Quoted one price, charged more than quote?

Zither

Hey luckylucky, thanks for your reply.

Yes, they definitely quoted the price to me, which I also asked them to confirm several times. By authorised, do you mean taking payment?

For what reason would you think I have a good case? (Hope that doesn't sound too blunt, but like I say - novice!).


:A

Meedley_Wah

I'm not LuckyLucky but I think you have a good case because when they quoted a price to you on the phone you agreed to that price and by making a payment you signed your contract with the retailer to get your product for that price. However, they've charged you £300 more than they should've. That's illegal.

If a price is wrong somewhere but you are informed before the payment is made (creating the contract) then that's legal. You were told and you still agreed to the price. But they don't have to do it for the incorrect price if you know beforehand that the price is wrong.

You didn't know beforehand about this price and thus, they'll hear the phone call and be seen that you've been mislead, whether it's because of a technical error or the person on the phone is hungover, and then they'll have to work accordingley.

They might just do it for £800, or they might just give a refund. I dunno, but perhaps you can complain for the inconvenience? I know refunds sometimes take a few days to go through... Like cheques... You could possibly argue that the £300 was important and it was a massive inconvenience if nothing else?

4743hudsonj

Zither wrote: »

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.

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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.

No not at all, i was saying that they havnt given you terms before, so theres no way they can rely on this legislation. It means you should be entitled to the tv!

Zither

Hey Meedley, thanks for making your first post to me!

Handy information. I'm confident that they'll, at the very least, offer me a refund/allow me to cancel but I would really like the tv for the price I thought it was, not what they've actually charged me.

But, because I wasn't aware the price was incorrect, they're supposed to sell to me at the price I was quoted? I hope so anyway...!

Zither

Hey 4743,

I must sound a numpty, but you mean because I wasn't quoted these terms on the phone when I ordered, I wouldn't be aware of the paragraph from the OFT you mentioned? And therefore, like you say, I'm entitled to purchase this at the price I was quoted?

Meedley_Wah

No worries.

I might be worth checking out the Consumer Direct website too and emailing them? It seems you can do it anonymous and according to their website they work alongside Trading Standards. They probably won't reply till monday but it'll be a bit more of a definite answer as to what you can demand from them?

I can't post links cause of my noob status but if you google "Consumer Direct" it's the top link, then just find "Contact Us".

4743hudsonj

Zither wrote: »

Hey 4743,

I must sound a numpty, but you mean because I wasn't quoted these terms on the phone when I ordered, I wouldn't be aware of the paragraph from the OFT you mentioned? And therefore, like you say, I'm entitled to purchase this at the price I was quoted?

Nearly lol, its nothing to do with your knowledge of the legislation.

Basically, under this legislation, if the seller want to determine that contracts conclude at dispatch rather than payment (which is obviously good for them for exactly this reason!) then they must notify you of this clearly and durably before the purchase.

This is all fine and dandy online, but over the phone, theres often no chance for them to do this, so i cant see how they could rely on this.

Thus meaning the contract was formed at payment for the lower amount. The fact that they have taken the larger amount just means they have taken too much money which you should get back.

Zither

That's a really well explained 4743, thanks. So because I ordered over the phone (despite seeing the product online) and they didn't explain the terms over the phone, they're supposed to honour the price they quoted. Interesting point. Thank ALOT.

Thanks for the link Meedley. I think I will contact them and what they have to say on the matter, especially in view of 4743's point.

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wealdroam

Zither wrote: »

...(despite seeing the product online)...

I would try really hard to forget that bit.

Someone could argue that then you should have read their online T&Cs.

Not worth muddying the waters.

Zither

Hey Wealdroam,

Thanks for your reply. I don't think I can really. When I ordered I specifically mentioned that I'd seen the product on their website.

If only I'd known!