Acceptance of order price mismatch and cancelled order

underthesea

Hi!

• I have ordered something online. No obvious price error
• payment processed and emailed to accept
• 3 days later I get a mail saying there has been a pricing mismatch (£30 difference plus i bought 2) and the company are cancelling.

Their T&C
"The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation."

"The Contract will relate only to those Products we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Acceptance Confirmation"

"Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation"

"We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing."

Where do I stand with this?
Small claims?
What would Trading standards do?

Thanks!


EDIT: Price difference is £30 plus i bought 2 items so it's £60 total

vaio

If they have taken the money and accepted the order then contract is in place.

Their "pricing error get out" might hold water but will depend on the price....selling a £6 item for £1 is fairly obviously a mistake, selling a £600 for £595 isn't.

bris

Small claims for what, £5 is it worth it? Thats all you can take them to court for, the price difference. Put things into perspective and either buy it or don't, not worth the time you will spend on it.

underthesea

It's well worth the satisfaction of !!!!ing them off and having them pay the fees for baiting customers into buying products and then saying 'whoopsie!'....

anyone run into this situation?

unholyangel

Or a court might not award you costs if they feel you have been unreasonable in your actions. They tend to take a dim view of people who sue on principle alone.

You said they accepted your order? Was it an order acknowledgement/confirmation or an actual acceptance? Tesco have been known to confuse people with that.....send a order confirmation but its not an order acceptance.

underthesea

I won't be documenting 'principle' on the forms if they force me to take action! Courts should uphold the law and not ignore it, even if small as it sends a message not to be crooked across the whole of the UK. Otherwise, every company would be doing this.

When I made the order, I got the 'offer'
3 days later (same day i got the cancellation) i got a mail titled 'payment processed' email

"Dear X
We can now confirm that your order (X) has been processed and payment has been successfully taken.

The order will be delivered on your selected delivered date. An email will be sent as soon as your order is dispatched from our warehouse."

ILW

All this for a £5.00 "loss" which is no even a loss.
Grow up and get yourself a hobby.

battleborn

Orders get cancelled all the time, its just one of them things. Accept it and move on with your life.

underthesea

Thanks for the support rich kids. When you're trying to get out of debt, every penny matters. I guess you've never companied about a company on here...... (I see you were angry about the few pence of electricity prices with eon battleborn or windging about stamps increases ILW which is much the same thing) If everyone was like you who wouldn't fight for what is right, consumers would be screwed financially everywhere.

If you're not going to be constructive and/or hypocritical, don't post here.

This is the second time this company has done this to boot...

battleborn

underthesea wrote: »

Thanks for the support rich kids. When you're trying to get out of debt, every penny matters. I guess you've never companied about a company on here...... (I see you were angry about the few pence of electricity prices with eon battleborn or stamps increases ILW which is much the same thing) If everyone was like you who wouldn't fight for what is right, consumers would be screwed financially everywhere.

If you're not going to be constructive and/or hypocritical, don't post.

This is the second time this company has done this to boot...

My point with eon was completly different.
They cancelled your order and gave you your money back, they are fully entitled to do that.

ILW

underthesea wrote: »

Thanks for the support rich kids. When you're trying to get out of debt, every penny matters. I guess you've never companied about a company on here...... (I see you were angry about the few pence of electricity prices with eon battleborn or stamps increases ILW which is much the same thing) If everyone was like you who wouldn't fight for what is right, consumers would be screwed financially everywhere.

If you're not going to be constructive and/or hypocritical, don't post.

This is the second time this company has done this to boot...

On the face of it, you have lost nothing though. They have refunded your money.