Prices & the law

Posted by: RoyleBlue on 04 September 2004

Last Sunday I placed a web order for a tripod which would be delivered within 3 days.
It had yet to arrive so I emailed them today to see where it was and received a reply saying the price I "bought" it for was wrong as it should have been £40 more - where do I stand on this?
Posted on: 04 September 2004 by Simon Crosland
Read the terms and conditions of sale carefully on their website. If it says that they accept the sale as soon as your have a confirmation email, or as soon as you have pressed the "order" button, then you probably have a valid contract in which case they have to sell at that price. If on the otherhand they reserved the right to confirm the order later, they may be able to cancel the order.

I know people who have got bargains this way, and others who have ended up with nothing. So it can go both ways.

Cheers,
Simon
Posted on: 04 September 2004 by Mick P
You accepted their offer at the lower price and as such you had a contract.

However the law states that no one should suffer as a result of a genuine mistake and if they can prove it was a genuine mistake, they can withdraw from the offer.

However, if this puts you to an inconvenience or causes you to incurr costs, you can do them for consequential loss.

Personally I would ask them to honour the deal and take it from there.

Regards

Mick
Posted on: 04 September 2004 by Berlin Fritz
I take it these are the same people that are supposedly running the NHS ? Of course Service has a new meaning, yes you do want what we're giving you, no you don't want what you think you want, cos you're getting what we're giving you and bloody well liking it, innit

Graham George Of Noparticular *** Smile
Posted on: 04 September 2004 by RoyleBlue
Cheers.
Have emailed them asking them to honour the existing contract.
I feel Citizens Advice coming on!
Posted on: 04 September 2004 by Martin D
This article is interesting:
http://news.bbc.co.uk/1/hi/programmes/working_lunch/1752963.stm
Also a friend of mine saw a wrongly priced item in a clothes shop, it was something like £99.99 instead of the correct price of £199.99.
They would not let him buy the item! I don't know weather it matters if the item was on the net or a high street shop. A very grey area.
Martin
Posted on: 04 September 2004 by matthewr
"They would not let him buy the item! I don't know weather it matters if the item was on the net or a high street shop. A very grey area"

The advertised price is not an offer but an "inviation to treat". Your friend made an offer and they refused which they have every right to do.

The difference with the web situation (and in RoyalBlue's case) is that when you make an offer by placing an order the website software accepts your offer and so creates a contract. At least in theory -- I seem to remember that companies are not liable for mistaken web prices and that Kodak didn't have to honour the £100 camera deal.

Matthew
Posted on: 04 September 2004 by oldie
TOM Mad
oldie Wink
Posted on: 04 September 2004 by long-time-dead
Does the "Exeptions and Errors Omitted" (E&EO) ruling apply in the case of an error being made ?
Posted on: 04 September 2004 by Martin D
Tom
Close - it was a jacket, major well know store in Bristol
Posted on: 04 September 2004 by Martin D
Tom
Only just got that. Good job it wasn’t a cat skin umbrella.
Big Grin
Posted on: 04 September 2004 by JonR
Now that would have been cataclysmic
Posted on: 06 September 2004 by Nigel Cavendish
Mick is right.

If the offer price, whether on a price tag in a shop or on an internet page, is icorrect by mistake the vendor is entitled to ask for the correct price from the purchaser. The purchaser can then buy or not at the correct price.

Mnay big retailers will honour the mistaken price, unless the difference in price is excessive. It's is always worth asking them.

cheers

Nigel