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mispriced item
babaeve
Posts: 3 Newbie
I purchased a mobile phone from a well known site at a very, very, very cheap price and it all went through at the checkout with confirmation. Now I have have an email stating unfortunately there was an error and they mispriced the item! and have not charged my credit card. Are they allowed to do this? or is it legally binding as avertised. I have purchased with confirmation but as it was a transaction on the PC they say they have not then charged the card. So are they right as no money has then been taken.
Where do I stand?? Many thanks :huh:
Where do I stand?? Many thanks :huh:
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Comments
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Yes they can. They could take the money, then refund it if they wanted. online contracts are usually not complete until dispatch. Please read the stickies at the top of the forum for more info on this
One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.0 -
Are they still advertising the item at that price ?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 ForumTeam0
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No, they obviously realised their mistake, removed it and then emailed me to inform and presumably everyone else who purchased one!0
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Ah well, it was worth a try I suppose, better luck next time.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 ForumTeam0
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I'm thinking the "Sticky" should be in
HUGE RED LETTERSIf it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands
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"Stickies" are fine if you have been to these boards before, but if you are a new MSE member (as is the case with the OP) then you probably wouldn't have a clue what they are.0
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If they haven't charged your card then the transaction hasn't been complete so they can withdraw the sale. If companies make errors in pricing they have the right to withdraw the item from sale0
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Jugers, even if the card IS charged, the transaction is not complete. It's not complete until the goods are sent.One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.0
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Long answer:
Contract law requires an offer and an acceptance before it's legally binding. A shop displaying goods on a website is not an offer to you, it is an "invitation to treat" (basically "this is what we have for sale"). The prospective customer then offers to buy the goods (as a rule at the price displayed on the site). However, the shop is usually deemed to have only accepted your offer upon dispatch* as this allows them to check they are willing and able to fulfil and, if necessary, cancel your order without being in breach of contract.
* Shop terms and conditions will usually contain something which says when they consider your offer to have been accepted.Competition wins: Where's Wally Goody Bag, Club badge branded football, Nivea for Men Goody Bag0 -
Thanks all for your replys. It would have been gr8 to have it, but nevermind!0
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