Advice on 'Wrongly' priced product

mumOf2wonderfulkids

almost41 wrote: »

hi, you are not alone. on saturday i purchased an xbox game at the advertised price on their website. they took my payment and sent an order confirmation.

Details below:
Left 4 Dead 2 Game £15.00

Sold by: Tesco Stores Limited
Within 24 Hours from 28 Nov 2009

however, today they have emailed and canceled the order as they say they had put the wrong price on product and i would have to re-order and pay the full price of nearly £37.00.

again, is this something they can do? how many other people have been given the same message. it is the big countdown to Christmas so hundreds must have been sold at this price. should it not be sold as the 'shelf' price? should they not honor their advertised price? i know someone has commented that they don't have to sell the item as the money will not have been taken from my bank account but by all means they accepted payment. the card details were verified and all but the money had left the bank. it does seem wrong that they can make such a huge mistake.

just thought i would send you this as i think it is news worthy item. it would be interesting to see just how many games they have sold at this price. if they had reduced the price the day after purchasing the item at the full price would they have then given it at the reduced price as the money would not have left our bank account! don't think so. but we have to say 'oh, never mind i will pay full price for it'. just goes to show not everything is as good as it looks!! oh, and £2.00 off our next order!! cheers!!

my post was reffering to items bought in-store, as im not 100% clued up on website shopping laws i cant really say if you inputting c/c details would be classed as money changing hands.

and there is all sorts of distance selling regs and exclussions that apply to online stores...

jaysono

I had the same happen to me today got the email from tesco cancelling my order for left 4 dead 2 xbox 360 game for £15
im sure they can't do that
Not happy at all
any help please

Davey2009

Yes it seems they can as no contract has been broken at that time Oh well better luck next time eh ?

Alter_3go

im over it, used my 2 quid off to get me modern warefare 2 for 30quid

somethingcorporate

mumOf2wonderfulkids wrote: »

if an item is mispriced in a shop, they don't actually have to sell it to you, unless payment has already crossed hands (ie handing over debit card, cash etc this is classed as both parties agreeing a contract of sale) if the misprice is noticed before payment has been taken they can simply refuse to sell it, if they do it this way, they must remove the item from sale for a period of 24 hours,

so tesco can do it, because they have cancelled before payment was taken.(as long as it isnt available for 24hrs) and they didn't even have to give you £2

Just to correct another bit of incorrect information on this thread - the 24 hours is simply not true. A retailer can refuse to sell anything to anyone without any reason and can then immediately sell it to the next person in the queue if they see fit.

It would be completely rediculous to expect a retailer to have to stop selling something for 24 hours due to them simply mispricing an item! If you point out a misprice in a supermarket you don't ever see hordes of staff emptying shelves of the mispriced goods, they just get a new ticket

The pricing of goods on a shelf is simply an invitation to treat (ie they will be open to offers for a product) they can then reject / accept an offer for any value to anyone without having to justify it. Sadly there is a common misnomer that consumers have power in the retail sphere and this is simply a myth. Most ideas of assumed protection for consumers are simply goodwill on the part of large retailers and is not a legal right.

HTH.

4743hudsonj

almost41 wrote: »

hi, you are not alone. on saturday i purchased an xbox game at the advertised price on their website. they took my payment and sent an order confirmation.

Details below:
Left 4 Dead 2 Game £15.00

Sold by: Tesco Stores Limited
Within 24 Hours from 28 Nov 2009

however, today they have emailed and canceled the order as they say they had put the wrong price on product and i would have to re-order and pay the full price of nearly £37.00.

again, is this something they can do? how many other people have been given the same message. it is the big countdown to Christmas so hundreds must have been sold at this price. should it not be sold as the 'shelf' price? should they not honor their advertised price? i know someone has commented that they don't have to sell the item as the money will not have been taken from my bank account but by all means they accepted payment. the card details were verified and all but the money had left the bank. it does seem wrong that they can make such a huge mistake.

just thought i would send you this as i think it is news worthy item. it would be interesting to see just how many games they have sold at this price. if they had reduced the price the day after purchasing the item at the full price would they have then given it at the reduced price as the money would not have left our bank account! don't think so. but we have to say 'oh, never mind i will pay full price for it'. just goes to show not everything is as good as it looks!! oh, and £2.00 off our next order!! cheers!!

Well as said time and time again, if they under priced, would you like them to come knocking wanting more? no, the distance selling regulations allow a company to stipulate when they believe to be a contract(within reason of course) this is usually the latest possible to allow them the most leeway - Dispatch. This means, their website is an invitation to treat in law, you then make an offer, and until they accept(by dispatching) or reject here is no contract.

Its worth noting though that if they do not stipulate the contract formation point it is arguable in court that it was created by taking money. (this again is why they delay taking money too.

gordikin

mumofwk..etc..you really need to get your facts straight!

EliziumX

4743hudsonj wrote: »

Well as said time and time again, if they under priced, would you like them to come knocking wanting more? no, the distance selling regulations allow a company to stipulate when they believe to be a contract(within reason of course) this is usually the latest possible to allow them the most leeway - Dispatch. This means, their website is an invitation to treat in law, you then make an offer, and until they accept(by dispatching) or reject here is no contract.

Its worth noting though that if they do not stipulate the contract formation point it is arguable in court that it was created by taking money. (this again is why they delay taking money too.

Of course, if they happened to overprice the product I'm sure they'd be more than happy to refund the money to everyone who overpaid immediately when they discovered their error.

mumOf2wonderfulkids

gordikin wrote: »

mumofwk..etc..you really need to get your facts straight!

if you feel they are wrong, please elaborate, my comments are purely coming my own experience from working in retail and my retail qualifications, (although now no longer working in retail :rotfl:)

this is a forum, i doubt all of us are ''qualified in law'' so ys i may well be wrong, but it is just my opinion

but please, do explain how you feel my facts aren't straight as i would love to know....

woody01

james19862009 wrote: »

On Saturday I purchased Left 4 Dead 2 from Tesco Entertainment online.

It was priced at £15.

I placed the order, got a confirmation and told it would be dispatched within 24 hours.

I then recieved this today...




Could anyone explain if I have any rights to claim that I should recieve the game for the £15 price?

Thanks!

You have no rights at all.
It was an invitation to buy only and nothing more.

Alter_3go wrote: »

i too ordered this product and have come to look for advice on if they can withdraw the order, i thought that, like in a shop, they have to sell it for the price advertised?

Not sure where you got that info from, but shops do not have too honour this either.
Only when money has changed hands, does the order have to legally be fulfilled at that price.