What are my legal rights (purchase)

FlyingFish

FlyingFish

FlyingFish

Soldato
Joined
1 Jan 2003
Posts
3,092
Location
Derbyshire
Hi all

My scenario:

See item for sale on well known shopping site, and is something I want. So make purchase. Get email saying that my order has been received, and then get a follow up email saying that security validation has been successful and my order is being processed.

At that point I double check their web page and notice they have upped the price to £150+ more than what I ordered my item at.

I then check with my credit card company and they tell me that the funds have been paid. So I think great not long before item is on its way, nothing to worry about.

I've now checked my online creditcard statement and it shows that the money was taken out..... but has now been credited back!

The item is still listed on their web page, at the higher price and in stock.
I have'nt had any further contact or emails.

So legal boffins :) Where do I stand?

If they have made a mistake with the price, does it stand as I ordered at the lower price?

Does it make a difference that the item did get paid for, even tho they decided to credit the money back, without telling me.

Thanks for any input
Mick

BTW: I havent made any contact myself yet, not knowing my rights.
 
check the T&C's of the afforementioned retailer and you'll probably find they deem a contract to be formed when the goods leave the warehouse, as this didnt happen they will probably deny they were contracted to issue the goods at the price you originally saw them,

IF they deem a contract to be formed when they take payment then you have a stronger case,

there are also implications if it was an obvious misprice, which the £150 movement in price seems to suggest it was.
 
If they took the money out, they should have sent the item out and not been able to refund you without asking / telling you before hand, check the Terms and conditions, they probably say different.
 
Hi m8

I cannot find anywhere on their site that outlines this. They only mention how to return your product and how to cancel your order, and how/where to get support.
When it comes to the small print they seem to be lacking.


Mick
 
Almost all internet shops protect themselves from pricing errors now by stating that no contract is formed until the goods are actually despatched.

It'll be the same for you here so they can just refund the money and you haven't got a leg to stand on.

Don't bother wasting anymore time worrying about it, just move on!
 
This has come up several times, where a company has mispriced an item. There will be something in their terms and conditions to cover them for mispricing. I believe it is now more of a gesture of goodwill if a company does sell an mispriced item at the lower price.
 
It really doesn't hurt to drop them a line.
Even if as a good will gesture they offer you say a £10 or £20 off your next purchase - it's still a voucher :)
I find that online stores tend to be a lot more receptive when you drop them a "Please can I ask why...." type of e-mail rather than a "I demand my item at the lower price...." type.
 
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