Is this a pricing error? Please help

kimmy393

I too received that letter so did my mum.. I also emailed them querying my order.. I was upset to get the letter

cantcope

I got the letter today too. However, although i got email confirmation of my order they never took the p&p from my bank account

JBAM

For those who placed orders with Infaderm, my view remains that legally binding contracts exist (I wrote most of the text that another reader has included in an email to Infaderm).

-I believe the fact that the company did not proceed to take payment is not relevant. payment by cheque would also have constituted 'consideration', regardless of whether the recipient then decided not to bank the cheque.
Payment via a secure payment service (as took place) would almost certainly constitute consideration.

A little search on the internet reveals precedents: Argos pricing a TV at £2.99 and doing £3M of business but escaping as they didn't send the electronic confirmations that their terms and conditions specify confirms their acceptance. Infaderm had no terms and conditions box to tick and no terms and conditions on display. This was a further and quite incredible mistake. Normally their terms would also protect them and allow them to cancel orders in the event of pricing errors, but they have no such protection.

Kodak had a similar case selling a £300 or $300 digital camera for one-third of the price. They tried to escape but had to back down under pressure and the threat of legal action....... a point to note, you have legally binding contracts with Infaderm but if they decide to breach the contract ie not to honour it by despatching the goods then it is by an action for breach of contract that remedy could be obtained. Infaderm are quite simply pushing their luck and probably hoping that nobody would sue them over some packs of Royal Jelly.

Strongly worded emails making it clear that legal action will be taken are probably the best starting point.

Infaderm are also in my view in breach of The Electronic Commerce (EC Directive )Regulations 2002, I quote now from the website of Pinsent Masons, a major law firm, concerning this EU-wide directive

"
Virtually every commercial website is covered by the Regulations.
Making contracts online

The Directive requires all Member States to ensure that their legal system allows contracts to be concluded online and that it does not deprive contracts of validity just because they are electronic. There are a few exceptions, such as property sales and guarantees.
"

The same website makes it perfectly clear that if you do confirm orders (Infaderm's emails were headed up "Order confirmation") then in the event of pricing errors "you may be bound to sell items below cost".

Before writing or emailing Infaderm may I suggest you take a quite look at this article. As a newcomer I hope I'm not breaching this sites rules by saying that its on the Pinsent Masons website (I've absolutely no connections with them) out-law.com and then /page-431. Best look 2/3rds of the way down at 'making contracts on line and the following section".


Hope this may be of some use to you and for the record I have had to study contract law in my past.

nic2075

I didnt realy expect to get mine but am still annoyed at not getting the p&p back. I got a letter yesterday saying it was displayed at the wrong price etc and would not be processed. weve been scammed me thinks.

MYLITTLESISTERLOLA

Anyone got any updates with this one ?? I have heard nothing no letter, no reply to e-mail they are certainly not winning new custom doing this !!!