Online misprice, where do I stand

Optimist

http://www.bensonsforbeds.co.uk/TermsAndConditions.aspx

3. Website Inaccuracies
All sizes quoted are approximate. Display products in stores are examples of the finished product. Goods are supplied on the understanding that there may be slight variances in colour, finish, shade and grain particularly, but not exclusively, on wood or metal products. Wood materials may have minor technical differences and their appearance may differ slightly from the goods shown. Any changes will be of an equal or higher standard to those displayed.

The information, services and products provided on and throughout this site are subject to change without notice. In the event of a genuine website error or inaccuracy we reserve the right to withdraw an offer immediately. We also reserve the right to cancel all confirmed orders that are subject to genuine website error or inaccuracy. All products offered are subject to availability.

bitemebankers

BFG wrote: »

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

Oh really? I suggest you read up on DSR...

BFG wrote: »

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.

Please, nobody try this (not that any of you would).

neilmcl

BFG wrote: »

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

Wrong!

Explain to me why my statemnet is wrong then.

Tozer

bitemebankers wrote: »

Oh really? I suggest you read up on DSR...



.

Care to point us in the direction of the specific Regulation that supports this?

Tozer

neilmcl wrote: »

Explain to me why my statemnet is wrong then.

I suspect that BFG was pointing to the fact that once a contract is formed, it is generally not possible to unilaterally withdraw from it.

If a contract is formed, the fact that there has been an error in respect of the pricing is not fatal to the contract and the seller could not unilaterally withdraw.

neilmcl

So the risk of Mistake in Contract law doesn't come into it then?

Tozer

neilmcl wrote: »

So the risk of Mistake in Contract law doesn't come into it then?

Very, very rare. Mistake as to subject matter is the most common form to set aside a contract in cases where the parties are both operating at cross-purposes.

Never seen a successful mistake argument - especially when in a B2C transaction.

neilmcl

My understanding is that there's a unilateral mistake involved here. The buyer has picked up on a pricing error, which he freely admits it appeared wrong and jumped in to snatch the item at the mistaken price, therefore voiding the contract.

BFG_2

neilmcl wrote: »

My understanding is that there's a unilateral mistake involved here. The buyer has picked up on a pricing error, which he freely admits it appeared wrong and jumped in to snatch the item at the mistaken price, therefore voiding the contract.

You understand it incorrectly then.

BFG_2

Tozer wrote: »

I suspect that BFG was pointing to the fact that once a contract is formed, it is generally not possible to unilaterally withdraw from it.

If a contract is formed, the fact that there has been an error in respect of the pricing is not fatal to the contract and the seller could not unilaterally withdraw.

Bang on the money!!! That's exactly what I was alluding to.

If the merchant breaks the contract, then the buyer is entitled to compensation that puts them in the position as if the contract had been fulfilled [ie the difference between the merchant's initial [mis-]price and the subsequent price the consumer had to buy it at].

Not bad for a non-legal bod, eh!!!