ChatterBank0 min ago
Website pricing error but goods delivered
6 Answers
Hi
I recently found a pricing error on a website �18 instead of �400+, and I order two of the items. The T&C's have the standard, order acknowledgement does not infer a contract, but the order confirmation is acceptance of the offer and once they have sent an order confirmation that the Contract is concluded.
However their T&C's also state that they are under no obligation to provide the product at an incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by me as a mis-pricing even if they have ALREADY sent an Order Confirmation to me.
So I have the order ackowledgement, I have the order confirmation, I have the goods, but now the site (major electronic manufacturer) is stating they want to collect the goods because of the error.
Surely if this was acceptable any site could claim the price was wrong after someone bought something and ask to either collect the goods or take the extra payment.
Can I legally keep them if I want too?
I recently found a pricing error on a website �18 instead of �400+, and I order two of the items. The T&C's have the standard, order acknowledgement does not infer a contract, but the order confirmation is acceptance of the offer and once they have sent an order confirmation that the Contract is concluded.
However their T&C's also state that they are under no obligation to provide the product at an incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by me as a mis-pricing even if they have ALREADY sent an Order Confirmation to me.
So I have the order ackowledgement, I have the order confirmation, I have the goods, but now the site (major electronic manufacturer) is stating they want to collect the goods because of the error.
Surely if this was acceptable any site could claim the price was wrong after someone bought something and ask to either collect the goods or take the extra payment.
Can I legally keep them if I want too?
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Surely if this was acceptable any site could claim the price was wrong
No - it was blatantly obvious that the price was wrong and this is covered by general contract law - no enforceable contract is formed in such circumstances.
Where it is less obvious - eg �350 instead of �400 - then claiming the price was wrong is far more difficult to prove and is unlikely to succeed
No - it was blatantly obvious that the price was wrong and this is covered by general contract law - no enforceable contract is formed in such circumstances.
Where it is less obvious - eg �350 instead of �400 - then claiming the price was wrong is far more difficult to prove and is unlikely to succeed
They have accepted your money and delivered the goods. To me that sounds like their mistake. Keep the goods and let them fight for them.
A couple of years ago I was looking for a DSLR, found a web site with a very good deal (body & 2 lenses for same price as body & 1 lense on other web sites) which I thought was too good to be true. I queried price via phone and email, both responses were 'yes, price is right'. I ordered camera but only got body & 1 lense. I contacted them advising them of the shortage and the 'extra' lense duly arrived a few days later. Ad on web site was changed shortly after. I saved about �200.
A couple of years ago I was looking for a DSLR, found a web site with a very good deal (body & 2 lenses for same price as body & 1 lense on other web sites) which I thought was too good to be true. I queried price via phone and email, both responses were 'yes, price is right'. I ordered camera but only got body & 1 lense. I contacted them advising them of the shortage and the 'extra' lense duly arrived a few days later. Ad on web site was changed shortly after. I saved about �200.
http://news.bbc.co.uk/1/hi/uk/4204002.stm
A consumer expert told the BBC the transactions would be void because both parties would know this was a mistake.
A consumer expert told the BBC the transactions would be void because both parties would know this was a mistake.
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