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What rights? Item purchased online, paid, but retailer claims website glitch.

24

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 January 2010 at 5:13PM
    The only thing I can see that would change the initial price is if you had the wrong default currency selected, ie, if you had the channel islands select then you'd get the price exclusive of VAT. The fact remains though if you're in the UK you need to be charged VAT, they do have the right to charge you this seperately if they wished, as it seems they are doing so here.

    One thing that is a bit naughty on their side is that they don't mention VAT in their checkout process or in their order confirmation. In fact they don't even show their VAT registration details anywhere on the site which is wrong.
  • reform_2
    reform_2 Posts: 21 Forumite
    No, the prices are all inclusive of VAT, in fact there is a information page explaining how VAT is applied. There is no mention of VAT, and the basket "Grand Total" (which should be the final charge including all taxes and delivery) is what I was charged.
    Changing my currency to dollar shows the lower price (ie with VAT removed) but in Sterling the price is now showing the higher price (with VAT included).

    Basically, it appears the website has failed to apply VAT, but as the website prices are all inclusive the lower price has to be assumed to be the actual price without VAT.
    Very strange that they don't have any T&Cs. Seems to me they may have left themselves open to not being covered in situations like this where they have accepted payment on an incorrect pricing thereby accepting the contract to deliver.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    reform wrote: »
    No, the prices are all inclusive of VAT, in fact there is a information page explaining how VAT is applied.
    Where is that? I couldn't find it.
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    DTI Distance Selling Regulations
    These Government Department of Trade and Industry regulations entitle you to a 7 day 'cooling off' period after you have received the goods you have purchased from us. This regulation is to give you the opportunity to examine the goods you have purchased as you would have when buying in a shop.
    If you wish to exercise these rights and cancel your purchase you should return the goods to Ribble Cycles, 464 Ranglet Road, Walton Summit Centre, Bamber Bridge, Preston, Lancashire, PR5 8AR, United Kingdom within 7 working days from the date after the goods were received by you.
    You can only cancel your purchase if the goods are returned to us unused, unmarked and in their original packaging. You will not be reimbursed with any postage or carriage costs.

    Thats their info on the DSR, very hard to find too.

    Seeing as they dont list when the believe contract is in force, you have every right to argue that they accepted your offer by way of payment, i suspect it may end up in small claims for this to happen though.
    Back by no demand whatsoever.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The only way you could have purchased at the lower, VAT exclusive price, is having the incorrect curreny selected at the time you made the purchase. Not a glitch, poor website design perhaps, but you should have made sure you had the correct currency selected. All the retailer is doing is asking for what you are legally obliged to pay, ie, the VAT.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thats their info on the DSR, very hard to find too.
    Also incorrect too.
  • reform_2
    reform_2 Posts: 21 Forumite
    neilmcl wrote: »
    Where is that? I couldn't find it.

    Well, it's by deduction. Use $ as currency and the prices are 17.5% cheaper.
  • reform_2
    reform_2 Posts: 21 Forumite
    neilmcl wrote: »
    The only way you could have purchased at the lower, VAT exclusive price, is having the incorrect curreny selected at the time you made the purchase. Not a glitch, poor website design perhaps, but you should have made sure you had the correct currency selected. All the retailer is doing is asking for what you are legally obliged to pay, ie, the VAT.

    My order WAS in £, delivery to UK, so I have definately NOT avoided paying VAT through my own actions.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    When you cleared the cookies at the ordering stage, you probably cleared the county information, and the currency information.
  • reform_2
    reform_2 Posts: 21 Forumite
    The "Order confirmation" email I received does not mention order "processing" as suggested as correct wording to protect the retailer from concluding contract on acceptance of payment.
    VAT is not mentioned on this "Order Confirmation" either... Just "Total", "Delivery", and "Grand Total" ....
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