Zanussi Integrated dishwasher - £94 delivered @ B&Q Possible misprice

Toto

I've had the money debited from my bank

26/01 B & Q DIRECT 94.00

smk77

Toto wrote: »

I've had the money debited from my bank

26/01 B & Q DIRECT 94.00

Me too. However, I've done a bit of research and found this:



http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchan

This being the key part:

Can you force a shop to sell you goods if you see them mistakenly under-priced?

No, sorry. If they're mis-priced the shop can refuse to sell you them. There is no contract until it has accepted the cash. Before that point they can refuse (and if it is on the internet even if they have accepted that case, it can argue using the Law of Mistake that the transaction isn't finalised).

BaileyB

Looks good then, as if they had no stock they would not take the money.

maemaesmummy

Mr_Kennedy wrote: »

Looks good then, as if they had no stock they would not take the money.

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: I hope so but think we will all be getting a refund and an apology!!!

Toto

maemaesmummy wrote: »

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: I hope so but think we will all be getting a refund and an apology!!!

Hopefully before 2050

taxiphil

smk77 wrote: »

Me too. However, I've done a bit of research and found this:

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchan

This being the key part:

Can you force a shop to sell you goods if you see them mistakenly under-priced?

No, sorry. If they're mis-priced the shop can refuse to sell you them. There is no contract until it has accepted the cash. Before that point they can refuse (and if it is on the internet even if they have accepted that case, it can argue using the Law of Mistake that the transaction isn't finalised).

The good old Law of Mistake! Martin's article doesn't go into enough detail, though. It all comes down to the famous Hartog v Colin and Shields case, where the court said the contract couldn't be enforced if the buyer "must have known" the seller had made a pricing error.

However, 2 points here:
1. The presumption in law is to find for the existence of a binding contract; it's for the party seeking to avoid the contract (i.e. B&Q) to rebut this, which places a very onerous burden of proof on them.
2. I don't think for one moment that a court would find that the buyer "must have known" this was a misprice - it looks like a bona fide and plausible sale/clearance offer (remember the burden of proof is on B&Q to show we "must have known" it was a misprice, and that means proving it beyond the balance of probability). It's only when it gets into the realms of ludicrousness, like the famous Argos 28" widescreen telly for 49p, that the court would think the mistake was obvious to the buyer.

smk77

taxiphil wrote: »

The good old Law of Mistake! Martin's article doesn't go into enough detail, though. It all comes down to the famous Hartog v Colin and Shields case, where the court said the contract couldn't be enforced if the buyer "must have known" the seller had made a pricing error.

However, 2 points here:
1. The presumption in law is to find for the existence of a binding contract; it's for the party seeking to avoid the contract (i.e. B&Q) to rebut this, which places a very onerous burden of proof on them.
2. I don't think for one moment that a court would find that the buyer "must have known" this was a misprice - it looks like a bona fide and plausible sale/clearance offer (remember the burden of proof is on B&Q to show we "must have known" it was a misprice, and that means proving it beyond the balance of probability). It's only when it gets into the realms of ludicrousness, like the famous Argos 28" widescreen telly for 49p, that the court would think the mistake was obvious to the buyer.

Thanks for that. Very useful information and explaination.

Alias_Omega

Ive had this in the past, best thing is to sit & hope.

Worst case, you get the cash back.

Ive had in the past, the wrong item sent out to me, even worse it was far far less valuable as the item i had purchased. Was a listing error by amazon for piximania.

In the end, the item was returned, and a refund given.

For this i can see..

Someome realising that there is a very bad error, and refunds being given. Alot of people moaning, but there is nothing you can do. Just move on. I doubt a £5 gift card if you spend over £1000 or so will make much difference, as most things in B&Q you can buy elsewhere.

Im going with refunds all round..

barnabee

Worst case, you get the cash back

Or B&Q goes into administration tonight!

AnnieH

Whatever happens, it was worth a punt at that price. I'm not holding my breath, but if I get it, I'll be made up

If I don't, I haven't lost anything