HMV will not fulfil my order because they listed a product at the wrong price

yeahinabituk

Hi

I purchased a 12 month xbox live membership from HMV.com at the bargain price of £2.99.

I've just received an email from them saying they won't be fulfilling my order because they listed the item at the wrong price. Do I have any rights to force them to send me the product. I thought if something was on a shelf in a shop for a certain price they had to sell it you for that price?

Please see their email attached below:

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Cat.No: 52M-00124
Artist: XBOX 360 ACCESSORY
Title : 12 MONTH LIVE GOLD COD: BLACK OPS BRANDED MEMBERSHIP WITH FREE T-SHIRT

We are very sorry, but it has come to our attention that this item recently appeared on our web site at the incorrect price of £2.99, instead of the more typical price of £35.16. We trust that you will therefore understand that we are not in a position to process your order at this incorrect price.

We very much regret any disappointment or inconvenience this may cause. No doubt you will be wondering what your rights may be in this matter, but, as we trust our terms and conditions governing our online sales make clear, any contract with a customer placing an order is only entered into at the point when payment for the goods or services is actually received. As you may be aware, hmv has not yet taken payment from you for the goods listed above nor, indeed, taken the final step of confirming the shipment of your order to you by email (please see point b. in the section entitled 'The Contract Between US' on the first page of our Terms and Conditions). So we trust you will therefore appreciate that there is not a legal requirement to make this item available at the incorrect price.

Once again, we really are very sorry about having to take this course of action resulting from what is a genuine error on our part, and whilst we do, of course, very much value you as a customer we hope that you will also understand our position and that you will be kind enough to accept our most sincere apologies.

We appreciate that you may no longer wish to proceed with the order at the corrected retail price of £35.16, but if you do, then please place an order through

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Is there anything I can do to force them to fulfill my order?
Kind regards

Paul

vuvuzela

You thought wrong about the wrong price being displayed. Google "Invitation to treat". You can't make them sell at the clear misprice.

Apricot

yeahinabituk wrote: »

Hi

As you may be aware, hmv has not yet taken payment from you for the goods listed above nor, indeed, taken the final step of confirming the shipment of your order to you by email (please see point b. in the section entitled 'The Contract Between US' on the first page of our Terms and Conditions). So we trust you will therefore appreciate that there is not a legal requirement to make this item available at the incorrect price.

Did you read the email they sent you?

lucylucky

As above.

They are under no obligation to sell to you at the "wrong" price.

spadoosh

Lol, was gutted when i saw the thread with the offer and thought i missed out. Wondered how long it would take before a thread like this was set up.

Unlucky to thos of you who paid, atleast you will not lose out. Always worth a try though!:)

spadoosh

yeahinabituk wrote: »

I've just received an email from them saying they won't be fulfilling my order because they listed the item at the wrong price. Do I have any rights to force them to send me the product. I thought if something was on a shelf in a shop for a certain price they had to sell it you for that price?

Even funnier, everyone thinks this. I work in retail and a business definately does not HAVE to sell anything (if they don't want to). However it is a trading standards issue but retailers are given some leeway due to human error, at the end of the day its not the business fault if an employee puts a wrong price out or doesnt change the price!

garth549

Yea a business does'nt have to accept your order or your custom. Even if something is priced correctly they can refuse to accept your order/serve you if they want.

Its the same as if you were selling your house, if someone offered the asking price, you don't have to accept it or give a reason if you don't want to.

custardy

princessleah_ wrote: »

Did you read the email they sent you?

i got the same email and laughed at all the detail in it
seems others just didnt bother to read it!

GillsMan7

spadoosh wrote: »

Even funnier, everyone thinks this. I work in retail and a business definately does not HAVE to sell anything (if they don't want to). However it is a trading standards issue but retailers are given some leeway due to human error, at the end of the day its not the business fault if an employee puts a wrong price out or doesnt change the price!

On that note, I went to buy some curtains once (it does get more interesting, believe me). They were listed at something like £100 but when we got to the till, the cashier said that they should have been priced at £300. Incredibly she then said "oh, we have to sell them to you at the price listed, so you'll get them for £100". My wife then said "oh, my husband knows all about that through his work" (I used to work in advertising regulation). I just kept quiet and told my wife the truth afterwards.

This was at a major chain. Still who'd pay £300 for a pair of curtains??

Hintza

OP you might want to peruse this thread:-

Searcher wrote: »

I saw this misprice on HUKD

Anyone care to take a punt at how long it takes for the "What are my rights" and "Is this legal" crowd to appear when they cancel the orders?