Buying items online for a wrongly advertised price

DuncanMeyers

Hi,

I recently purchased a blu-ray boxset of Dirty Harry Series from CD Wow and I am guessing that the advertised price is wrong - £3.49 with free delivery.

I bought via Google Checkout and received an "e-receipt". Since then my order has been put on "back order" - I'm guessing until they get stock?

However my query is this, if they realise that this price is indeed wrong (other sites are selling it for £30+) can they legally cancel my order, and put the money back in my bank account?

They have this on their website under terms and conditions:

If an error is discovered in the price of the item(s) you have ordered, we will inform you and issue a full refund as soon as possible. We shall be under no obligation to fulfil an order for an item which was advertised at an incorrect price, if the item(s) has been charged and not despatched we will cancel and refund your order.

Is this legally binding, and once I have paid for the items (as I have at the minute) can they legally refund me if it's not been dispatched yet? I was under the impression that once you gain a receipt it's a legally binding contract, and I just wanted to make sure they couldn't cancel on me when they realise the price is wrong.

Thanks,
Duncan

Andy_L

DuncanMeyers wrote: »

However my query is this, if they realise that this price is indeed wrong (other sites are selling it for £30+) can they legally cancel my order, and put the money back in my bank account?

Yes, if you use the search this gets covered every few weeks

DuncanMeyers

I did search, and could only see topics relating to orders on websites that have yet to be paid. I have a receipt because my bank account has been charged, which according to other posts enters me into a contract with them?

**EDIT** I have seen something about the DSR meaning I only enter into a contract once it's been dispatched. Is that due to the DSR or does it have to be stated specifically by CD WOW? If it's the latter - then at no point have I received any documents (or can see) with this stated on.

Thanks

4743hudsonj

DuncanMeyers wrote: »

I did search, and could only see topics relating to orders on websites that have yet to be paid. I have a receipt because my bank account has been charged, which according to other posts enters me into a contract with them?

**EDIT** I have seen something about the DSR meaning I only enter into a contract once it's been dispatched. Is that due to the DSR or does it have to be stated specifically by CD WOW? If it's the latter - then at no point have I received any documents (or can see) with this stated on.

Thanks

Yes DSR is what covers them, its covered on a daily basis on here

somethingcorporate

DuncanMeyers wrote: »

I did search, and could only see topics relating to orders on websites that have yet to be paid. I have a receipt because my bank account has been charged, which according to other posts enters me into a contract with them?

**EDIT** I have seen something about the DSR meaning I only enter into a contract once it's been dispatched. Is that due to the DSR or does it have to be stated specifically by CD WOW? If it's the latter - then at no point have I received any documents (or can see) with this stated on.

Thanks

It's part of the T&Cs that you quoted in your opening post.....??

Vomityspice

Contract law is very clear. They can withdraw from a contract at any point (although once the item is posted to you, you would have a good case that the contract was fulfilled!). The case law is Grant v Routledge (18... something or other!).

Normally the T&C's make this clear.