Currys online "pricing error".

simcken

I am really annoyed as I thought I was buying a chest freezer from Currys. They advertised it at £99. I received a confirmation, thye took the money, the telephoned with a delivery date and reference number then cancelled by email saying it was a pricing error and it was now out of stock even though it is now advertised to buy now at £249! They are being very very unhelpfull and unapologetic saying they can do what they want until I receive the goods. Do I have any recourse?

peachyprice

No, you don't

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

PILES

peachyprice wrote: »

No, you don't


But in this case it is no longer an invitation to treat but a contract has been formed (payment made, delivery agreed etc) Unless the product is physically unavailable I would say that Currys do have to honour this one. It may be difficult to enforce though.

bris

PILES wrote: »

peachyprice wrote: »

No, you don't


But in this case it is no longer an invitation to treat but a contract has been formed (payment made, delivery agreed etc) Unless the product is physically unavailable I would say that Currys do have to honour this one. It may be difficult to enforce though.

No they don't
http://forums.moneysavingexpert.com/....php?t=3277262

spadoosh

I agree with post #3.

Payment taken + delivery agreed = Contract made

Though also agree with it could be a lot of hard work making them honour this.

**EDIT**

Ahhh, just noticed its curry's online.... hmmm maybe not.

"Its a bit more difficult with online transactions because it is not always clear when a contract has been formed. In the past online retailers would accept as soon as you made a payment. However due to a few cases where shops lost money through pricing mistakes most shops now only accept your offer when they send the item out. This means even if you pay for an item, the shop has not actually accepted your offer even though they have taken your money - this means they can cancel the order. You should read the terms and conditions of the retailer to see what their stance is on pricing errors and when the contract is formed."

quoted from that link above no copyright intended used for educational purposes and what not!

simcken

They ssem to very guarded about it being a forward order and not actually "in stock". I think it will be difficult to prove though. I feel very let down. Their "Customer Sevices" team were awful, and couldn't care less.

shaun_from_Africa

PILES wrote: »

peachyprice wrote: »

No, you don't


But in this case it is no longer an invitation to treat but a contract has been formed (payment made, delivery agreed etc) Unless the product is physically unavailable I would say that Currys do have to honour this one. It may be difficult to enforce though.

Yes a contract may well have been formed, but part of the terms for that contract are

Sometimes we have to hold our hands up and admit we have made a mistake by unintentionally publishing inaccurate information on the site (e.g. the price, description or availability of a product you have ordered). In this instance we may have to cancel your order at any time up to the point we send you the product(s), even if you have received your Order Confirmation email, and you will receive a full refund of any charges already paid

spadoosh

Shaun beat me to it!

So no OP you have no recourse against this. An email stating your dissappointed this happened and has caused you to lose faith in their online shopping is probably the best you can do, they might offer you a money off voucher or something along those lines to keep you sweet.

CoolHotCold

In law, a contract has not been entered into by both parties untill explicit agreement is given by both parties (You give them money for a item which constitutes your acceptance to the contract, and the retailer can choose when to accept the contract which will be clearly laid out in the T&C).

They even state in the emails when the order is accepted (you would of got a order acceptance confirmed they've received your intent to purchase the goods) to state they will send out another order when the order is confirmed, and as per the T&C will enter a contract with you when the item has been delivered, until then you have no legal rights to the goods.


If you visit HotUkDeals or any other sites you'll get these obvious misprices and I'm all for signing up and trying in the hopes of getting lucky, but if they cancel the order I won't complain, (Didn't get the £0 xBox and Halo deal from Game, but I understand why they can't fulfil it, they were under no legal obligation to do so and I harbour no bad feeling about it)