Online misprice, where do I stand

diamond57

I ordered a mattress on line, the price appeared wrong, but order went through fine. Email order confirmation received. Funds were taken from credit card the same day (2nd December), but no contact from company (Benson Beds). Now appears that funds have been credited back to my credit card, but still no contact from Bensons Beds so if I had not phoned card company I would be none the wiser. Order contained home and mobile number, as well as email address so lots of possible methods of contact.

Where do I stand? Has order been cancelled, or could they re-take from card? Or do they have to fulfil as they did take funds, even if credited later, as they still have stock but back on website now at a higher price?

neilmcl

They don't have to fulfill your order. Even if a contract was formed, you admit that the price appeared wrong and clearly took advantage which would have voided any contract.

bitemebankers

They don't have to fulfil the order, but they shouldn't leave you hanging on like that. Have you tried calling them?

somethingcorporate

Sadly online retailing works slightly different from that in a shop which means the contract generally is not formed until the item is dispatched (usually buried within a companies online Ts&Cs).

Despite having taken your money a contract has not yet been formed between you and the company and they are not obliged to complete your order at the price originally taken. They have given you a refund without any hassle and you are back where you started. There is little recourse available to you I am afriad - although if a company did this without even bothering to tell me I would vote with my feet and take my business elsewhere.

Good luck.

Tozer

The point here is to see what the T's and C's say about when the contract is formed.

bitemebankers

T&Cs don't affect the statutory rights of either party.

In the case of distance selling, the contract does not complete until the buyer has received and accepted the goods. This means the vendor can cancel at any time up to this point, as can the buyer.

BFG_2

bitemebankers wrote: »

T&Cs don't affect the statutory rights of either party.

In the case of distance selling, the contract does not complete until the buyer has received and accepted the goods. This means the vendor can cancel at any time up to this point, as can the buyer.

Wrong, wrong, wrong, wrong, wrong..........wrong.

BFG_2

Tozer wrote: »

The point here is to see what the T's and C's say about when the contract is formed.

Correct, correct, correct........correct.

BFG_2

bitemebankers wrote: »

They don't have to fulfil the order,

Possibly correct, but possibly wrong.

BFG_2

neilmcl wrote: »

They don't have to fulfill your order. Even if a contract was formed, you admit that the price appeared wrong and clearly took advantage which would have voided any contract.

Wrong, wrong, wrong,.....wrong.

Wrong!

BFG_2

If a valid contract was formed [read the T&C's] then they have to supply at the lower price.

If they don't, then you can buy at a higher price [anywhere you want, doesn't have to be with them] and sue them for the difference.

As an aside I find it unbelieveable [but people keep telling me its correct] that a company can take your money and there NOT be a valid contract formed. I'm OK with T&Cs that say 'no contract until despatch' but not when they take your money at time of order.