Online shopping price mistake / error

shinjukumaster

I made an online (Internet) purchase using my Visa card (transaction completed OK). It turns out the price was a mistake (low, and in my favour). What are the sellers obligations, do they have to supply the goods as paid for, or not? Thanks.

plumb1_2

Imo NO, they could just refund your money, say the iten is damaged, out of stock etc.
But you might be lucky and the send it.

zenseeker

They can cancel your order if they want, they are under no legal obligation to honour the transaction. You may be lucky though, sometimes they will honour the mistake, but not often.

cyberwiz63

I've always got my money credited back to my visa card when this happens.

dnomyar

The price they advertise is an offer to treat. This means that they can put what ever price they like error or not but if the price changes after you have purchased they have to inform you before they take money from your card, to give you the chance to refuse or accept the amended price.

If they have accepted your order and charged your card, then they have entered a contract for the advertised price and you can argue this with them if they refuse to honor this. If they state was an error then you can argue that they should only charge your card on delivery and not before giving them ample time to spot there mistake, and that they should honor the CONTRACT made as otherwise you would like compensation for being out of pocket until they refund your card and breaking the contract. If they try to get out of the contract by stating out of stock, you should still argue that they took your money knowing item was out of stock and want compensation for breaking contract and being out of pocket until refunded as has stopped you purchasing elswhere. If they have not charged your card then you have no right to buy at the advertised price. If they charge you the lower price and deliver and later want the extra, they have no right to ask for this or automatically take the difference. Make sure you keep a screen dump of the advertised price and you confirmation of purchase along with your credit card statement as proof. If they just take the difference then you are within your right to tell your card company or bank to reverse the amount charge back as you have not authorised this payment. Hope this helps!

zenseeker

dnomyar wrote: »

If they have accepted your order and charged your card, then they have entered a contract for the advertised price and you can argue this with them if they refuse to honor this.

Wrong, if they charge you they can still refund you if they notice the mistake. It's only once the item has left the warehouse that they have to honour the mistake, until that point they can cancel at any time.

wes_cov

most places state that no contract is entered in to until goods are despatched

dnomyar

zenseeker wrote: »

Wrong, if they charge you they can still refund you if they notice the mistake. It's only once the item has left the warehouse that they have to honour the mistake, until that point they can cancel at any time.

I'm sorry but you are wrong also. In general terms under UK law: The retailer makes an invetation to treat by advertising the item and price, you make an offer by offering the price advertised (submitting your order) and the acceptance is when the retailer takes your money (contract formed). If the seller has taken payment and especially if they issued a receipt (automated or manual) and that receipt does not make it clear 'that it is simply a receipt of order and not an acceptance', then again you have entered a legely binding contract even if the terms and conditions you have clicked to agree to state that "any payment made if a mistake occures blah blah we will not honor the price paid" as these go against the contract law. Admitidly no test case has gone to court as yet, as if you threaten to sue the online retailer (generaly the larger stores) they back down and most times honor the price paid or compensate for your loss. This is still a gray area in the law as not tested but the same law applies to online sales as to offline sales apart from extra consumer protection for the buyer under EU law for online purchases (which gives you the consumer the cooling of period for one - even if the ts and cs state you cant return the item). If no payment is taken then the contract can be binding when goods are delivered (which is the usual time payment is taken unless you have been given credit). The supplier can then state that there is no stock (consideration) and try to get out of this but as they had entered a contract by taking your money you can simply state that you will wait until they have stock available. Also if the online traders Ts and Cs do not state that the display of items for sale on a website is only an invitation to treat then legally they could be making the offer and acceptance of the offer is when you agree to buy and a contract is entered into even if money has not been taken. Again another gray area in law as not tested.

dnomyar

wes_cov wrote: »

most places state that no contract is entered in to until goods are despatched

So if they state in there Ts and Cs "that you the purchaser have to chop of your right hand and jump up and down on one leg before a contract is entered into", does that still mean the contract is not finalised until you actually do this as it is clearly stated in there ts and cs. No it doesnt, because points made in Ts and Cs are not legaly binding if they go against the law. Also a good percentage of Ts and Cs you click on websites when ordering are not legely binding as do not clearly state certain terminology so would not hold up in a court of law (OFT are investigating quite a few websites Ts and Cs I here, but could be wrong about this rumour).

dmg24

dnomyar wrote: »

The price they advertise is an offer to treat.

Anybody that refers to an invitation to treat as an offer to treat should not be purporting know the law!

are not legely binding as do not clearly state certain terminology

How can you refer to legal terminology when you cannot even spell the word legally? :rolleyes:

zenseeker and wes_cov's information is accurate. dnomyar appears to have his own legel system. :T

shinjukumaster

Thanks for your input. The vendor seems to have some disclaimers in the T&C (see below). In a recent visit to a brick-and-mortar store, I found a product that appeared discounted. A staffer had put the goods on the wrong shelf, but the store honoured the transaction, to my benefit. Online purchasing seems no different in principle, and I'd heard of cases where stores (Argos, in one case, I think) had sold out of products that had been under-priced for online sales. I'll have to check with my bank if any transactions were processed.

3 Price
3.1 The vendor reserves the right to vary the quoted price of the goods either upwards or downwards in line with flucations in the market price.
3.2 Every effort is made to ensure that prices shown on the vendor's website are accurate at the time you place your order. If an error is found, the vendor will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. Unconfirmed orders will be cancelled after 14 days.
3.2 The price for all EU residents will include VAT charged at the prevailing rate (currently 17.5%).
3.3 You may be required to pay a delivery charge for the goods.
3.4 Price lists do not constitute a quote or offer.

5 Confirmation and Contract
5.1 The vendor is entitled to refuse any order placed by you.
5.2 A confirmation of receipt of your order request may be sent by email when you order. This does not constitute an acceptance of your offer, and does not constitute formation of a contract.
5.3 A legally binding contract will be created when payment is taken for your order and at this point in time these terms and conditions will apply.
5.4 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the vendor will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you for the goods.