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

13

Comments

  • mazza111
    mazza111 Posts: 6,327 Forumite
    As previously stated. The contract isn't formed until goods are dispatched. Ask for a refund of the money's that you have already paid.
    4 Stones and 0 pounds or 25.4kg lighter :j
  • reform_2
    reform_2 Posts: 21 Forumite
    mikey72 wrote: »
    When you cleared the cookies at the ordering stage, you probably cleared the county information, and the currency information.

    Ah, that does begin to make sense.
    Basically I had saved the URL of the order, when opening the URL on a clean system you get the cheaper price. Obviously the website hasn't been designed to stop the order if no currency is selected (despite defaulting to Sterling).
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    reform wrote: »
    My order WAS in £, delivery to UK, so I have definately NOT avoided paying VAT through my own actions.
    If the Channel Islands was selected (either by default or accidentally by yourself) then the order would still be in sterling albeit ex VAT. The fact still remains, you have purchased your bike exclusive of VAT and regardless of whether the contract has been concluded or not, you are still legally obliged to pay this.
  • reform_2
    reform_2 Posts: 21 Forumite
    neilmcl wrote: »
    If the Channel Islands was selected (either by default or accidentally by yourself) then the order would still be in sterling albeit ex VAT. The fact still remains, you have purchased your bike exclusive of VAT and regardless of whether the contract has been concluded or not, you are still legally obliged to pay this.
    It does look that way. Although if I order normally(ie without the glitch) then the VAT is included in the price. With this in mind, it is reasonable for me to have assumed that VAT was included in the price, so to be asked for the VAT after accepting my payment seems unfair.
    I'll write to them and see if they would meet half way. I'm not interested in continuing with the purchase at the price they now want.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Bear in mind the VAT is not yours or the retailers money, it belongs to HM Revenue & Customs. There's no half-way, you must pay the full outstanding VAT if you want that bike from them.

    If you don't want to continue then you are within your rights to cancel the order altogether under the terms of the DSR and get a full refund.

    Edit: I'd also report them to HMRC for not displaying VAT details correctly.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    neilmcl wrote: »
    Bear in mind the VAT is not yours or the retailers money, it belongs to HM Revenue & Customs. There's no half-way, you must pay the full outstanding VAT if you want that bike from them.

    If you don't want to continue then you are within your rights to cancel the order altogether under the terms of the DSR and get a full refund.

    Edit: I'd also report them to HMRC for not displaying VAT details correctly.

    The website did show the vat correctly. It only went wrong when the op deleted the cookies off the order page, and deliberately didn't refresh the order screen. (post#11)
    Works with P & P on some websites as well, but it doesn't mean you will get the goods delivered free, it just means you have taken steps to fool the website.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 January 2010 at 7:00PM
    mikey72 wrote: »
    The website did show the vat correctly.
    I said VAT details. When I say not showing the VAT details correctly I mean they're not showing their VAT Registration number, the VAT rate, the VAT amount, whether VAT is inclusive or exclusive. All things that they should be doing somewhere on the site.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    neilmcl wrote: »
    I said VAT details. When I say not showing the VAT details correctly I mean they're not showing their VAT Registration number, the VAT rate, the VAT amount, whether VAT is inclusive or exclusive. All things that they should be doing somewhere on the site.

    I haven't logged in, to actually go to the checkout, but I thought the requirement was it had to be on the invoice, and a VAT invoice could be by request.
  • reform_2
    reform_2 Posts: 21 Forumite
    mikey72 wrote: »
    The website did show the vat correctly. It only went wrong when the op deleted the cookies off the order page, and deliberately didn't refresh the order screen. (post#11)
    Works with P & P on some websites as well, but it doesn't mean you will get the goods delivered free, it just means you have taken steps to fool the website.

    Not correct, I didn't fool the website deliberately, this was the step I had to take to recreate the same check-out value after the original purchase. I had saved the URL at the time so I could go back to the same bike configuration. It was only after not being able to get the original price that I discovered that the lower price appeared if I opened the URL on another browser.
    Bear in mind the VAT is not yours or the retailers money, it belongs to HM Revenue & Customs. There's no half-way, you must pay the full outstanding VAT if you want that bike from them.
    Given any other purchase on the site has the VAT included it was assumed that the price I paid included VAT. If the "Grand total" I paid on this occasion failed to include VAT(ie internally on the website calculation), then it is fair to say that my understanding was that VAT was included in the price and the actual retail cost was 17% less. Thus the retailer has to take the hit. But, given the site has no VAT number, values, etc I suppose the retailer can argue either way.

    Interesting : http://www.hmrc.gov.uk/vat/managing/returns-accounts/tax-points.htm
    If the supplier receives full payment before the date when the supply takes place and no VAT invoice has yet been issued, the time of supply is the date the payment is received.
    If the "Tax-point" has passed... the retailer must now be liable to pay the VAT I have considered myself to pay, no ?
  • reform_2
    reform_2 Posts: 21 Forumite
    Further...
    Prices in retail shops

    Prices advertised to the public in ordinary retail shops include VAT. No tax will be added to the price when you pay. This is a legal requirement.

    They must also show the nine-digit VAT registration number of the business.
    No VAT number visible at any time before, during or after the transaction or anywhere on the website.
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