Company not supplying goods

TLJester

I hope that someone can help me out here and give me some advice.

I recently purchased some computers from a large online retailer(base unit and monitor).
They confirmed my order and later took payment for the items and confirmed payment and a delivery date (6 days from order date).

Over a week from ordering (and missing the delivery date) they informed me that there was an error and refunded my money also cancelling my order. The reason they gave for cancellation was a pricing error and that the item will not be stocked (when ordered it showed over 80 items in stock). However looking through their site they do still have the items in stock (base unit and monitor) with over 100 each, though at a higher price from what I ordered (and not as a bundle)

I am just wandering where I stand on this ?

Seems unfair that they took my money and confirmed everything - only to bail at the last minute. If they made an error and took payment isn't that their problem? (bit like Hoover and those aeroplane tickets?)

BTW - I kept copies of all online pages/orders etc

Thanks for any info

derrick

Contact them and tell them unless you get the goods they are still adertising,that you will report them to Trading Standards,tell them you have the copies of the relevant pages, if neccessary e-mail the pages to them.

TLJester

Thanks Derrek

I was hopeing someone could shed some light on where I stand legally with this, ie if the company is clearly in the wrong ? and what I do/where I go from here.

BFG_2

If they took your money you are legally entitled to the goods - they must supply goods or a suitable alternative or you can sue (small claims) for 'loss of bargain'.

Your CAB or TSO will be able to help you.

Paul_Varjak

I must say that it does sound like you realised there was a "pricing error" when you ordered the computers, otherwise why did you order six of them?

In general companies, do not have to supply at the price stated in an advert, as an advert is only an 'invitation to treat'. You then make the offer (based on the price in advert in this case) which they can decline or accept.

Now if they advertise goods at a 'false price' that may be a criminal offence, but I am not sure that this applies to internet advertising. Even if it does it will not affect any claim you have in civil law for breach of contract.

However, in your case, they do seem to have accepted your order by taking the money, only later finding out their 'pricing 'error'. I am not sure of the exact legalities but it does seem to suggest that that by accepting your 'consideration' (the monies paid) that they entered into a binding contract to supply at that price.

I suggest that you contact your Trading Standards department for clarification.

shrek101

Sounds like you can sue them for breach of a contract and 'loss of a bargain'.

I am afraid I doubt very much Trading standards will do out but give you advice.

TLJester

**UPDATE**
Sent them an email telling then how upset I am with the current situation, and that if things didn’t get resolved then I would speak Trading Standards.

Their response is that the price difference is too great so that they are not obliged to fulfil the order as it’s clearly a pricing mistake. That they respond to errors as soon as possible (but not before taking my money). And that I was refunded as the item is no longer stocked (which it is as mentioned before).

Flicking through the info at the TS's website, it suggests that once money is taken and delivery confirmed that both parties are agreeing to the contract?

I will be speaking to TS's in the morning, but any more advice most welcome.

Many thanks for the information so far

Turning_into_scrooge

Have a look here, this may help you.
http://www.consumeradvice.net/cgi-bin/yabb/YaBB.cgi