Website price error where goods were delivered

freeoffers

The goods are yours, you paid for them so keep them. Imagine if a shop did this and delivered the items, could they then take them back? No. If they had spotted the error before the goods were sold thats a different matter.

You obviously ordered knowing the price was an error but that is tough luck on their part. Maybe they'll learn from their errors. Do not send the goods back, they are yours.

Tell us how it goes.

Alias_Omega

put them on eBay, ask them to bid on them to get them back cheaper..

stuvee02

fwor wrote: »

The items seem to be clearly covered by the definition of "goods sent in error".

If you search for that term, you'll find quite a few articles explaining where you stand.

Essentially, you have no right to keep the items. The supplier is playing it "by the book" in trying to arrange to have them collected rather than asking you to ship them, as it is down to them to recover them at minimum inconvenience to you.

In some cases, ignoring them would be enough to make them give up, but as you have £800 worth of their gear which they are legally entitled to have back, I doubt that will work in this case.

How is it that the company have a legal right to have back something the OP paid for and has had delivered? Surely the goods are his/hers once payment has been taken or at least once the goods have been delivered and payment has been made in full...

If the company had promised delivery, even put them on a van and then realised the error and stopped the delivery then fine but OP went to their website without intending (there could be no intention unless the OP was directed to the website for that product at specifically the incorrect price) to cheat the company. Once there he found a bargain because of an error the company made not because of his/her actions, placed the order and then (assumedly some time later) took delivery. As ABH suggests the company had opportunity to discover the error and halt the sale. They didn't do so - their loss (one I'm sure a "major electronic manufacturer" can absorb).

It comes down to a question of when does something you buy become yours? Do you have to have had them in your possesion for 48 hours, a week, a month, a year....? How can any organisation claim a legal right to goods after you have paid for them and taken possesion? Should I own up to M&S that they undercharged me by a £1 for a pair of pants last year.... will they want to retrieve them from me.....:rotfl:

The question remains at what point are the goods we pay for legally ours?

Stu

aliasojo

It's amazing what some companies will try. I seem to remember that the issue of a buyer knowingly purchasing a mis-priced item can be relevent if the sale is cancelled and before money is taken.

After the goods have been sold (and therefore after asking price has been paid and goods have transferred ownership) then it's tough, a company cannot take back what it no longer owns.

Call Consumer Direct and run it by them.

Is this Dell btw? They do seem to want to do this rather a lot. Some buyers of a mispriced Mini9 were told their machines were being recalled and refunds made but it never happened as far as I'm aware. It does seem to be a stock response with them though.

Trust_2

They have fulfilled the contract you had to supply goods, which clearly would be covered under their T&C

You have the products,

May I ask what the products were,

Presume white goods, if a fridge, you have used etc etc

You have a receipt which clearly shows what you have purchased and they have been stupid enough to deliver

Aliasojo, under many T&C's a miss price can be declared upto the point of delivery, which is well after you have actually purchased the product, they just have to speedily action the refund. This is different as the contract was formed and delivered.

Nomessin, what exactly did they say to you, or was it an email?

hayley11

I honestly don't think the company can get them back. They supplied the goods at an agreed price, it doesn't matter if it was the wrong price or not.

I think if it was a small company, I think I would be inclined to either send them back or make some kind of payment, not the full amount though. But if it's a huge company, no chance would I. They wouldn't do the same if it was the other way around. I know people have said about the moral side of this but i've seen things like this posted on MSE and loads of people have jumped on it so I don't think the OP is in the wrong for wanting to keep them.

OP - why don't you book a free appointment with a solicitor or visit CAB just to double check? Once you know for sure where you legally stand, you know what you have to do next.

pinkshoes

Any update nomessin? Did you keep them?

Legally, you can keep them, as you ordered them, paid for them, and they delivered them to you.

Morally, it's a different matter, but I'm in two minds about this. They no doubt use a computer system for the whole process (thus saving money on human labour), so it's their own fault for trying to cut corners. Also, I'm guessing if you bought it by accident, they wouldn't let you return it? On the other hand, it was a mistake...

My response would depend on how nice the manager was that asked for it back. If they were agressive and mean, I'd keep the items, if they were polite, then I would probably let them have the items back, but at no inconvenience to myself, and hopefully with some compensation i.e. a DS Lite!

nomessin

Hi All

Thanks for all the replies.

Current situation is the caller said they would get the manager to call me, but so far no call.

If this was a small retailer where £800+ makes a massive difference then I would be looking at it differently. The firm in question (which is not Dell!!) had a turnover last year of around £50billion - maybe they can lose £800+

Haven't used the goods yet - keeping them aside whilst I get advice.

Cheers

Nomessin

bookworm1363

They have covered themselves against mispricing by saying they can cancel the order at any time right until delivery... which means that if they took your order, processed your order, took money for your order and delivered your order, they had plenty of chances to stop the order going out and the goods are yours.

My reply to them would be on the lines of: "make me".

RadoJo

pinkshoes wrote: »

Morally, it's a different matter, but I'm in two minds about this. They no doubt use a computer system for the whole process (thus saving money on human labour), so it's their own fault for trying to cut corners. Also, I'm guessing if you bought it by accident, they wouldn't let you return it? On the other hand, it was a mistake...

In fairness, I don't think using a computer can be considered as 'cutting corners' in the 21st century - employing a person to accept every order individually would be prohibitively expensive and far more prone to errors meaning the costs passed on to the customer would be extortionate!

To the OP - this one seems to be between you and your conscience, although don't forget that they could refuse to accept an order from you in the future, so if you shop there regularly then you might wish to consider that in your ruminations on the matter.