Contract of Sale Breach ?

mrdbristol

A major online etailer advertised, confirmed and took payment on despatch of an item.

This was at a substantially lower price than normal.

I have recieved a totally different product.

They have told me to just return the item, at my cost, for a refund.

Are they bound by the original Contract of Sale to supply the goods advertised at the price advertised and paid for ?

Thanks.

InsideInsurance

Have you actually read your "contract of sale" (ie the terms on the website) to see what they are bound by?

mrdbristol

'Conditions of Sale;

We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail")'

They took payment on despatch of advertised product at the advertised price.

mrdbristol

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

No notification or cancellation was made - The order was processed in full at the advertised price.

ILW

Not if it was an error.

ajones456

I think under the Distant Selling Regulations you have 7 days to return a product that is not as offered. As far as I know it is at no cost to yourself if the item is not as described.

bod1467

Whilst DSRs will likely apply (and you have 7 working days commencing the day after delivery to NOTIFY them of cancelling, not to return the product), if the item is not as described then SOGA (sale of goods act) applies. In this case the seller must refund in full (item plus delivery) AND pay for the return of the item. There is no requirement (as far as I am aware) for them to now send the correct item - they have the option to nullify the contract, which means refunding in full including returns costs.

Some may mention the "loss of bargain" situation, but this may be a difficult path to follow.