Given 'wrong pricelist' by Photographers

Jitterbug

Hi there

We had a family photography session and after viewing our pictures online, placed an order for about £50. After we placed the order they told us there had been an error and that we had been given the pricelist they use for schools etc and that they could not offer us the package we had ordered for that price but could offer it to us at £100. I have already paid the £50. This is in addition to an order we have placed for a large panoramic framed print for £400 which we are paying monthly for so it's not like they haven't got anything out of us already!

They are really nice and I understand that they are having to sell something for a lot less than they would like but I feel a bit hard done by. I do really want the pictures but feel like I should put my foot down!

Do I have any rights in this matter?

Any advice appreciated
J

InsideInsurance

You would need to read the terms and conditions. Normally a contract is formed when payment is given but the terms can vary this and, for example, websites often state the contract is formed on dispatch of the goods

arcon5

Was you given a price list before the initial session?

unholyangel

Legally binding contract is offer + acceptance = contract.

Just what is seen as acceptance is a different matter. Have a look through the documentation/terms and conditions given and see if it hints at when a contract is formed.

If after paying, you wouldnt be able to cancel (or wouldn't be able to cancel free of charge) you have a very good argument that the £50 is legally binding (as it is a unfair/unbalanced contract for the consumer to be bound to a contract while not binding the supplier).

paddyrg

If they haven't printed it yet, either pay more or don't take it at the higher price. If they have printed it and you have paid £50 and they are now asking for more money, offer then an extra fiver as the picture is useless to them ;-)

Jitterbug

Thank you for the replies. Have given me some things to think about. No I doubt they have printed them yet. I feel like I haven't got a leg to stand on but feel very let down!

Thanks again
J

unholyangel

Jitterbug wrote: »

Thank you for the replies. Have given me some things to think about. No I doubt they have printed them yet. I feel like I haven't got a leg to stand on but feel very let down!

Thanks again
J

Thats why I advised looking through terms and conditions. Usually in these types of purchases, once you sign up/pay a deposit/pay the balance, you are in a legally binding contract and you would be unable to cancel without charge.

If that is the case, you do have quite a sturdy leg to stand on due to what I said above.......that it is a unfair contract term to bind the consumer and not the supplier thus, if your terms and conditions say YOU are legally bound then the supplier is also legally bound to supply the goods for the agreed price.

aldredd

To echo Unholyangel,

if they've put in a term stating you have no right to cancel your order (which they probably have, as it's custom to order), then they're effectively bound to the same term - ie they have no right to cancel either, and should supply the goods on the agreed terms.