Next Sofa 'glitch' - please help!

CornwallJags

Good evening all!

I was alerted via Twitter yesterday evening that there was a Next sofa offer online whereby if you ordered a specific colour/size etc of a pair of sofas, at the checkout it would knock the price down from £1300 to just £98! It worked and I ordered 3 pairs at a combined cost of £301.98. The payments have been taken from my credit card and I received three separate confirmation emails last night saying that I'd receive a call to arrange delivery in the next couple of days. On my Barclaycard homepage it shows the three transactions, and there is also £3013.98 of 'pending' transactions. Now surely this is unlawful? The checkout clearly showed the discount of £1100 had been applied (to each of the 3 orders) so the full amount should be irrelevant because I'd already paid.

My question is, should I fight this and how should I go about it? The profit we were set to make on this would have (ironically) cleared my Barclaycard. We lost thousands when selling our house 18 months ago and we're gradually trying to claw bits back; this was a perfect opportunity to get a big chunk of it back!

Please help! I'm sure there are people out there 'in the know'. I was planning on phoning Next in the morning to question them about the additional pending card transactions, and also to inform them that I'm not too concerned about their stock levels as I'm willing to wait for as long as it takes. I know of one or two others (through Twitter) who've done this and none of them have received the cancellation email... yet!

Many thanks in advance

Dunc:)

stclair

A contract is formed between Next and you when they despatch the goods you have ordered. Until the goods are despatched the order may be cancelled.

So if its an error if you question it the first thing they will do is cancel the order as you kind of alerting them to the fact..

wealdroam

In my opinion, you stand no chance of getting the goods at that knocked down price.

Have a read of this thread to find out why.

Best cancel your order before you become committed to paying the higher price.

By the way, having lost money on your house sale won't swing things either.

vicmorrow

CornwallJags wrote: »

Good evening all!

I was alerted via Twitter yesterday evening that there was a Next sofa offer online whereby if you ordered a specific colour/size etc of a pair of sofas, at the checkout it would knock the price down from £1300 to just £98! It worked and I ordered 3 pairs at a combined cost of £301.98. The payments have been taken from my credit card and I received three separate confirmation emails last night saying that I'd receive a call to arrange delivery in the next couple of days. On my Barclaycard homepage it shows the three transactions, and there is also £3013.98 of 'pending' transactions. Now surely this is unlawful? The checkout clearly showed the discount of £1100 had been applied (to each of the 3 orders) so the full amount should be irrelevant because I'd already paid.

My question is, should I fight this and how should I go about it? The profit we were set to make on this would have (ironically) cleared my Barclaycard. We lost thousands when selling our house 18 months ago and we're gradually trying to claw bits back; this was a perfect opportunity to get a big chunk of it back!

Please help! I'm sure there are people out there 'in the know'. I was planning on phoning Next in the morning to question them about the additional pending card transactions, and also to inform them that I'm not too concerned about their stock levels as I'm willing to wait for as long as it takes. I know of one or two others (through Twitter) who've done this and none of them have received the cancellation email... yet!

Many thanks in advance

Dunc:)

Oh dear...see here:-

https://forums.moneysavingexpert.com/discussion/3277262

unholyangel

Orders
A contract is formed between Next and you when we despatch the goods you have ordered. Until the goods are despatched the order may be cancelled.


I have a feeling you could wait until 3012, Next will not be supplying the goods at the price you originally though you were going to get them at.

mattyprice4004

They'll be cancelling and refunding - nothing else.

quinnell1

Yet there own terms and conditions say prices are corrct at time of ordering. so where do you stand then?

vicmorrow

quinnell1 wrote: »

Yet there own terms and conditions say prices are corrct at time of ordering. so where do you stand then?

Here:-

Orders


A contract is formed between Next and you when we despatch the goods you have ordered. Until the goods are despatched the order may be cancelled.

quinnell1

You go into the shop and see a price label for £10. This is an invitation to treat. This is basically the shop saying we will take £10 for the item if you are willing to offer it.

When you take the item to the till you are making an offer. Which is basically saying 'I am willing to offer you £10 for this item'.

The £10 you are offering is consideration. This is you promising to pay them £10. The shops promise or consideration is the item they are going to give you for the £10. Most contracts have to have some form of consideration (although not all).

Finally, the shop can decide whether to accept or not. At this stage they can still refuse to sell you the product and they are under no obligation to. Only when they have accepted your offer is the contract complete and they are bound to sell you the product for £10.



£98 is paid - An Offer.

Confirmation email from Next saying they will arrange delivery - Accepted?

fluffnutter

Did you really need six sofas or were you taking advantage of their obvious mistake? Perhaps you'll be stuck with six expensive sofas and no right to cancel as penance for your opportunism! Ouch!

Edit: Just re-read your post and realised you were hoping to sell these on. Unlucky

wealdroam

quinnell1 wrote: »

You go into the shop and see a price label for £10. This is an invitation to treat. This is basically the shop saying we will take £10 for the item if you are willing to offer it.

When you take the item to the till you are making an offer. Which is basically saying 'I am willing to offer you £10 for this item'.

The £10 you are offering is consideration. This is you promising to pay them £10. The shops promise or consideration is the item they are going to give you for the £10. Most contracts have to have some form of consideration (although not all).

Finally, the shop can decide whether to accept or not. At this stage they can still refuse to sell you the product and they are under no obligation to. Only when they have accepted your offer is the contract complete and they are bound to sell you the product for £10.



£98 is paid - An Offer.

Confirmation email from Next saying they will arrange delivery - Accepted?

From the Sale of Goods Act...

28 Payment and delivery are concurrent conditions.

Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.

The important words in there are Unless otherwise agreed.

You may feel that a contract has been formed, but you have agreed, by accepting their T&Cs, that a contract is formed at despatch.

Have a read of the thread entitled READ ME FIRST PLEASE . . . Useful links, Resources and FAQs.
In particular, this post...
http://forums.moneysavingexpert.com/...2#post42874252

Other posts on that thread mention mispriced goods and may be of interest.