Online misprice

iansp

I ordered a CD item from Europadisc.

I also noticed a box set on there at £0.00.
Taking a punt, I added it to my order.

I received a confirmation email - line in with their T&Cs.

http://www.europadisc.co.uk/information/3/Terms_&_Conditions.htm
"When an email is sent by the website to confirm an order, a binding sales contract has been entered into (whether or not you receive that email)."

I then received an email stating that the item I ordered at £7.99 was out of stock. Leaving only the free item. I was charged the 95p postage on my credit card for delivery of this item.

Today I received this:

"Many apologies for the error, but you will have seen that we managed to list the xxx audiobook boxset you ordered at a cost of £0.00. Unfortunately, we are unable to supply it for free. The usual cost of this item is £80.63, but we are willing to offer a 10% discount in compensation for the confusion. Would this be of interest? If not, we will cancel the order for you and refund the £0.95 postage charge already paid.

Apologies also for the unavailability of 'xxx'."

Now my reading of this is that, in line with their T&Cs a contract has been entered into. Yes, I took a punt - but since they accepted the contract based on their terms, do I have a leg to stand on?

tomwakefield

At the bottom their terms (in the privacy policy) states

i) confirm placement of your order
ii) confirm despatch of your order
iii) send regular newsletters informing you of new releases and special offers
iv) contact you in the event of a problem or delay with your order

I would expect it was part (ii) that would constitute the confirmation upon which the contract is binding, though I can see it is a bit ambiguous with two "confirmation" emails.

The terms also say

If an error is discovered in the price of goods that you have ordered, we will inform you of the correct price as soon as possible and ascertain whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price.

You could always try an email, based on the ambiguity, but I'd be surprised if you got anywhere.

ThumbRemote

tomwakefield wrote: »

You could always try an email, based on the ambiguity, but I'd be surprised if you got anywhere.

I'd also be surprised if they were willing to supply it.

Based on their T&Cs, the contract has been formed. You may therefore get the product at the given price if you're willing to take legal action against them to force them to stick to their side of the contract. But then it was clearly a mistake on their part so its up to you if you wish to force the issue.

zaax

Remind them of there t&c's and see what happens. I would argue that binding is binding, and it might be worth a punt in a court.

iansp

They offered me a discount on a purchase (which was still a lot more than I wanted to pay).
I think I could have tried pushed it further, but instead they agreed to:

A) Revise their T&Cs and
Make a donation to a luekaemia charity of equivalent value to the discount they offered me

So a good result for charity.

Jeff_Bridges_hair

Just make sure you get a confirmation from both them and the charity that they have done so.

iansp

They donated via justgiving.

Jeff_Bridges_hair

Golf clap all round then.

Coopdivi

Well done to Europadisc for being decent.

tomjonesrules

Coopdivi wrote: »

Well done to Europadisc for being decent.

Absolutely, and something I would much rather see than customers trying to get something for nothing*.

( * Not having a go at you iansp, in fact I am pretty impressed with your motivation!)

tomjonesrules

Hope you don't mind OP, I've posted about your experience on the Feedback board - more people should be following your example!