Delayed and cancelled order followed by price hike

shockeroo

Hello,

I ordered a monitor from dabs.com on 28th October; I was sent an order summary by email with addresses and price but not charged (Dabs do not charge until dispatch.) The monitor was out of stock but due in within a week. The due date kept slipping so I emailed them, and on the 10th November they cancelled the order form their end citing supply problems.

Now the monitor is back in stock but the price has increased by £100. I'm wondering if my order and their confirmation email constitutes some kind of contract by which they are still obliged to sell to me at the original price. Can anyone confirm either way and, if they are, can you kindly cite any relevant legislation.

Many thanks in advance for any help,

Kevin

unholyangel

You cancelled the contract. The effect of cancelling a contract is to treat it as if it never existed.

paddedjohn

AFAIK, the contract doesnt exist untill the goods are dispatched.

MamaMoo_2

If you read the sticky titled "Do shops have to sell at the marked price?" you will get all the relevant information.
The basic gist, however, is that unless their T&C's state otherwise, the contract is not usually complete until goods are dispatched and payment is taken, and as neither has occurred, then they aren't obliged to sell to you at that price.

bod1467

The cynic in me says that they delayed the order citing "supply problems" until you agreed to cancel, as they didn't want to sell you it at the original price. i.e. they made a pricing mistake but didn't want to admit this and jeopardise the rest of your order. (In that you might have cancelled the whole lot).

Proving this though will be impossible.

shockeroo

I never asked them to cancel the order, nor did I agree to it's cancellation - they did that when I emailed them to ask what was going on.

But it looks like it wouldn't stand anyway. Thanks for the feedback everybody.