Ladies top - free at very

skysnowing

Just had an email from Very saying that
'We are emailing about your recent order Fold Centre Vest.

On 02 Aug 2010 our website experienced some technical issues. As a result one of our products, a Fold Centre Vest, was displayed at £0 instead of £10. Our records show that the following affected products were ordered, and received, by you:
As the products were zero priced and you made no payment for them, no contract was formed and the items remain the property of the business.

Therefore, we need you to take one of the following actions:
• If you do not wish to keep the items, please return all the listed products back to us in a complete and unused condition and in the original packaging within the next 14 days.
• If you wish to keep the items and you have a credit account, simply retain the products and we will add the appropriate amount to your credit account. If you do not return the items to us within the next 14 days, we will assume that you are keeping them and apply the cost of purchase to your account.
• If you wish to keep the items and you have a cash account i.e. you pay by credit or debit card, simply contact us on 0844 811 1217 to make the required payment.
If you have already returned the above items then please disregard this email. Any payment disputes will be referred to our Legal team for resolution.
Thank you for your co-operation. We look forward to resolving this matter as soon as possible.

If you have any queries relating to this action, please call us on 0844 811 1217 between 7am to 11pm and we will be happy to help you.
Yours Sincerely
Very'

has any one got the same email from them?

galvanizersbaby

Oh dear - doesn't surprise me with this catalogue group to be honest - are you able to send the top back?

Let's hope the lady that ordered 18 hasn't got this email!

gpalmer711

I received the same email and have replied telling them in no uncertain terms that I have no intention of either returning the item or paying for it. They are welcome to take the matter further, but if they do they I will make a complaint to the Financial Ombudsman (as I have a CCA with them) and if required place a claim at the small claims court.

A post above on the 4th August stated that Very had called to cancel the order due to an error. My items were dispatched after that date. As far as I am concerned, they had the chance to either call me or simply cancel the order before dispatch but didn't.

The other thing to bear in mind is that they charge postage on the order, as such if that has already been added to your account (as is in my case) or has been taken from your payment card then a contract has been formed. It doesn't matter whether individual items were £0.00 as the contract is for an order as a whole.

jellyhead

I got the email too, just one but I ordered 2 tops. I've got 1 of them to return, gave the other away. Ah well ... they emailed me a code ZQ747 for £10 off any order so I've ordered something, and if it needs returning the £10 credit will still be on my account ... so that's £10 less postage charge that'll go towards the top I gave away lol

sweethaleem

Received same email but funny thing is I never received my vest YET still shows "received at depot" on my tracking order screen. I am beeing charged for an undelivered order. :eek:

DarkConvict

Very T&Cs

2.1 All orders placed through our website will be subject to our acceptance of the order.

They processed, and dispatched the order. There go they have accepted it.

3.2 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.

They must contact you before the dispatch to dispute any prices on the order.

At the end of the day, if you didn't pay then the goods and they are stating no contract existed then these are considered unsolicited goods, and as such you can keep them

The only leg they would have to stand on is they were ordered, but then you simply state they accepted the order.

The law that gives you rights about unsolicited goods and unsolicited services is The Unsolicited Goods and Services Order (Northern Ireland) 1976, as amended. It was amended by the Consumer Protection (Distance Selling) Regulations 2000. Under this legislation, while it is not an offence for anyone to send unsolicited goods or a service, it is an offence if they demand payment or threaten legal action to get payment

http://www.consumerline.org/search/?cat=Goods+%26+Services&item=Unsolicited+Goods+and+Services

jeppy

I had forgotten about this!! I dont remember which email address I used, but I must have deleted the email stating that I wasn't going to get my top! I haven't received the top or the 2 beds I ordered previously!

CrimpQueen

They are now writing to everyone charging them for these just to warn you. Luckily only a few of the people I gave them to have worn them so I am sending the rest back.