Argos - CC Charged : Misprice Refusal of Goods

gapdunlop

Hi Guys
I bought the Argos Silentnight bed online that was reduced to £270. My credit card was charged.
Argos have rang to say it was a mis-price and they couldnt supply it. I have the choice to pay an extra £270 or to cancel my order. While she quoted Argos T&Cs about sales at me , Am I correct in saying that once they have charged my card their is a contract in place? She insists there is no contract with Argos until receipt of goods.
Thanks
Al

erichamster

gapdunlop wrote: »

Hi Guys
I bought the Argos Silentnight bed online that was reduced to £270. My credit card was charged.
Argos have rang to say it was a mis-price and they couldnt supply it. I have the choice to pay an extra £270 or to cancel my order. While she quoted Argos T&Cs about sales at me , Am I correct in saying that once they have charged my card their is a contract in place? She insists there is no contract with Argos until receipt of goods.
Thanks
Al

I know that if an item is on sale with the wrong price and you go up to pay if they realise the mistake they don't have to give it to you at the lower price, (but some will to keep you sweet). However, as you've paid I would agree that there is a contract, as there was an offer (made by you when you went to pay for the item), an acceptance (When they accepted the money from you) and consideration (the money itself, especially as your card has been charged). Whether you can get them to give it to you is another matter, a mistake can vitiate a contract but only usually when it is proven that one party knew there was a mistake and tried to take advantage of the other, so don't say you knew it was unusually cheap! If you make enough of a fuss and speak with some authority you may get it anyway, I wonder if others have had any similar dealings with Argos.

gapdunlop

Thanks - Thats what I thought too. They told me that what all retailers do but I dont know of one that charges card until goods are dispatched.

jaytin

I think if the goods had been delivered then that is a different matter, in this case they are probably fully covered by their own terms and conditions as well as distance selling regulations, as the contract was not completed. Delivery in this case would have completed it. I would speak to your credit card company to see if they think you have any chance of getting the bed at that price, if they say no then I guess they are probably right.

bottomsup

Didn't they change their T&C after a tv price blip on their website a few years ago?

This is probably the clause they are talking about



> Customer services > Terms & Conditions

2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).


4.1 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.



4.3 The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions:
a) For products reserved online for store pick up or any other reservation service the price you pay is the price in store on the day of collection.
b) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund


HTH

jaytin

Yes, that's right, there were TV's advertised for 99p, after that they were a lot more careful. I honestly don't think anyone will get a mis-priced item past their terms and conditions now, especially if the item wasn't actually delivered yet. A different matter if your credit card will back you up, you might get it a bit cheaper as a goodwill gesture if they get involved.