query regarding purchase of mispriced items online

There are froums dedicated to things like this somewhere on the internt :D

Theya re always finding mess ups and people get what they pay for most the time :D
A year or 2 ago American Airlines messed up and people got flights from somewhere in America to London i think for only $20.(somthing like that, i cant remember the exact details but they saved a lot) :)
 
It's an 'invitation to treat' and they can refuse you the sale at any point for any reason. If however it's done with an automated system and money is taken from your account then this itself constitutes a contract between you and them which they must honour.
 
There are two related things here.
Firstly the actual price of the item, and secondly the ordering method.

afair if the retailer uses an automated system, then the order isn't accepted until despatched - and if the item price is 'obviously' incorrect then the retailer can cancel the order.
The word 'obviously' is open to interpretation.

I believe the Kodak camera fiasco brought this to court?

I think the judge was trying to help retailers that use automated ordering systems where there has been a genuine mistake in entering a price.
 
As far as I remember, it depends on the terms and conditions that the company use - there was a big case on this recently involving a certain catalogue company (mentioned above), and I think they said that the orders did not have to be upheld. If you want to read more about it, then try the link... it's quite a good summary (am hoping this doesn't infringe competitor thing...will remove if so).

http://www.oxilp.ac.uk/index.cfm/section.dec15
 
oxist258 said:
As far as I remember, it depends on the terms and conditions that the company use - there was a big case on this recently involving a certain catalogue company (mentioned above), and I think they said that the orders did not have to be upheld. If you want to read more about it, then try the link... it's quite a good summary (am hoping this doesn't infringe competitor thing...will remove if so).

http://www.oxilp.ac.uk/index.cfm/section.dec15
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I don't think this is what he is asking. He wants to know if they can demand the money or the goods back at a later date.
 
I ordered a hifi from Tesco, on the website it said £340 which was like £100 cheaper than everywhere else, then a few hours after id ordered i looked on the site and it had gone up to £420 :D . I still recieved my hifi 5 days later and no extra was charged, you just have to jump in when you see mistakes or you miss out.

Mark
 
danrok said:
I don't think this is what he is asking. He wants to know if they can demand the money or the goods back at a later date.
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Dunno, I just read the first post which said "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?" and jumped straight in... fine lawyer I'm going to be ;) Same situation though.
 
oxist258 said:
Dunno, I just read the first post which said "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?" and jumped straight in... fine lawyer I'm going to be ;) Same situation though.
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That's always been my understanding - once the money has changed hands the deal is done.
 
danrok said:
That's always been my understanding - once the money has changed hands the deal is done.
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Not necessarily, which was suggested in that case. Before the money is taken from your account, they can argue no contract. But even after the money has changed hands, they could argue that the contract should be void due to mistake - especially if you were knew for definite that they had made a mistake, and that made it wrong for you to profit. The Consumer magazine, Which?, said something similar.

If you can get away with it, Penski, then good luck ;) You can partly put the Argos case down to the sheer number of people who would have profited (letting 10,000 buy a TV for 49p would have been crazy) - but if you're the only person that took advantage of it, then they might try and avoid the fuss and be smarter next time!
 
I bought an lcd tv a year and a half ago which was £300 less than everywhere else. After my purchase the price went up by £250 but I recieved the tv at the lower price
 
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.
 
my parents had a similar sort of thing happen to them

basically my grandad used to work for them and gets 50% off all purchases

we ordered a 3 piece suite (chairs and sofa) and got 50% off using my grandads discount

Now due to a few delivery hiccups etc we complained, the nice girl at the other end of the phone apologied quite a lot, and while taking said oh we will refund you 25% for your troubles, whilst qouting the full price (remember we already had 50% off but she doesnt know this as its not on her system)

end result we get sofa etc for 75% off, Next ran us a week later (a bloke this time, basically probing for how much we paid, end of story they could have asked for the money back, but instead let us have the discount, so not to annoy us etc)
 
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.
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I'd have to disagree, they would have to find out before they sent the confirmation e-mail (which is automated I think?) otherwise the contract will be formed after the confirmation e-mail.
 
The Kodak case was all down to the wording of the email (I remember it well, I got the camera and everything)

It all boils down to what constitutes acceptance and a contract. If you look at most emails sent out by companies now they say "confirmation of order", they are not an acceptance. To use OcUK as an example, your confirmation of order comes when you submit your order via the website, the acceptance of order comes when they send you the second email.

The thing with the Kodak case was that the first email recieved was worded as an acceptance, a reciept and a promise to ship, rather than a confirmation of order.

That's why the Kodak case went against them, and it cause most online retailers to double and triple check their wording and systems.

There's also an expectation for any price given to be 'reasonable'. For example, The argos TV's for 49p was never going to fly no matter what the wording said because no reasonable person could believe it to be anything other than a mistake.
 
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.
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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.
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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
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Eeeeenteresting...

*n
 
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.
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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?

*n
 
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