When is a contract not a contract?

stricko

Hi

I was shopping on-line for a new computer case, and through a price comparison site, came across a company called Osoo. Excellent price for the case I wanted, but I also noticed a ridiculously low price for a similar item from the same manufacturer. I guessed that the price was either a mistake or that they weer clearing old stock, but went ahead and ordered 2 cases for the grand total of £11 including £7.99 shipping. See, I told you that they were ridiculously cheap.... I even thought about posting it on this forum, but thought that I'd wait to see if it all went through OK.
Recieved email confirmation of the order, and thought that I'd bagged myself a bargain.
Ever cautious, I checked my account at the site later that day, only to find it showed that the order had been cancelled, and I duly received a short email to that effect, which stated that the item had been incorrectly priced.
A short email exchange ensued with culminated with this comment from Osoo

"Yes this (the order confirmation) does constitute a contract. However in contract law, if a mistake is made within the contract then the contract can be cancelled. We have taken legal advice on this subject and we have been advised that we do not have to honour the sale."

Doesn't sound very fair to me. If I'd been in a shop and an item was priced incorrectly, would I not have the right to purchase it anyway?

Your thoughts?

Paul

Sandoval

You don't have the 'right' to purchase anything no, if the seller doesn't want to sell you something for whatever reason then they don't have to.

neilmcl

stricko wrote: »

If I'd been in a shop and an item was priced incorrectly, would I not have the right to purchase it anyway?

No you wouldn't.

4743hudsonj

Google and read Consumer protection (distance selling) regulations 2000.

This is perfectly legal as they can stipulate that a contract isnt formed until dispatch (for exactly this reason- to prevent mistakes)

In a store you dont have a right to buy anything, let alone something incorrectly priced providing it was a mistake and not intentionally misleading.

gordikin

4743hudsonj wrote: »

Google and read Consumer protection (distance selling) regulations 2000.

This is perfectly legal as they can stipulate that a contract isnt formed until dispatch (for exactly this reason- to prevent mistakes)

In a store you dont have a right to buy anything, let alone something incorrectly priced providing it was a mistake and not intentionally misleading.

So if it's intentially misleading you have a right to buy it?

4743hudsonj

gordikin wrote: »

So if it's intentially misleading you have a right to buy it?

It depends...... Not a right as such but you could possibly enforce specific performance of loss of expectation. That pixmania tv incident comes to mind.

stricko

thanks guys, I stand corrected.

Worth a shot...

Kite2010

Check in a couple weeks, if the website is still showing the 'wrong' price than it might be something more fishy than an honest mistake