Website Price !!!!-up - What are my rights?

kg87

Hi guys,

Yesterday I saw an offer for a Sandisk 8gb USB Stick on HotUKDeals, which shown me that the website 'www.w2w.com' was selling this item for only 4.59. Seeing how amazing the offer was, I decided to snap up 2 of these and paid for them using my Visa Debit Card.
I also got the e-mail confirmation of order placed, which stated that the product was back in stock on 30th Jan 2009 and would be delievered then, and shown the price and delivery details etc.

It also said: 'You will receive another email from us as soon as the order is dispatched from our warehouse and on its way to you.'

Today I received an email from them which goes as follows:

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Date: 15-12-2008

Item: SDCZ8-8192-E75 - Sandisk Cruzer Contour 8GB USB Flash Drive

Dear ***** ****** Thank you for your recent order via our website.

Unfortunately we have had to cancel the above item on your order and issue a full refund due to a pricing error and now insufficient stock.
It would appear that someone has posted a link on a forum which has meant an influx of orders for this item which we unfortunately can not supply.
Your method of payment has been refunded in full - you do not need to contact us to arrange a refund. Please ignore the order confirmation email sent earlier today indicating a due date of 2009, your order has now been cancelled.
We apologise for any inconvenience this may have caused but due to the link on the forum we simply can not fulfil the orders.


Regards,

Customer relations
w2w.com

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I understand that I've been given a full refund and they apologise etc. however, it has to be noted that the price error was not my fault and if it was there for that price, (even if it isn't meant to be on at that price), surely they should have to honour my purchase and sell it to me for the price it was advertised for when I purchased it. Do I have any rights here with which I can complain?

I'd be really grateful for some help there.

Thanks in advance.

Clive_Woody

They do not have to sell it you at the price advertised, in fact they are under no obligation to sell it to you at all until a contract has been agreed by both parties. The price on their website is considered an invitation to tender, but until a formal contract is agreed both parties have the right to withdraw. They made a mistake with their pricing, these things happen.

System

how many times does this subject come up ?

BargainGalore

Loads unfortunately

CHRISSYG wrote: »

how many times does this subject come up ?

blue_monkey_2

The contract between you and a mail order company is formed when the item has been dispatched. Until then there is always a chance a price glitch is going to be picked up so never assume you have it until it is in hand, it can be charged and there is still no contract until it has been dispatched, the company just had to refund you in full.

Earlier this week someone ordered something I had put on my website for £10 instead of £20 (RRP £25). It was my mistake - a human error - I could have cancelled it as sending it would lose money but it was one item so I sent it out and the customer got a bargain and I lost a bit of money. However, had they then gone to post on MSE or HUKD and I had I got 100's of orders then I'd of been loosing £1000's of pounds which, as a small business, I could not of afforded to do so I would have had to cancel all the orders with an apology.

Had you of been the first to find the deal then you might have got away with getting it. So never post any glitch until you have your goods and your money has been taken!! It is a bit off I know but if you REALLY want the item order and get yours first and then post the bargain you have found. It is tough but has to be done. I wanted the Magnext I-coaster for my son who has asked for nothing else for Xmas and I found it available for £30 on Additions Direct (it is £60-£80 elsewhere so a huge saving!), after I had mine in hand I then posted the deal for others to see - it was sold out within 10 minutes.....

bordercars

reverse the situation and youre in a shop, shortchanged or overcharged, probaly kick off. theres to much of this stuff thats why all the lawyers are getting fat on the compo culture, and we darent say or do anything to offend. mistakes happen be a good citizen and point out the error

ispartacus75

blue_monkey wrote: »

The contract between you and a mail order company is formed when the item has been dispatched. Until then there is always a chance a price glitch is going to be picked up so never assume you have it until it is in hand, it can be charged and there is still no contract until it has been dispatched, the company just had to refund you in full.

Can I just ask if that is a legal or personal opinion?

Surely a contract exists as soon as the vendor has accepted the customers offer AND taken payment based on that offer?

savemoney

Only a SC court could decide that as far as I am aware

Sure you have a much stronger case if monies is taken.

ispartacus75 wrote: »

Can I just ask if that is a legal or personal opinion?

Surely a contract exists as soon as the vendor has accepted the customers offer AND taken payment based on that offer?

Timmne

How long before someone says "invitation to treat"?

ispartacus75

Timmne wrote: »

How long before someone says "invitation to treat"?

But that only applies if the vendor refuses your 'offer' and doesnt take any money from you. In the case of the OP they accepted the offer of payment and then took that payment from him/her. They then decided that they no longer liked the terms that had been agreed to and decided to get out of the contract by giving the money back.

Doc_N

kg87 wrote: »

Hi guys,


I'd be really grateful for some help there.

Thanks in advance.

Despite some of the posts above, you have a contract here. You made an offer to buy, and they accepted. W2W then confirmed that acceptance by debiting your account. Clear contract.

Just try enforcing it, though - that's the tricky bit. W2W could end up regretting this, though, considering the number of people they've upset and all the bad publicity now hitting the net.