Quoted one price, charged more than quote?

Zither

Hello All,

I'm looking for a bit of advice. I 'bought' a television set today from a well known (and well regarded) chain store today. I bought it over the telephone after seeing a deal on their website for £850. I used my Visa card.

I was excited so I checked the website again later in the day. The price now said £1200 (+£350). Worried, I called their Customer Services to see if the amount I'd been charged had gone up as well. They said yes, my order came to £1200 (even tho it was advertised at £850 and I bought assuming this price.). I also checked my bank and confirmed that I'd been charged £1200.

However, looking at the electronic invoice they've sent me, it clearly says the total charged was going to be for £850. When I ordered the TV I asked several times if the price was definitely £850. The response to this each time was 'Yes'. He also thought it was a really good deal.

When I called back this afternoon their customer services told me there had been a glitch on their website and £1200 was the proper amount I should have been charged. They said they've escalated my call and need to listen to the call when I ordered the TV (apparently they record calls) on Monday and will get back in touch with me.

Can anyone tell me what my rights are, or point me in the direction of somewhere that has this info? I don't think it's correct to quote me one price then charge another, unauthorised (according to my bank) amount? I'm sure I can just cancel the order, but ideally I'd like the TV at the price that was quoted!

xxxxxxx Help please xxxxx

ps I'm happy to say who the retailer was, but wasn't sure if I was allowed to.

4743hudsonj

Zither wrote: »

Hello All,

I'm looking for a bit of advice. I 'bought' a television set today from a well known (and well regarded) chain store today. I bought it over the telephone after seeing a deal on their website for £850. I used my Visa card.

I was excited so I checked the website again later in the day. The price now said £1200 (+£350). Worried, I called their Customer Services to see if the amount I'd been charged had gone up as well. They said yes, my order came to £1200 (even tho it was advertised at £850 and I bought assuming this price.). I also checked my bank and confirmed that I'd been charged £1200.

However, looking at the electronic invoice they've sent me, it clearly says the total charged was going to be for £850. When I ordered the TV I asked several times if the price was definitely £850. The response to this each time was 'Yes'. He also thought it was a really good deal.

When I called back this afternoon their customer services told me there had been a glitch on their website and £1200 was the proper amount I should have been charged. They said they've escalated my call and need to listen to the call when I ordered the TV (apparently they record calls) on Monday and will get back in touch with me.

Can anyone tell me what my rights are, or point me in the direction of somewhere that has this info? I don't think it's correct to quote me one price then charge another, unauthorised (according to my bank) amount? I'm sure I can just cancel the order, but ideally I'd like the TV at the price that was quoted!

xxxxxxx Help please xxxxx

ps I'm happy to say who the retailer was, but wasn't sure if I was allowed to.

Well seeing as this is a telephone order and not an online one, i cant see any excuse getting them out of this.

Unless of course they supplied you with some terms in a durable format stating a get out clause beforehand. Which i doubt,

Zither

Hey 4743hudsonj (:A),

Thanks for your reply. I was hoping that might be the case. Do you have anything I can back that up with, relative legislation etc? Sorry to be vague, my first foray into this territory.

4743hudsonj

Zither wrote: »

Hey 4743hudsonj (:A),

Thanks for your reply. I was hoping that might be the case. Do you have anything I can back that up with, relative legislation etc? Sorry to be vague, my first foray into this territory.

Well just common law really, theres no legislation explaining contracts.

The Consumer Protection (distance selling) act 200 applies to this sort of sale, it does allow the seller to specify a time when the contract is deemed concluded. In the case of the internet, this is given in the terms and conditions and it usually means the contract is formed at dispatched (hence how Comet got out of shipping all of those TV's for 2p a few weeks ago).

This applies to the phone sales too but im not sure that they will have provided adequate terms to use this against you. In any case, if it were me, id want my TV.

Zither

Thanks again. Looking at their terms, the website does state, as you describe:

"Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions on (weblink)"

Why aren't you sure if these terms are adequate??

I guess I thought that once they'd taken payment this would account for some level of acceptance.

Cheers!!

4743hudsonj

Zither wrote: »

Thanks again. Looking at their terms, the website does state, as you describe:

"Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions on (weblink)"

Why aren't you sure if these terms are adequate??

I guess I thought that once they'd taken payment this would account for some level of acceptance.

Cheers!!

Well the terms are online..... which is fine if your ordering online but not over phone. Im not sure as to whether thats adequate to cover them or not.

Zither

Ah right, thanks!

4743hudsonj

Zither wrote: »

Ah right, thanks!

Bear with me whilst i read the OFT's guide to businesses on the DSR's for any info on this.

4743hudsonj

When is a contract concluded?
2.22 A contract is concluded when the consumer becomes bound to buy
something and the business becomes bound to supply it. The
conclusion of a contract is determined by the facts in each case.
It is in your interest to make clear to your consumers exactly when a
binding agreement will be reached. For example, you need to explain
if the contract becomes binding when the customer places the order
or only when you confirm that you have accepted their offer to buy.
If you are selling in a way that comes within the definition of an
information society service in the ECRs, you are also required to
explain the technical steps that the consumer has to follow to
conclude the contract. For more information on the ECRs see
Chapter 4 of this guidance.

From the OFT's guide to DSR's

Im guessing they have failed to do this so id say its a valid contract and they are bound to supply the goods.

Zither

Hey so many thanks for going the extra mile helping me with this.

Below are the wider terms from their website. Unfortunately, to me, it would seem that your post would agree in favour of the retailer?

Really appreciate your insight though.

---

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from johnlewis.com.
As your product is shipped from our warehouse we will send you a despatch confirmation email.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order
Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock.
Our inability to obtain authorisation for your payment.
The identification of a pricing or product description error.
You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

lucylucky

When you bought the TV over the phone what was the price quoted?

My experience of phone purchases usually involves the retailer telling me what the total amount will be and then getting it authorised there and then.

If you were told £850 over the phone but £1200 was debited then you will have a very good case against them.