Legal Eagles - companies honouring Prices

Jetpac

OK heres the Situation.

Toys R Us had Guitar Hero: World Tour Full band set (for the xbox 360) listed on their website for £69.99. (the PS3 and wii versions are listed at £160 and the 360 deal has since been removed from the site).

So i purchaced.
A blatant misprice (but the details listed on the site were for the full game) but the order was accepted and i have had :

Order confirmation email
Order Dispatch Email
Order Complete Email

Others have subsequently received the Guitar Hero World Tour game with Guitar bundle, as i am likely to.

Do Toys R Us have a legal leg to stand on when i demand that what i receive be exchanged for the full band deal (should i not recieve it)?

Can they claim that they don't stock the item (when i know that they do) and just refund me instead? (which i dont want to happen).

What are my legal rights i can quote in this situation? Am i right in saying since money has hcnaged hands and the item dispatched they have a legal obligation to now provide me with the goods?

[Edit]
I have also just checked my order history on the toys r us site and they have gone in and changed the details of my order to guitar bundle instead of band bundle... can they do that? i mean ive prited off the page that says band bundle but surely thats not legal changing details of purchace?

jonesMUFCforever

Until the item has been dispatched you have no deal.
At best they may send it to you as a gesture of goodwill but don't bank on it.
The likely outcome is that they will refund you, and you can expect no more as you knew that the price was a miss-print/mistake.

Jetpac

i have emails confirming the despatch of the item and am expecting it tomorrow or Thursday.

how does situation change if I receive the item (which will presumably be the guitar bundle not the band bundle).
and in any case what about the people who have already received items how does it effect them?

and also does them having taken the money already not have any affect?
and what about completely changing the order details of something that's been paid for without informing you or anything.. surely that's tantamount to fraud?

jonesMUFCforever

If you get it great - no problem - if it is not what you ordered send it back for a refund - but they do not have to sell anything to you when it is clear there has been a miss-price.

Let us know what turns up.

Jetpac

but i dont want the refund, i want the item.

if ive pad for it and dispatched items dont tehy have to provide the items as described?

rosysparkle

No, they don't.

Jetpac

rosysparkle wrote: »

No, they don't.

Can you explain why?

Because isnt it the same as buying an item in a shop.. walking out.. then having a shop assistant catch you up in the highstreet saying sorry you cant have that but heres your money back?

if i dont have to recieve the item, im interested in what the law actually says and what the rights for the company actually state.

Becles

You can't compare online stores with physical stores. In an online store you can order, be sent confirmation and have payment taken without a human being involved at all.

Therefore the store has no obligation to sell the original item at the mis-price, if the mistake is noticed by a human before it's dispatched.

In this case I think it's a bit sneaky sending another item, but if you don't want this send it back for a refund. You can't force them to sell the original item at the incorrect price though and you have no rights to make them do this.

Mikeyorks

Jetpac wrote: »

if i dont have to recieve the item, im interested in what the law actually says and what the rights for the company actually state.

Read their T&Cs. It will say that no contract exists between you until they despatch the goods. (as M&S as Next etc etc)

vikingaero

Most online stores are fully aware of misprices and the implications of them with gangs of people from money saving and deal sites swiping items at a hoped for bargain price. They often cover themselves in the T&Cs and either state E&OE or have a clause on mispricing.