, 'false' price) was legally binding or whether they had recourse for refund or return within a certain time frame.

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penski · 25 Mar 2006 at 23:06

Well it now says:

List Price: £3520.00
Our Price: £3327.78

I'm going to wait and see...If the money comes out my account, I'll contact them.

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penski · 25 Mar 2006 at 23:14

A multi-mode mechanic's diagnostic device.

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penski · 26 Mar 2006 at 00:19

DRZ said:
Exactly one hour after the answer was posted, you guess incorrectly - congrats on reading the thread

Quality

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penski · 26 Mar 2006 at 20:16

Jet said:
The companies terms and conditions will cover this situation. In the case of most companies on the internet there will be no way you can insist they send the goods. The terms of the contract will dictate different.

If you haven't reached the contract stage then no chance.

If the company does not have decent terms and conditions you might be able to insist on it being sent at that price if the contract is made.

Generally, all you can do is complain to Trading Standards for the misleading price and they may decide to fine the company. You won't receive anything though.

From their terms and conditions:

Price and Payment

The price payable for the goods you order is as set out on our web site at the time you place your order, plus any charges for shipping & handling as set out in the order form. We must receive payment for the whole of the price of the goods you order, and any applicable charges for shipping & handling, before your order can be accepted. If payment is not made you may become liable for any reasonable legal or other recovery costs.

And from their email sent to myself:

Order Details
Description
33020100: SMART
Qty
1
Price
17.10

Sub Total
17.10

Delivery
3.98

VAT
2.99

Total
24.07

Eeeeenteresting...

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penski · 26 Mar 2006 at 20:21

Furthermore:

Our Contract

These Terms and Conditions govern the supply of goods sold by <Company name>, <company address>, ( Tools", "we", "us" and "the company")through any and all websites owned by the company, to the customer named on the order form provided on the <domain>.co.uk website or domain owned by <Company Name> ("you"). Together with the completed order form, these Terms and Conditions constitute the entire and only agreement between us in relation thereto. Our acceptance of your order by delivery of the goods constitutes a legally binding contract between us on these terms and conditions.

Now that reads to me as 'If you fill in the order form, it is a legally binding contract'.

Obviously designed to save their asses in the event of someone ordering and not paying.

BUT...Surely that means that their acceptance of the same terms means that I (and the others who have ordered - at least half a dozen more) are due the product ordered at the price ordered?

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