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  • FIRST POST
    • HD1882
    • By HD1882 29th Nov 17, 11:19 AM
    • 20Posts
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    HD1882
    ECP Price Error
    • #1
    • 29th Nov 17, 11:19 AM
    ECP Price Error 29th Nov 17 at 11:19 AM
    Hi,


    I bought some items form eurocarparts, the sale went through, I received an order number and they took my money from my account.


    A couple of days later I received an email saying their was a pricing error on their system and they will not be fulfilling my order.


    Today I received an email saying "thanks for your request to return the goods and receive a refund" (I didn't ever request this.) A minute later another email saying "your refund has been authorised".


    Can they do this? I want the product I ordered for the price I bought it at. They had already taken my money so isn't that were the contract for the sale of goods starts?


    Also can they request a refund on my behalf?!


    Appreciate any help on this.


    Thanks
Page 1
    • cono1717
    • By cono1717 29th Nov 17, 11:26 AM
    • 644 Posts
    • 452 Thanks
    cono1717
    • #2
    • 29th Nov 17, 11:26 AM
    • #2
    • 29th Nov 17, 11:26 AM
    Check their terms and conditions you will likely find they won't be bound to any contract until the goods are dispatched. Which means that yes, they are within their rights to do this. You could ask them and see if they will give any discounts as a GOGW.

    Edit:
    3.2 If you are purchasing Goods and/or Services via our website, subject to clause 5, no contract for the supply of Goods and/or Services ("Contract") will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched or start performing the Services (whichever is the earlier).
    • HD1882
    • By HD1882 29th Nov 17, 11:35 AM
    • 20 Posts
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    HD1882
    • #3
    • 29th Nov 17, 11:35 AM
    • #3
    • 29th Nov 17, 11:35 AM
    okay, thanks for the info.


    How does that work if it was a store pickup?
    • HD1882
    • By HD1882 29th Nov 17, 11:40 AM
    • 20 Posts
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    HD1882
    • #4
    • 29th Nov 17, 11:40 AM
    • #4
    • 29th Nov 17, 11:40 AM
    "or start performing the Services (whichever is the earlier)."


    what does this mean? The order was confirmed on screen including an order reference and a summary of the order
    • tykesi
    • By tykesi 29th Nov 17, 11:48 AM
    • 1,844 Posts
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    tykesi
    • #5
    • 29th Nov 17, 11:48 AM
    • #5
    • 29th Nov 17, 11:48 AM
    Read the T&Cs
    £2017 in 2017 - £6362.49
    • marliepanda
    • By marliepanda 29th Nov 17, 11:58 AM
    • 4,849 Posts
    • 9,775 Thanks
    marliepanda
    • #6
    • 29th Nov 17, 11:58 AM
    • #6
    • 29th Nov 17, 11:58 AM
    Hi,


    I bought some items form eurocarparts, the sale went through, I received an order number and they took my money from my account.


    A couple of days later I received an email saying their was a pricing error on their system and they will not be fulfilling my order.


    Today I received an email saying "thanks for your request to return the goods and receive a refund" (I didn't ever request this.) A minute later another email saying "your refund has been authorised".


    Can they do this? I want the product I ordered for the price I bought it at. They had already taken my money so isn't that were the contract for the sale of goods starts?


    Also can they request a refund on my behalf?!
    Originally posted by HD1882
    Whats the pricing error? Its its a hugely obvious error, they can absolutely cancel.

    If its just a 'good deal' which could quite feasibly be possible, you may have a chance if their terms say contract is formed at payment. However if they say contract formed at dispatch, then it hasnt formed yet.

    Payment =/= contract.
    Survey Earnings 2017 - £163
    • DoaM
    • By DoaM 29th Nov 17, 12:18 PM
    • 3,565 Posts
    • 3,613 Thanks
    DoaM
    • #7
    • 29th Nov 17, 12:18 PM
    • #7
    • 29th Nov 17, 12:18 PM
    And regarding the refund request email ... that'll just be their automated response to a refund being initiated - the system won't be able to differentiate between customer request and Customer Services request.
    Diary of a madman
    Walk the line again today
    Entries of confusion
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    • HD1882
    • By HD1882 29th Nov 17, 2:44 PM
    • 20 Posts
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    HD1882
    • #8
    • 29th Nov 17, 2:44 PM
    • #8
    • 29th Nov 17, 2:44 PM
    I think there's a conspiracy here where all of you are secretly employed by these large companies
    • tykesi
    • By tykesi 29th Nov 17, 3:47 PM
    • 1,844 Posts
    • 2,563 Thanks
    tykesi
    • #9
    • 29th Nov 17, 3:47 PM
    • #9
    • 29th Nov 17, 3:47 PM
    Ah, the old "I'm not being told what I want to hear (even if it's the right answer) so I'll accuse everyone of working for the company I've got a beef with" line.

    We've heard that a thousand times, doesn't mean the answers are wrong though!
    £2017 in 2017 - £6362.49
    • HD1882
    • By HD1882 29th Nov 17, 4:45 PM
    • 20 Posts
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    HD1882
    it was a joke...


    I have read their terms and conditions and I'm not convinced by them...


    3.2 No contract for the supply of Goods and/or Services ("Contract") will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched or start performing the Services (whichever is the earlier).




    while








    6.2.2 While we try and ensure that all our prices quoted at the time of the Order are accurate, some prices may be incorrectly listed on our internal management systems and /or on our website. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods or started performance of the Services. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid.


    that doesn't seem right? one clause to cover another!


    you just know that if the price error was the other way round they wouldn't be emailing me or giving me a refund.




    as with 3.2 they “started performing the services” when they reviewed your order and decided that it was a pricing error. After all the very first step in fulfilling the order is the stock check.
    • unholyangel
    • By unholyangel 29th Nov 17, 5:25 PM
    • 11,597 Posts
    • 8,734 Thanks
    unholyangel
    it was a joke...


    I have read their terms and conditions and I'm not convinced by them...


    3.2 No contract for the supply of Goods and/or Services ("Contract") will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched or start performing the Services (whichever is the earlier).




    while








    6.2.2 While we try and ensure that all our prices quoted at the time of the Order are accurate, some prices may be incorrectly listed on our internal management systems and /or on our website. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods or started performance of the Services. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid.


    that doesn't seem right? one clause to cover another!


    you just know that if the price error was the other way round they wouldn't be emailing me or giving me a refund.




    as with 3.2 they “started performing the services” when they reviewed your order and decided that it was a pricing error. After all the very first step in fulfilling the order is the stock check.
    Originally posted by HD1882
    In order to be fair, a contract needs to be equally binding on both parties - once it is binding, it can only be varied by agreement or void in certain circumstances - such as unilateral mistake (where one party has made a mistake and the other party are aware of that mistake or should have been aware of the mistake) which renders a contract void ab initio (void from the start/it was never valid).

    So they may be able to void contracts where it was priced at £35 instead of £350 by mistake even if they have dispatched the goods. But if the pricing mistake wasn't obvious (£30 instead of £35 perhaps), then they're unlikely to be able to void that once they dispatch the goods.

    Started performing services would relate to contracts for services rather than contracts for goods. So if you think that by them reviewing your offer for goods that they have started performing services and you have a contract, you're incorrect.
    Money doesn't solve poverty.....it creates it.
    • bris
    • By bris 29th Nov 17, 5:33 PM
    • 7,086 Posts
    • 6,103 Thanks
    bris
    Payment is computer generated automatically, the contract isn't formed until there is acceptance of the contract. Put simply your offer was declined.
    • HD1882
    • By HD1882 30th Nov 17, 3:30 PM
    • 20 Posts
    • 0 Thanks
    HD1882
    they are now emailing me asking for feedback on my recent service lol
    • Inner Zone
    • By Inner Zone 30th Nov 17, 4:01 PM
    • 1,929 Posts
    • 1,050 Thanks
    Inner Zone
    it was a joke...


    I have read their terms and conditions and I'm not convinced by them...


    3.2 No contract for the supply of Goods and/or Services ("Contract") will come into existence until we despatch the Goods, send you an email confirming that your Goods have been despatched or start performing the Services (whichever is the earlier).




    while








    6.2.2 While we try and ensure that all our prices quoted at the time of the Order are accurate, some prices may be incorrectly listed on our internal management systems and /or on our website. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods or Services to you at an incorrect, lower price, even after we have acknowledged your order or despatched the Goods or started performance of the Services. If we cannot contact you, we will treat the order as cancelled. If payment has been made and you wish to cancel your order, you will receive a full refund of the price paid.


    that doesn't seem right? one clause to cover another!


    you just know that if the price error was the other way round they wouldn't be emailing me or giving me a refund.




    as with 3.2 they “started performing the services” when they reviewed your order and decided that it was a pricing error. After all the very first step in fulfilling the order is the stock check.
    Originally posted by HD1882
    Poor joke, gets used on there too regularly but not in jest.
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