Online retailor asking for goods back?

tek-monkey

jaytin wrote: »

The e-mail seems to be implying that you have received items which you had cancelled and were refunded but they were sent out by mistake? Well that's how it reads to me, is that what happened? In that case you should have refused delivery. If you bought items mis-priced then that is a different matter, I think if you have the price in writing (that you actually paid) prior to receiving them, then there is not much they can do. If you have an account with them or are registered on their web-site you can easily check transactions by logging in surely?

It is indeed a misprice that I ordered. I have not cancelled it, and I received the exact items I ordered. I have the order confirmation, with price, and the shipping notification.

jaytin

tek-monkey wrote: »

It is indeed a misprice that I ordered. I have not cancelled it, and I received the exact items I ordered. I have the order confirmation, with price, and the shipping notification.

If you have it in writing, the actual price that they had asked, then I think they would have to take legal action to get the goods back. Depending on what the goods are, for example a bed, or a sofa, there would not be much point in taking it back as they could not re-sell it anyway in a used condition.

Halloway

Can you give some idea of the sums involved?

I would ask them to explain to you what they are doing and why. It seems a bit unreasonable just to demand the item back without justification. My dim and vague understanding of the legal position is that if the misprice were blindingly obvious, that in itself might void the contract of sale.

jaytin

I think there was some kind of new clauses after a site mis-priced televisions a few years ago, they were up for 99p instead of £999 or some such thing. I am pretty sure nobody got a tv for 99p This case is slightly different as the goods were already delivered. I do agree though that if the goods were very obviously mis-priced then legally you may have no option but to return them, especially if it is a big company, you would not be likely to beat their lawyers in court.

[Deleted User]

jaytin wrote: »

if the goods were very obviously mis-priced then legally you may have no option but to return them

um... i'd disagree on that one.
imagine if this happened on the highstreet. a TV is priced up at £10 instead of £1000. You go to the cashdesk, and ask for one. The cashier takes your £10, and gives you the TV. You drive off with it. A week later the manager comes round your house and says "I've sent you a cheque for that £10 you paid, now give me the TV back".

Er... no beans, Mr Manager. He can ASK for the TV back, but he can't force you to sell it back to him for the purchase price, even if he's already sent you the money.

McKneff

tek-monkey wrote: »

No idea, and not even sure I have been. It seems to be a poor attempt to get me to return mispriced goods, after the transaction has finished. I have just been told that there is a legal route for them to recover it, something to do with fair expectation of sale prices, but not sure on the full truth in that.

surely, you must know if you have been refunded or not.
How much are we talking about here?

jaytin

Distance selling regulations are not quite the same as the ones regarding face-to-face high street purchases. As I already said, if he has had the price confirmed in writing and the company then supplied him the goods and only charged him that amount, there may be nothing the company concerned can do. I do know that after the 99p television pricing fiasco a few years ago there were new rules and regulations regarding online selling. It's hard to say what the seller will do, if it is a small business then probably nothing as it would be too expensive to go to court, if it is a major retailer and it is a large sum of money, who knows!

DCFC79

OP you contacted the seller