Advice needed on internet mis-pricing when the money was taken weeks earlier

Emanef

Hi there

I placed a pre-order for a DVD with http://www.4cheapcds.com back on 14/1/07 for a DVD due for release in march 07. I assumed that it was just a good price. The money was taken from my bank account that day. However, on Friday I got an email from the company saying the following:

Hi,
unfortunately, due to a technical error on our site, BORAT (DVD) - Cultural Learnings of America For Make Benefit Glorious Nation of Kazakhstan was incorrectly priced at £5.47.
This should not have happened and the issue that caused this has now been resolved, the correct listed price is £16.65.
Because of this we have had to cancel and refund your order for this title.
If you do wish to purchase again at the correct price of £16.65 then please follow this link:
<http://www.4cheapcds.com/product/Coming_Soon_DVD/BORAT_(DVD)_Cultural_Learn ings_of_America_For_Make_Benefit_Glorious_Nation_of_Kazakhstan/.........>
http://www.4cheapcds.com/product/Coming_Soon_DVD/BORAT_(DVD)_Cultural_Learni ngs_of_America_For_Make_Benefit_Glorious_Nation_of_Kazakhstan/......... > and re-order.
We are very sorry for any inconvenience caused.
Kind Regards
John

I checked my bank and they definately took out the money at the time it was placed. My understanding is that if no momney was taken the order was not actually accepted and there is no obligation to honour the error, but if money was taken they have accepted the price and are legally obliged to honour the agreement between them and myself. Is this correct? If so, can someone point me in the direct of the law. They replied to my first email saying they cannot honour the price and want to refund me, but I've replied asking for a UK address (they gave me a Singapore one to contact, but their website shows a Leeds address for returns) so I can contact their local Trading Standards Office.

Thanks.

Dave_H_4

Hey there,

I really do not see your issue here as you have been refunded the money.

You ordered a DVD incorrectly priced, the company noticed this mistake so sent you an e-mail advising you of this and refunded your money, what is the problem.

It sounds like you are just bitter and !!!!ed off that you didn't get the DVD at a bargain price, there are no illegal moves here. The company didn't have the product to supply at that price so refunded.

What exactly is your issue, you have your money back??????????????

lju

Legally as they have taken the money the contract is formed and they have to supply you with the dvd you ordered. Dave_H is incorrect.

mdbs

What an unhelpful and waste of time reply this is. Oh, and I missed pointless...

Dave_H wrote: »

Hey there,

I really do not see your issue here as you have been refunded the money.

You ordered a DVD incorrectly priced, the company noticed this mistake so sent you an e-mail advising you of this and refunded your money, what is the problem.

It sounds like you are just bitter and !!!!ed off that you didn't get the DVD at a bargain price, there are no illegal moves here. The company didn't have the product to supply at that price so refunded.

What exactly is your issue, you have your money back??????????????

devild_2

The distance selling regulations could apply but you should check the sites Terms and Conditions to see if they have included any rider on mispricing. To be honest as they took your money and the period for expected delivery has passed I think you could have a reasonable arguement to say that a contract was formed. You have lost interest (lol) on the money in your account however if the company had thousands of customers with mispricing they would be getting interest on the funds held. Send them an email saying you are unhappy with this and request politely that they honour the "contract" only if this does not work advise them you will refer it to the Citizen's Advice (you can get local one online) they will then take this up on your behalf (I did this before with Argos and got a result). The last resort would be raising a small claims action but this will cost you and although you will get refunded costs if you win it is a gamble for such a small amount. Good luck.

rsykes2000

All that stuff about them having to sell it to you if they have formed a contract is fair enough, but not relevant in this case as it is not a UK company - Citizens Advice won't be able to help either. Give it up and move on, you've got your money back. Don't waste more time and effort.

MarkyMarkD

They are actually a company registered in the British Virgin Islands.

I agree with rsykes - I would not even consider taking legal action against a foreign registered company, although I would do so in a trice against a British registered company (and have done so, and have won, on precisely this sort of issue).

Dave_H_4

mdbs wrote: »

What an unhelpful and waste of time reply this is. Oh, and I missed pointless...

Why exactly? This is £5.47 for god's sake!!

It blatantly sounds like this guy is just gutted that he never got his DVD for a bargain price so wants to take "legal action"!!!

Surely common sense would say that it would cost a HELL of a lot more than £5.47 to start legal proceedings??

Emanef

I gave up on this ages ago guys (check the date of my post!). My gripe was that they took the money out of my account - in the past when companies have done this they've had to honour the deal (a la the Argos fiasco a few years back) as they've accepted a contract between buyer and seller by taking the money. Companies shouldn't take money out of your account until they have confirmed and verified the agreement. I don't really think they should take any money until dispatch, which more reputable co's like Amazon, Play, Choices, etc don't do.

Anyway, for the small amount I couldn't be arsed to pursue it. I was just irritated that they had my money for almost two weeks before realising and refunding. Fine on £5.47 but what if it was a purchase of a large itemm, such as a plasma TV, and they held on to lots of customers' money and gained interest? It was a prinicipal thing, and two respond to the sarky comments, I'm really not that bothered!

And common sense? Not really. You often see bargains online, both for new and older titles. Just because it was a low price doesn't mean it was obviously a mis-prise, as I just thought it was a cracking price. I bought Casino Royale in Asda for about £7 in the week it came out, so it's not exactly unheard of is it.

kiddy_guy

Dave_H wrote: »

Why exactly? This is £5.47 for god's sake!!

It blatantly sounds like this guy is just gutted that he never got his DVD for a bargain price so wants to take "legal action"!!!

Surely common sense would say that it would cost a HELL of a lot more than £5.47 to start legal proceedings??

Who got out of bed the wrong side then? If the product was £5000, it wouldn't matter. It's a point of principle and legality.

Dave_H_4

kiddy_guy wrote: »

Who got out of bed the wrong side then? If the product was £5000, it wouldn't matter. It's a point of principle and legality.

Principle--exactlyl!!!!

Morally wrong-yes, illegal-no especially as the company is a "Singaporean based company" (taken from their site)