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Right the old budge had this email.


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:

FOLD CENTRE VEST ORANGE - 4 x £10 = £ 40

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

SHe bought the item when it was priced at £0 now they ask for money, are they in the wrong?

Comments

  • They can whilstle for it. I am not a consumer Lawyer but in my experience, items incorrectly marked in store MUST be sold at that rate not withstanding the retailer reserves the right not to serve etc.

    The online store completed the exchange at the level agreed at point of sale. If they want to be difficult, they can take you to court or debt collection. Oh happy day, the joy you will have at that point when you DO engage a consumer specialist and claim damages and duress for hundreds, you are in a strong position i believe as all parties agreed the sale and completed the transaction.
    Marry a Foreigner, its so much cheaper!
  • fthl
    fthl Posts: 350 Forumite
    the problem is that without any payment then there is no consideration and no contract. It fails for lack of consideration. If it didn't then I think it is fair that the doctrine of mistake would apply. The statements made in the email, about title not passing, could therefore be accurate.

    I think this is a difficult one legally therefore, and the buyers situation is not strong. I think the buyer would need to argue something along the lines that they were a gift or similar to keep without paying for them. Not an argument I'd like to punt. On the other side, the seller did send them out and offered to do so for nought.

    Morally however it is quite easy - pay for them if you want them. If not, return.
  • mumOf2wonderfulkids
    mumOf2wonderfulkids Posts: 348 Forumite
    edited 28 August 2010 at 11:43AM
    items incorrectly marked in store MUST be sold at that rate not withstanding the retailer reserves the right not to serve etc.


    from reading the OP's post, i get that he bought the items on the net?

    it is a common misconception that incorrectly priced items in store are the same as mispriced items ordered from the website. this is somewhat not the case, if there is a misprice on the net (if im right in what i have read lots of time on here) the retailer has up until the point of dispatch to cancel the order / realise the error & inform of correct price

    OP your best bet is to give consumer direct a ring - if you have already received the items they could possibly be in the wrong in asking you for payment,
    Can you see the mountains through the fog?
  • clements
    clements Posts: 39 Forumite
    yes they where bought on the net, from https://www.very.co.uk il give them a ring monday when theyre open
  • cyberbob
    cyberbob Posts: 9,480 Forumite
    1,000 Posts Combo Breaker
    They can whilstle for it. I am not a consumer Lawyer but in my experience, items incorrectly marked in store MUST be sold at that rate not withstanding the retailer reserves the right not to serve etc.

    Your incorrect regarding shops. All a price is is an invitation to buy. It's an urban myth that items have to be sold at that price.

    OP though when you tried to purchase these items didn't you wonder why there was no charge. Morally if you were willing to pay for the items originally why aren't you now?

    As for the legal position consumer direct are worth a ring.
  • molerat
    molerat Posts: 34,519 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 August 2010 at 2:24PM
    My opinion is that as they were priced at £0 and ordered and delivered with an invoice / statement of £0 then they can go whistle. They had the opportunity to correct their mistake prior to despatch. Since when does money have to change hands to form a contract, their own T&C's do not mention it. They have stuffed up and are using intimidating tactics to cover their corporate incompetence.
    Your order will be accepted by us (and a contract will then be formed between us) when we despatch the goods to you. Title to the goods will pass to you on delivery.
    As they have stated in their e-mail they will use the underhand tactic of adding the cost to your account if you don't send them back. If you don't pay they will send it on to a DC agency. Give Consumer Direct a ring.
  • Bamber19
    Bamber19 Posts: 2,264 Forumite
    Molerat, the fact that their own terms define when a contract is formed is completely irrelevant if contract law disagrees as law trumps their own terms. Consideration has been a significant and important part of contract for a long time. Without consideration a "contract" could only really be a promise.
    Bought, not Brought
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Bamber19 wrote: »
    Molerat, the fact that their own terms define when a contract is formed is completely irrelevant if contract law disagrees as law trumps their own terms. Consideration has been a significant and important part of contract for a long time. Without consideration a "contract" could only really be a promise.
    I would agree with this. But a further point needs to be recognised before applying the argument.

    The contract is for the whole order. I would argue there is not a separate contract for each separate line on the order. So if any money was paid for anything else, even post and packing [but possibly not carriage alone], then there is consideration.

    There are other issues however. If there was no contract, I would expect the supplier to pay return postage. And there is a potential for a dispute if the goods have been used.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    And to add to the above post, if no contract existed, could this not be considered unsolicited goods? On a technicality anyways.....
    Back by no demand whatsoever.
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