Maplin Mis-price ,2Ghz Celeron Motherboard Bundle (Now Gone)

shahidemran

Ordered delivered yesterday, and today I received a phone call from Maplin and they are asking for money, what shall we do now???

matto

Interesting. I don't see that they have a leg to stand on. I think they must be trying it on.

I think if they're ringing up asking for payment they probably know that they're up !!!! creek. Otherwise I think they'd just charge your credit card.

shahidemran

Maplin says that due to some reason the payment couldn't gone through, so she need my card details to charge me, I asked how much you gonna charge, she replied £59.99. I told her at website you had different price when I ordered, she replied that she don't know about that, I argued that i can't afford at this price then she askd me to return.

rchddap1

Although I missed this one I suspect Maplin are fighting a losing battle here. You offered £0.00 for this bundle. They accepted this offer when they shipped the order. As you now have the goods I can't see how they can 'require' you to send them back, or pay for them.

matto

You'll have to play hard ball. Of course they're going to ring up and ask for payment. Question is will they take you to court? In fact I'd be surprised if they sent anything in writing.

layaboutluke

I've just had an email from Maplin, containing the following:

Thank you for your recent order with Maplin Electronics.

Unfortunately an error has occurred with our system and we have failed to
charge you for the B59CU that you have ordered under the reference XXXXX.

Could you please contact us to make arrangement for the payment of £59.99 or
arrange the return of the goods.

If you have any queries please do no hesitate to contact us.

Kind Regards

Would email be classed as writing? Obviously I don't want top return it, but if i'm breaking the law... Any ideas of how I should proceed or just wait and see if it goes away?

rchddap1

Find a copy of their Ts&Cs on their site. It should say somewhere at which point a contract is formed...ie, at which point the deal is done.

Next step .... if anyone wants to take it .... would be to contact Trading Standards and get their view point on the situation.

And they can't take the money from your card at their discretion....they have to have your agreement first!

rchddap1

No mention specifically on when the deal is done but....

Note points 3.3....any change in prices will be communicated at the time of ordering. And 3.2...says that they can change the price at any time.

3 Prices

3.1 All prices for the Goods are in pounds Sterling and subject to Value Added Tax (VAT) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Maplin.

3.2 Whilst every endeavour will be made to maintain the prices in the catalogue Maplin reserves the right to alter prices at any time.

3.3 Any change in price will be communicated to the customer at the time of ordering.


Point 4.5


The Customer shall be liable for the postage costs to return the Goods to Maplin, Goods must be returned by first class post with proof of posting. The Customer must take reasonable care of the Goods and return them in the original packaging and suitably protected to ensure safe delivery to Maplin.


So they expect anyone returning goods to bear the cost. Also, they require the goods to be returned by first class post....despite the fact that this will only cover the goods up to the value of £32.

8.1 The risk of damage to or loss of Goods ordered from Maplin will pass to the Customer when the goods are delivered.

I can't see that they have any right to demand payment or return of the goods. However, would be worth while talking with Trading Standards before taking any action. That should sort them out.

matto

I think technically you haven't formed a contract as you haven't paid anything. Contracts require consideration on both sides, normally the promise to pay is sufficient consideration to form the contract and receive the goods. If there's no contract T&Cs are pretty meaningless although arguably could be used as a guide. And term 3.3 seems pretty useful. Term 3.2 does not of course allow them to change the price after ordering.

However, just because there's no contract doesn't mean you're breaking the law, just puts the situation into a grey area. Essentially the goods were offered as a free gift although this was clearly a mistake.

I don't know whether they count as unsolicited goods or not. I suspect not, but it may be worth ringing trading standards and seeing what their opinion is. It is illegal for companies to demand payment for unsolicited goods.

First thing I would do is ask Maplin where the £59.99 price comes from as that was not the price on the website at the time you ordered and is not the price on your invoice.

Might also be worth speaking to your credit card company see what they have to say about the situation and particularly the email which says they failed to process your card correctly which we know is false.

fleetingmind

I ordered three items that were priced at £0.00. Two of the items got cancelled before it was delivered.

As far as I am concerned the item was priced as £0.00 on the website that is what I 'paid' that is what they then proceeded to deliver.

I will ignore this email (And watch my credit card very closely) then if I get another I will dispute it. If it comes to it I will say you want it you come and get it. I.e a courier.