Error on website - what are my rights

Cardinal-Red

I've just bought a relatively expensive item from an online store - the thing that set it out from its rivals was though it was a little bit more, it came with an accessory that the rest didn't provide. I don't want to give too many details right now, but it's akin to buying a TV, where one shop is offering a stand to go with it.

Anyway, delivery was today and arrived and am happy with it - except that - the accessory isn't there. I called the store and they looked into it and said that the webpage should never have said that, and it was a problem from when they ported over their old servers. It's now been corrected.

At the moment, we're at the friendly "looking into what we can do stage" but just in case they decide they will not provide this accessory to me now, what are my rights in this situation?

I seem to know from somewhere that the retailer can pull out at any stage upto the confirmation stage.... offer/acceptance/invitations to treat etc.... but the fact that we've had delivery seems to have gone way beyond that.

Am I right in assuming that their webpage, even in error, constitutes a binding contract on them, having taken my money and delivered the goods?

I'll do my own research now but any quick advice would be appreciated!

dacouch

Have you taken a screen shot or got evidence eg a confirmation email showing the accessory as being included

Cardinal-Red

I do indeed - had to source it through the Google Cache as when on phone to them this morning they literally changed it on the spot, but i have a full webpage saved, and also a screenshot.

Mark_Hewitt

IANAL, but I think if it is a genuine mistake they can refuse to send you the item. But of course you can return the main item for a full refund. Obviously they aren't going to want you to do this, so coming to some sort of deal would seem the best option.

Cardinal-Red

Thanks Mark - I can understand what you are saying, but surely there must come a point in the transaction where what both sides are offering is set in stone. This isn't like one of those mis-price deals where a £99 DVD set is available for £9.99.

Otherwise, surely retailers could offer erroneous extras and rely on the apathy of their customers?

pinkshoes

What would be the cost of buying the accessory on its own?

And what was the price difference between the item you bought, and the cheapest one available online that you would have bought had you known the accessory wasn't included?

If they won't supply the accessory, they should refund you the difference between what you paid and the cheapest one available online.

Cardinal-Red

Hi Pinkshoes - when you say they "should" do you mean they are legally obliged to, or morally they should?

In terms of figures - it was £40 more than I found it elsewhere; the missing accessory varies in retail price from between £50 and £200 depending on quality etc.