Online misprice, where do I stand

neilmcl

In that case we'll agree to disagree. BTW what cases does Chitty make reference to with regards to unilateral mistake if not Hartog?

Tozer

neilmcl wrote: »

In that case we'll agree to disagree. BTW what cases does Chitty make reference to with regards to unilateral mistake if not Hartog?

A whole bunch of cases. Scriven -v- Hindley is the leading case. Also Raffles -v- Wichelhaus.

Just seen that Hartog is referred to - strangely not in the case listings. Actually states that the case has not always been followed.

Perils of English law - nothing is ever clear.... That's really why I would not ever want to run an argument of mistake.

woody01

somethingcorporate wrote: »

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.

Online : Once delivery is made contract is there
High Street: Once paid for the goods and left the store.

somethingcorporate

woody01 wrote: »

Online : Once delivery is made contract is there
High Street: Once paid for the goods and left the store.

Thanks, although for online could it be argued that the contract doesn't exist until the consumer has "accepted" the product? (genuine question).

And secondly, I am not sure that leaving the store has anything to do with the contract, I assume once goods have been paid for, receipt issued etc then a contract is concluded?

I know it's slightly off-topic, just general interest that is all.

bitemebankers

diamond57 wrote: »

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?

From the T&Cs on bensonsforbeds.co.uk

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.

neilmcl

Already been posted, see page 1.

Tozer

somethingcorporate wrote: »

Thanks, although for online could it be argued that the contract doesn't exist until the consumer has "accepted" the product? (genuine question).

And secondly, I am not sure that leaving the store has anything to do with the contract, I assume once goods have been paid for, receipt issued etc then a contract is concluded?

I know it's slightly off-topic, just general interest that is all.

Absolutely not. Acceptance in terms of "offer" and "acceptance" is a totally different concept to acceptance in respect of sale of goods.

Agree with second para. Leaving store is academic. A contract is formed when the offer is accepted and the transaction is completed.

Tim_Deegan

bitemebankers wrote: »

Err, no, let's not ignore DSR - it's crucial in this case. The regulations state that a transaction does not complete until the buyer has received and accepted* the goods. And under contract law, until the sale is complete, either party can back out. This is generally a good thing, because it provides important protection to both the buyer and the seller. It protects the vendor against eventualities when, for whatever reason, they're unable to fulfil the order. It also protects the buyer in that they have the guarantee of a full refund, including original P&P, if they're not happy in any way with their purchase.


In this situation, the law is quite unambiguous.What has happened to the OP is frustrating - but not illegal. He's not been treated very well, in my opinion, but poor customer service is not illegal.

* This means that the buyer has had opportunity to "examine the goods". This means you can inspect visually in the same way you would in a shop. It doesn't mean you can try it on, unpack/assemble etc. There's also an important caveat regarding made-to-order goods - anything you buy that's prepared specifically for you is not covered under DSR. However, other statutory rights DO apply, so it's not necessarily a reason to avoid buying online or by mail/telephone order.

The OP's situation refers to a transaction covered by DSR's. So as Bitemebankers says, either party has the right to cancel at any time until the item has been delivered and accepted, which is when the contract is completed.

Some retailers will honour miss prices as a matter of good will. Tescos did this recently with a miss price on a Sealy mattress. However the difference between Tescos and Bensons, is that Tescos are more likely to make more money out of customers if they treat them well. Bensons on the other hand have a very bad reputation for customer service, and will do all they can to prevent a customer from cancelling.

Going by a few threads on MSE, and what I know about the seller, I'd say that they OP had a lucky escape. Bensons are very expensive, and as I said above their service is terrible. So if I were the OP I'd go elswhere on line to get a far better deal.