consumer rights mispriced nokia phone

mansie_2

Hi all, just wanted some consumer advice on a purchase i recently made from Argos.

Last Saturday I noticed that Argos had mispriced the Nokia Lumia phone on their website and were selling it for £120. I was unable to purchase the item online, so I simply popped into my local store where I purchased it at the till for the mispriced value. Unfortunately the item was only available for home delivery.

I have recently read on various sites that Argos have begun contacting customers who bought the item online and begun cancelling their orders.

My question is, as I purchased the item in store and not online and money has been taken from my credit card have Argos entered into a contract with me and are therefore obliged to delivery the item, or as the item is only available for home delivery do they only enter in to a contract once the items are despatched.

Any advice would be appreciated!

vicmorrow

What do you, yourself, think?

neilmcl

Have you read their T&Cs?

arcon5

vicmorrow wrote: »

What do you, yourself, think?

Ermm.. i'm guessing op is unsure, hence the reason they are here? :think:

Quentin

mansie wrote: »

Any advice would be appreciated!

Look for a different phone if you cannot pay any more than £120, as you won't be getting this one. (Though you may already have got that message)

halibut2209

Interesting question. Argos are quick enough to exclude instore ordering from their T&Cs when it suits their purpose. I wonder if they'd do the same here.

At the end of the day, you cannot force them to give you the product. They could simply refund you saying they are out of stock and you are in the same position you started in. Possibly you'd have a case for "loss of bargain", but that's tough to prove. And that depends on what the actual legal position is of when the contract is formed. My gut feeling is that the contract is still formed on despatch seeing as they didn't have the goods on the premises. I believe a refund is all you are entitled to.

vicmorrow

Darn...it's not actually a competition!

zaax

Most of the big Supermarkets are doing phones for a tenner now, get one of them.