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

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Comments

  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    :rotfl:

    Thank you. ;):p
  • It is nice, though not really my kind of thing, wrong body parts and all lol.

    blue_monkey, is it possible to talk to you privately about your web business? Im after a little advice.
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    LOL, well, you really never know these days..... trust me, I've met some people who are not what they seem over the years.... if you know what I mean. ;) I also had this lady send me photos of her new *ahem* implants as she wanted to show them off. :confused: I was not even sure how I was supposed to answer. Yes, well worth the money, they are lovely. :o :rotfl: Plus this guy who we swear was running a brothel judging by the number of thongs he used to buy in different colours and sizes for his *wife*. Only thongs, nothing else. Plus he was on eBay and on his feedback there was a comment from a seller 'buyer asked me to wear these before sending, freak'. :rotfl:

    Getting back to what you asked, of course, hit the PM button, happy to talk if I can and offer my advice if it is of any help.
  • Andy_L
    Andy_L Posts: 13,068 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    From Which (not generally noted as a pro-business site)
    http://www.which.co.uk/advice/your-rights-pricing-disputes/your-rights/index.jsp
    "If you order an item on the internet, you don't have a legally-binding contract until the retailer has contacted you to confirm the order. If the wrong price is spotted before the retailer confirms the order, they do not have to sell to you at that price."
  • Yes but again, what constitutes acceptance of the order, is it them shipping the goods out to you, or is it them taking payment from you? Thats the issue here.

    Ive placed 2 online orders today for xmas presents. I have recieved order confirmation emails from both of them, so according to Which? magazine I now have a legally biunding contract with them. Both of them have taken payment from me. But both insist that there is no contract until they ship my goods out. I argue that the contract exists because they have taken payment from me.

    The OP had an email confirming the order and had payment taken yet the vendor maintained that there was still no contract as the order hadnt been shipped yet.

    Obviously other posters feel the opposite and when it boils down to it that is why we have courts, so that someone without a vested interest in the transaction can decide at what point a contract existed.
  • Im going to bring this arguement into the bricks and mortar world for a second.

    You go into a store and buy a VCR. You pay for the VCR by debit card through a counter mounted machine. You are handed your reciept by the cashier. You have fully paid for the VCR. It is now legally your property.

    The cashier then places the VCR in a bag and just before handing the bag to you he says we have changed our minds, we dont want to sell you this VCR as we got the advertised price wrong. They keep the VCR and refund you the money.

    Whats wrong with this? The VCR wasnt theirs to keep. After payment and receipt for that payment the customer is now the legal owner of that VCR. Lets not forget the customer paid the advertised price for this VCR, they didnt try to cheat the store out of money. It is now up the customer whether or not he wants to sell the VCR back to the store and at what price. The store have no legal right to hold onto the VCR once payment has been made.

    So why is it any different in the online retail world?
  • kg87
    kg87 Posts: 19 Forumite
    Part of the Furniture Combo Breaker
    Wow!! I really didn't mean to kick up this much of a fuss about it lol.
  • chuckley
    chuckley Posts: 4,405 Forumite
    Part of the Furniture
    U got a refund so why r u complaining?!
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    kg87 wrote: »
    Wow!! I really didn't mean to kick up this much of a fuss about it lol.

    :rotfl:
    Trust me, this is not a fuss..... go check out some of the other boards - such as Discussion Time in the Money Savers Arms.....
  • blue_monkey_2
    blue_monkey_2 Posts: 11,435 Forumite
    Im going to bring this arguement into the bricks and mortar world for a second.

    You go into a store and buy a VCR. You pay for the VCR by debit card through a counter mounted machine. You are handed your reciept by the cashier. You have fully paid for the VCR. It is now legally your property.

    The cashier then places the VCR in a bag and just before handing the bag to you he says we have changed our minds, we dont want to sell you this VCR as we got the advertised price wrong. They keep the VCR and refund you the money.

    Whats wrong with this? The VCR wasnt theirs to keep. After payment and receipt for that payment the customer is now the legal owner of that VCR. Lets not forget the customer paid the advertised price for this VCR, they didnt try to cheat the store out of money. It is now up the customer whether or not he wants to sell the VCR back to the store and at what price. The store have no legal right to hold onto the VCR once payment has been made.

    So why is it any different in the online retail world?

    Because the goods have not been handed over so the retailer can take them back if they want...... :confused:

    Do you remember the Homebase Shed's offer last July time??
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