My rights as a customer

Jamie0690

Hi everyone,

On Sunday Sony centre lakeside made a mistake on their website and priced a tv at £59.99. I bought one, and got a confirmation email saying It had been successful and they debited my account. Now they have sent me an email saying they have made a mistake and are giving everyone a refund due to the terms conditions. Following email quoted below. It states if the pricing of product is obviously wrong the contract is void. But the tv was in the special offer area of the site, so how do I as a customer know it is obviously wrong.

Can anyone shed some light into this as I think they are in the wrong and trying to get away with it.


We are contacting you regarding your recent online order for Bravia Televison KDL40HX723BU from Sony Centre Lakeside, operated by Shasonic Centres Limited.

It has come to our attention that unfortunately this item was incorrectly priced on the website at £59.99. This email is to inform you that we will not fulfil this order at this price and your order has been cancelled on this basis. We can appreciate that this is both frustrating and disappointing; however our terms and conditions cover this point and are accepted whenever an order is placed and can be found at:

Terms and Conditions!

8.4 Although care is taken to ensure the accuracy of the information on the Website and provided through the Call Centre, we do sell a large number of Products and it is always possible that, despite our best efforts, there may be inaccuracies or (in the case of the Website) typographical errors, which may include pricing errors. We are under no obligation to provide the Product to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing; this remains the case even if we have already sent an Order Confirmation to you. Any error or omission in any information on the Website or provided through the Call Centre shall be subject to correction provided that the correction does not materially affect a Contract.

starrystarry

The price was a tenth of what it should have been. You must have known it was a mistake, even if it was in the special offer section.

Crazy_Jamie

Jamie0690 wrote:

But the tv was in the special offer area of the site, so how do I as a customer know it is obviously wrong.

You engage your brain. This was clearly a pricing error.

arcon5

They are correct.

You saw an obvious mistake, tried your luck (nothing wrong in that), it didn't work (hard luck), pick your toys up and put them back in the box

unholyangel

Whilst we will collect payment for your Order at the time that you place your Order this does not mean that either we have accepted your offer or that there is a contract. If we are unable to fulfil your Order after having taken payment then we will refund you in full.

Contract is formed on them sending the order, not upon payment. If it had been on sale for 300 or something like that, it would be more believable but £59? Come on.

Read the sticky:
https://forums.moneysavingexpert.com/discussion/3277262

BlueAngelCV

Out of curiosity what would be the position if the OP could show that they genuinely believed it to be the price and that they did not consider the error to be obvious? For example if it was down to £150.00 that would be very cheapy but I wouldn't automatically assume that it was an error, particularly if I wasn't particularly clued up on specs etc.

savemoney

Forget it and move on you tried to take advantage of a price error many of us do and it didnt work this time. You wont get any where as usually a contract is formed when goods are shipped, if they sent it out then asked for difference then you may have a case

Jamie0690

BlueAngelCV wrote: »

Out of curiosity what would be the position if the OP could show that they genuinely believed it to be the price and that they did not consider the error to be obvious? For example if it was down to £150.00 that would be very cheapy but I wouldn't automatically assume that it was an error, particularly if I wasn't particularly clued up on specs etc.

Exactly my point

Ok I'm trying it on but how can they prove that I knew the price was a mis type.

savemoney

They dont have to prove, its up to you to claim 'loss of a bargain' ie special price etc ie argos did something like that with a kodak camera many years ago

If you want to waste your time trying to get anywhere fine but you wont

Jamie0690 wrote: »

Exactly my point

Ok I'm trying it on but how can they prove that I knew the price was a mis type.

unholyangel

BlueAngelCV wrote: »

Out of curiosity what would be the position if the OP could show that they genuinely believed it to be the price and that they did not consider the error to be obvious? For example if it was down to £150.00 that would be very cheapy but I wouldn't automatically assume that it was an error, particularly if I wasn't particularly clued up on specs etc.

Position would still be the same. T&C's state no legally binding contract until goods are sent.

NeverInDebt

We know you were trying it on and now it didnt work so you still want to persist in getting this deal. By all means continue

Jamie0690 wrote: »

Exactly my point

Ok I'm trying it on but how can they prove that I knew the price was a mis type.