Internet misprice dispatched - company now wants more money

cootuk

Some may have seen the Lenovo T430 on HUKD priced at £217 down from around £1200

http://www.hotukdeals.com/deals/lenovo-thinkpad-t430-217-66-amazon-ur-mobile-1587410

Some resellers cancelled orders promptly quoting a misprice.
At least one retailer has shipped the goods and deliveries have been made. Orders made on saturday, dispatched monday afternoon.

Now the seller only refers to standard Amazon T&C, who consider the contract fulfilled on dispatch.

Many purchasers are now receiving telephone calls asking them to reject the delivery, keep the item for later return, or pay the extra £1100 if they wish to keep it.
The company is also asking for a response within 24 hours.

I know this has never been tested in a court of law, though Amazon T&C consider a contract made when item shipped, and that merchant resellers should check the order before dispatch.

Where do we stand?...morally may be different to legally.
tbh looks like company has outsourced the whole thing to a fulfillment company rather than keeping control of their orders.

bod1467

Legally? If the T&Cs say contract is formed on despatch then they can whistle into the wind - you don't need to pay them anything. But make sure you have copies of the T&Cs, and check that the T&Cs on the paperwork with the shipment don't try to say something different. They may threaten court action but they won't do it - if what you are saying is correct then they'd lose, and you'd hope that they'd have someone in their business with enough savvy to know not to throw good money after bad.

Morally? That's for each individual's own conscience.

maninthestreet

The contract has been completed - the computer is the legal property of the buyer. The buyer has no legal or moral duty to pay any extra money to the reseller.

paddyrg

Make darn sure you register the warranty with the manufacturer though, I wouldn't want to be relying on the vendor's good faith to honour anything other than 'refund' for any SOGA problems. In fact if they lose 1100 on lots of laptops they might not be trading much longer anyway. They may not even have to fire the intern who got it wrong, they'll be bust and shutting the doors and all jobless!

moyesforever

Contract done and dusted unlike the recent 'underthesea' ebuyer one.

somethingcorporate

maninthestreet wrote: »

The contract has been completed - the computer is the legal property of the buyer.

Sorry to be pedantic but the computer is probably not the legal property of the buyer until it is delivered (as it is still the responsibility of the company to get the item to the customer) but the seller is contractually obligated to provide a laptop for the agreed price.

The impact is still the same, the OP has no moral or legal obligation to play ball.

George_Michael

somethingcorporate wrote: »

Sorry to be pedantic but the computer is probably not the legal property of the buyer until it is delivered

Even though it is the responsibility of the seller to ensure that the goods are delivered in the same condition as they were sold, ownership of those goods does generally pass to the buyer as soon as the contract has been formed,(unless the contract specifically states otherwise) and if the T&C of the retailer state that this happens upon dispatch, then this is when the transfer of ownership happens.

Basically, the goods are the property of the buyer from the time that the contract is formed, but the seller assumes any risk in those goods until they have been delivered to the buyer.

somethingcorporate

George_Michael wrote: »

Even though it is the responsibility of the seller to ensure that the goods are delivered in the same condition as they were sold, ownership of those goods does generally pass to the buyer as soon as the contract has been formed,(unless the contract specifically states otherwise) and if the T&C of the retailer state that this happens upon dispatch, then this is when the transfer of ownership happens.

Basically, the goods are the property of the buyer from the time that the contract is formed, but the seller assumes any risk in those goods until they have been delivered to the buyer.

I wonder what the general consensus in consumer contracts is (whether they put ownership clauses in) - I've never looked in detail/paid any attention given it still remains the issue of the seller to get it to the customer safely.